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 Post subject: Gun Law help
PostPosted: Thu Oct 11, 2018 4:28 pm 
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Joined: Mon Mar 18, 2013 6:30 pm
Posts: 41
Location: Newark DE
Can someone link me to the actual law that shows there is no gun resgistry/registration and that the state police must destroy documentation used in the background check process after 60 days. Any information about how there is not a gun registry in the state or on a federal level would be very much appreciated. I'm having a discussion with a friend and would like to have some kind of proof behind what I'm saying to them.


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 Post subject: Re: Gun Law help
PostPosted: Thu Oct 11, 2018 7:51 pm 
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Joined: Tue May 31, 2011 5:49 pm
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Location: Newark
There is no gun registry in Delaware...period. The State Police no longer do a background check as it was a duplicate of the Federal NICS check which is required. Take him to a gun shop and they will gladly discuss it with him.

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 Post subject: Re: Gun Law help
PostPosted: Thu Oct 11, 2018 9:52 pm 
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Joined: Sat Mar 06, 2010 3:30 pm
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Location: Newark, DE
You're asking for help proving a negative which is generally a logical fallacy.

There is no law saying "hey state, don't have a gun registry."

We do not have a registry because there is no law establishing one. Your friend is free to read the entire Delaware Code trying to find a law that does create one. I would not recommend holding his breath while trying to find it though.

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 Post subject: Re: Gun Law help
PostPosted: Fri Oct 12, 2018 5:07 am 
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Joined: Mon Mar 18, 2013 6:30 pm
Posts: 41
Location: Newark DE
Thanks for the responses. While I completely understand what your saying it's hard sometimes to explain these things to someone who has fallen victim to Hollywood or crime TV show interpretation of law. I just hear it over and over from so many people "is that handgun registered in your name" or "all my guns are registered in my name". Or back when private sales was a thing you could do without a ffl transfer you would hear "if i sell a gun to a guy and someone steals it from them and commits a crime it will get pinned on me because the guns still registered in my name". It's hard to change the way some people have been taught to think their whole lives about certain things.


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 Post subject: Re: Gun Law help
PostPosted: Fri Oct 12, 2018 7:09 am 
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Location: Newark
cahill85 wrote:
Thanks for the responses. While I completely understand what your saying it's hard sometimes to explain these things to someone who has fallen victim to Hollywood or crime TV show interpretation of law. I just hear it over and over from so many people "is that handgun registered in your name" or "all my guns are registered in my name". Or back when private sales was a thing you could do without a ffl transfer you would hear "if i sell a gun to a guy and someone steals it from them and commits a crime it will get pinned on me because the guns still registered in my name". It's hard to change the way some people have been taught to think their whole lives about certain things.

This is a great time to educate them. I had a similar discussion with a co-worker several years ago. He insisted there was gun registration in Delaware and he was a hunter. I think he was probably confused as to what form 4473 was for.

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 Post subject: Re: Gun Law help
PostPosted: Fri Oct 12, 2018 5:58 pm 
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Joined: Sun Jan 29, 2012 6:04 pm
Posts: 181
cahill85 wrote:
Thanks for the responses. While I completely understand what your saying it's hard sometimes to explain these things to someone who has fallen victim to Hollywood or crime TV show interpretation of law. I just hear it over and over from so many people "is that handgun registered in your name" or "all my guns are registered in my name". Or back when private sales was a thing you could do without a ffl transfer you would hear "if i sell a gun to a guy and someone steals it from them and commits a crime it will get pinned on me because the guns still registered in my name". It's hard to change the way some people have been taught to think their whole lives about certain things.


While there is no “registry” and the 4473 doesn’t “register the gun” to a person, it does however create a paper trail to the last person that received it via completed 4473. This is not something that can be pulled up on a computer, it requires warrants and visits to each dealer performing those 4473s along that trail.


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 Post subject: Re: Gun Law help
PostPosted: Thu Oct 18, 2018 3:50 pm 
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Joined: Sat Oct 11, 2008 12:19 pm
Posts: 1033
Location: New Castle, DE
https://www.atf.gov/resource-center/doc ... e/download

That's a PDF with all of the information you're looking for. Section D, paragraphs 1 through 3 are particularly relevant. I've made the key parts you're looking for bold.

Quote:
(d)(1) Any records containing any of the information set forth in paragraph (a)(1) pertaining to a potential buyer or transferee who is not found to be prohibited from receipt or possession of a firearm by reason of § 1448 of this title or federal law shall be confidential and may only be disclosed by any officer or employee of the SBI to other law enforcement agencies. The SBI and any other law enforcement agencies shall destroy any such records after it communicates the corresponding approval number to the licensee and such records shall be destroyed within 60 days after the day of receipt of the licensee's request.

(2) Notwithstanding contrary provisions of this subsection, the SBI shall maintain a log of dates of requests for criminal history record checks and unique approval numbers corresponding to such dates for a period of not longer than 1 year.

(3) Nothing in this section shall be construed to allow the State to maintain records containing the names of licensees who receive unique approval numbers or to maintain records of firearm transactions, including the names or other identification of licensees and potential buyers or transferees, involving persons not prohibited by § 1448 of this title and federal law from the receipt or possession of firearms. However, the SBI may retain whatever information it receives including, but not limited to, the identifying information of potential buyers or transferees, if the SBI has probable cause to believe the potential buyer or transferee is committing a crime.


Federally, there is the Firearm Owners Protection Act of 1986 which states:

Quote:
No such rule or regulation prescribed [by the Attorney General] after the date of the enactment of the Firearms Owners Protection Act may require that records required to be maintained under this chapter or any portion of the contents of such records, be recorded at or transferred to a facility owned, managed, or controlled by the United States or any State or any political subdivision thereof, nor that any system of registration of firearms, firearms owners, or firearms transactions or disposition be established. Nothing in this section expands or restricts the Secretary's authority to inquire into the disposition of any firearm in the course of a criminal investigation.


I couldn't find a PDF of the entire act, but here's a link to the Wikipedia page for the law:
https://en.wikipedia.org/wiki/Firearm_O ... ection_Act

And here's a summary from Congress.gov:
https://www.congress.gov/bill/99th-cong ... te-bill/49
The relevant part is the fifth paragraph from the bottom.

I hope all of this helps.

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4) Be sure of your target and what is beyond it


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 Post subject: Re: Gun Law help
PostPosted: Thu Oct 18, 2018 7:19 pm 
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Location: Pencader Hundred
Thanks Dale for rounding up this info! :pbjtime:

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