HB 342

Abstract

This Act creates a Voluntary Firearms Do-Not-Sell Registry in which an applicant may voluntarily enroll for the purpose of being prohibited from obtaining a firearm. An individual on the Registry may request removal from the Registry no sooner than 30 days after the individual is entered on the registry. Once an individual requests removal from the Registry, the individual must be removed from the Registry no sooner than 30 days after the removal request. A person who transfers a firearm to an individual in violation of this section is guilty of a class A misdemeanor for a first offense and a class G felony for a subsequent offense. An individual who makes a false statement or representation regarding their identity when requesting inclusion or removal from the Registry shall be guilty of a class A misdemeanor. House Substitute No. 1 for House Bill No. 342 differs from House Bill No. 342 as follows: (1) Defines the terms “firearm” and “transfer” to increase clarity and ensure consistency with other parts of the Code; (2) Clarifies that unlicensed persons are also prohibited from selling a firearm to an individual enrolled on the Registry; (3) Requires a licensed dealer to facilitate the Registry check on behalf of the unlicensed seller in the same way it completes a background check on behalf of the unlicensed seller under § 904A of Title 24; (4) Clarifies that a person, rather than an individual, may be liable for selling a firearm to an individual enrolled on the Registry; (5) Clarifies that a person must knowingly sell or transfer a firearm to an individual on the Registry to be in violation of this Act; and (6) Makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.