Pending Delaware Legislation

Governor Markell has proposed legislation to:

1.       Require background checks for private sales of firearms

2.       Require the reporting of lost and stolen firearms

3.       Ban the manufacture, sale or possession of handgun magazines with a capacity of more than ten rounds and rifle or
          shotgun magazines with a capacity of more than five rounds

4.       Ban the manufacture or sale of “military-style assault weapons”

5.       Ban the possession of a firearm within 1,000 feet of a school
The Delaware legislature has passed the first proposal which awaits Governor Markell’s signature.  Once Delaware HB 35 is signed into law, effective July 1, 2013, persons in Delaware may not transfer firearms without conducting a background check through a licensed firearm dealer.  Transfer is broadly defined but does not include loaning a firearm for up to 14 days to a person personally known or a temporary transfer for a lawful purpose of up to 24 hours.  Exception is also made for transfers to immediate family members.

Delaware HB 35 will require licensed Delaware firearm dealers to run background checks for private sales but authorizes a fee for this service of up to $50.00.  By comparison, the NY SAFE Act does not require dealers to run background checks on private sales in New York but caps the fee which can be charged at $10.00.  As we expected, this has already caused issues in New York as many dealers won’t do the check for only $10.  The Delaware legislation may have been drafted to address what’s been happening in New York, by requiring dealer participation but allowing for a higher fee.

Renzulli Law Firm, nationally recognized as one of the premier law firms in the country serving the Firearms Industry, is monitoring legislative developments affecting the industry and publishing regular updates which are available by e-mail and on this website.  Any questions you may have about these developments should be directed to John F. Renzulli or Christopher Renzulli.