HB35 Well it's getting watered down (a good thing) - still NOT warm and fuzzy yet with it. Keep the email, phone calls, and letters going!!!
This IS going to be a LONG fight!
Background checks would not be required in private party transactions (1) in which the buyer or transferee is a member of the seller or transferor’s immediate family (parent, grandparent, child, grandchild, sibling or spouse); (2) involving antique firearms and certain replicas thereof; (3) involving the return by a licensed pawnbroker of a firearm to the person from whom it was received; or (4) involving qualified active duty and retired law-enforcement officers. Persons who violate this act would be guilty of a class A misdemeanor for a first offense. Any subsequent offense would be a class G felony.
HA1 to HB35:
This Amendment allows transfer without a background check to individuals who have already gone through an extensive review process as part of the concealed carry permit application.
HA3 to HB35:
This amendment ensures that before a license to sell a deadly weapon is suspended or revoked, a holder of such license has notice and the opportunity to have a hearing
HA4 to HB35:
This amendment expressly prohibits the establishment of any system of firearm registration by the State.
HA2 to HB35:
This amendment reduces the maximum fee that may be charged by a dealer for a background check under House Bill 35 from $50 to $30. In addition, it provides that no fee may be charged for the return of a firearm to its owner if the proposed transaction cannot be immediately and legally completed as the result (or lack thereof) of a background check.
HA5 to HB35:
This amendment defines the term “transfer,” and clarifies that the following are not transfers for purposes of HB 35: (1) the loan of a firearm, for any lawful purpose, to a person personally known to the owner for up to 14 days; (2) temporary transfers of up to 24 hours by an owner to a person who remains in the continuous presence of the owner (a “face-to-face exception”); (3) the transfer of a firearm for repair, service or modification to a licensed gunsmith or other person in the business of repairing, servicing or modifying firearms; (4) transfers to an administrator or executor upon the death of an owner or other transfer occurring by operation of law.
HA6 to HB35:
This amendment (1) adds civil union partners to the definition of immediate family; (2) allows bona fide members of organized religious groups whose religion prohibits photo IDs to undergo background checks through the State Bureau of Investigation; (3) clarifies that the qualified law-enforcement officer exception only applies when the prospective buyer or transferee is a qualified law-enforcement officer; (4) eliminates an exception that would have allowed pawnbrokers to return a firearm to person from whom it was received, because such exception no longer exists under federal law; (5) exempts from the background check requirement the purchase of “curio and relic” firearms by persons licensed under federal law to collect such items; (6) exempts purchases by the state or any subdivision thereof in connection with gun buyback programs; and (7) fixes a typographical error.
HA7 to HB35:
This amendment expands the legal protections available to gun sellers and dealers who perform background checks in accordance with Delaware law. This provision encourages compliance by ensuring that persons who follow the law cannot be held liable for damages for actions that take place after a lawful transfer.