Delaware Governor Signs Background Check Law; Effective July 1, 2013

May 8, 2013: Earlier today, Governor Markel signed legislation to require background checks for private sales of firearms in Delaware.  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.

When it goes into effect on July 1, 2013, 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 $30.00.  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 will not do the check for only $10.  The Delaware legislation may have been drafted to address what has been happening in New York, by requiring dealer participation but allowing for a higher fee.

We will continue to monitor developments in Delaware where Governor Markel has proposed legislation that would:

1.       Require the reporting of lost and stolen firearms

2.       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

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

4.       Ban the possession of a firearm within 1,000 feet of a school