Gov. Jack Markell Wednesday signed House Bill 35.
The bill, which goes into effect July 1, closes a loophole in state law by requiring background checks in connection with the sale or transfer of firearms between private parties. The bill includes several exceptions, such as transfers to immediate family members, qualified law-enforcement officers and certain short-term transfers to persons personally known to the owner.
The bill is expected to face a legal challenge from the National Rifle Association, which fiercely opposed the measure.
Polls have suggested that an overwhelming majority of Americans approved of reforms on background checks.
“Thanks to your hard work, your dedication, and your passion, today we are closing the private sale loophole once and for all,” said Delaware Governor Jack Markell. “No longer will we have two different markets for the sale of firearms – a regulated market for dealers, and an unregulated market for everyone else. No longer will our laws draw a meaningless distinction between dealers and non-dealers when it comes to requiring background checks. And no longer will we tolerate a system that too easily allows criminals to acquire guns and commit more crimes. You made this happen – each and every one of you.”
Since the 1990s, both Delaware and federal law have required licensed dealers to perform background checks on prospective buyers. But before HB 35, no background check was required for gun transfers not involving licensed dealers.
Under HB 35, background checks will be performed by licensed firearms dealers. Dealers would be required to maintain records of such background checks in accordance with state and federal law.
At least six times since 1990, the General Assembly has considered legislation to address the private sale loophole. None of those bills ever made it to a floor vote. House Bill 35 was unveiled by the Gov. Markell, Lt. Gov. Denn, Attorney General Biden and former Congressman and Governor Mike Castle at a news conference in March.
“Expanding background checks will keep more guns away from criminals and others who should not have them,” Attorney General Beau Biden said.
Nicole Hockley, mother of 6 year old Dylan who was murdered at Sandy Hook Elementary School in Newtown, Connecticut on December 14, 2012 was one of four Sandy Hook family members at the bill signing. Hockley and others traveled to Delaware to meet with state legislator to discuss ways to strengthen Delaware’s gun laws.
Persons who violate HB 35 will be guilty of a class A misdemeanor for a first offense. Any subsequent offense is a class G felony.
