DELAWARE STATE SENATE

153rd GENERAL ASSEMBLY

SENATE BILL NO. 324

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO DEADLY WEAPONS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend § 1448A, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 1448A. Background checks and handgun qualified purchaser permit required for sales of firearms [For application of this section, see 84 Del. Laws, c. 259, § 5].

(e) This section does not apply to any of the following:

(7) Transactions in which the prospective buyer is a “qualified constable agency representative”, as defined by § 1448D of this title purchasing on behalf of a “constable”, as defined by § 1448D of this title.

Section 2. Amend § 1448B, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 1448B. Background checks and handgun qualified purchaser permit required for sales of firearms — Unlicensed persons [For application of this section, see 84 Del. Laws, c. 259, § 5].

(c) This section does not apply to any of the following:

(11) Transactions in which the prospective buyer is a “qualified constable agency representative”, as defined under § 1448D of this title purchasing on behalf of a “constable”, as defined under § 1448D of this title.

Section 3. Amend § 1448D, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and by redesignating Delaware Code provisions accordingly:

§ 1448D. Handgun qualified purchaser permit required to purchase handguns [For application of this section, see 84 Del. Laws, c. 259, § 5].

(a) For purposes of this section:

(1) “Constable” means an individual who satisfies all of the following:

a. Commissioned under Chapter 56 of Title 24.

b. Authorized by the Constable Board of Examiners to carry a firearm in the performance of the constable’s official duties.

c. Licensed to carry a firearm by the Professional Licensing Section of the Delaware State Police.

(4) “Qualified constable agency representative” means a constable working for an employer , as defined under § 5602 of Title 24, that has authorized the procurement of handguns by the constable on behalf of any constables working for that employer.

(b) The SBI shall, on application, issue a handgun qualified purchaser permit to all of the following:

(1) A person not disqualified under subsection (f) of this section.

(2) A person who the Director determines to be 1 of the following:

a. A qualified law-enforcement officer.

b. A qualified retired law-enforcement officer.

c. A qualified constable agency representative.

(c) (1) A person applying for a handgun qualified purchaser permit as a qualified law-enforcement officer, as a “law-enforcement agency,” as defined under § 8584 of this title, for a handgun to be used by law-enforcement officers employed by the law-enforcement agency in the performance of the law-enforcement officers’ official duties, or a qualified retired law-enforcement officer is not subject to paragraphs (f)(1) or (f)(4) or subsection (h) of this section.

(3) A qualified constable agency representative applying for a handgun qualified purchaser permit for a handgun to be used by a constable employed by the employer in the performance of the constable’s official duties is not subject to paragraph (f)(4) of this section or subsection (h) of this section.

(k) A handgun qualified purchaser permit is void if, at any time following the issuance of a handgun qualified purchaser permit, any of the following apply to a person issued the handgun qualified purchaser permit:

(1) The person becomes disqualified for any reason under subsection (f) of this section.

(2) The person is no longer a qualified law-enforcement officer , qualified constable agency representative, or a qualified retired law-enforcement officer.

( l ) (1) The Director may revoke a handgun qualified purchaser permit at any time on a finding that any of the following apply to a person issued the handgun qualified purchaser permit:

a. The person is disqualified for any reason under subsection (f) of this section.

b. The person is no longer a qualified law-enforcement officer , qualified constable agency representative, or a qualified retired law-enforcement officer.

SYNOPSIS

Senate Bill No. 188, enacted during this General Assembly, clarified that the law-enforcement agency practice of purchasing firearms for that agency’s law-enforcement officers for use by the officers in their official duties is exempted from the background check requirements under §§ 1448A, 1448B, and 1448D of Title 11 under our State’s permit to purchase firearms laws.

This Act provides the same exemption from background check requirements for a qualified constable agency representative. A qualified constable agency representative means a constable working for an employer, as defined under § 5602 of Title 24, that has authorized the procurement of handguns by the constable on behalf of any constables working for that employer. For purposes of this Act, “constable” means an individual who satisfies all of the following:

(1) Commissioned under Chapter 56 of Title 24.

(2) Licensed to carry a firearm by the Professional Licensing Section of the Delaware State Police.

(3) Authorized by the Constable Board of Examiners to carry a firearm in the performance of the constable’s

official duties.

This Act also makes void a permit to purchase and gives the Director of the State Bureau of Identification (SBI) permission to revoke a permit to purchase if the person is no longer a qualified constable agency representative.

Author: Senator Lockman