Delaware Concealed Carry Forum
State News & Gun News => Delaware News => Topic started by: craigwill201 on January 10, 2012, 11:42:09 PM
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July 13, Governor Jack Markell signed into law two bills of note to Delaware’s gun owners, NRA-supported House Bill 48 and NRA-opposed Senate Bill 25. HB 48 will go into effect no later than December 31, while SB 25 took immediate effect.
Sponsored by state Representative Valarie Longhurst (D-15), House Bill 48 will update Delaware state law to meet the requirements set forth in the federal NICS Improvement Amendments Act (NIAA). HB 48 provides a relief-from-disabilities process allowing an individual to get their firearm rights restored. HB 48 also requires the state to provide mental health records to the NICS database if the individual, as a result of a mental health adjudication, is prohibited from possessing a firearm. In addition to conforming Delaware law to the NIAA, this legislation also repeals Delaware’s Instant Check for firearm purchases and moves all background checks to the National Instant Criminal Background Check System (NICS).
No more delaware background check?
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Delaware is one of only 10 states that have provided no information on mentally ill individuals to the federal database. This bill would help remedy that problem by authorizing state agencies to provide such information to NICS. It also creates a federally mandated “relief from disabilities” program, which allows individuals adjudicated as mentally ill to once again become eligible for gun ownership by showing they are not likely to act in a manner dangerous to public safety.
Once the new system is established, the bill will also abolish the state’s existing firearms transaction program, which will be duplicative.
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What practical effect will these new laws have for the average CCW licensee?
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IMO nothing, just make it quicker to make a purchase because we all know how long the state could take to complete their background check.
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If you show a gun dealer your ccw card they do not have to do the De, check.
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Ammendment 2 to this bill extended the deadline to June 30, 2012. I spoke with DE Homeland Security, who is in charge of comleteing the regulations required to provide the info to NICS. The person at Homeland stated they are publishing the regulations by Febuary and hope to have the process completed by March. After the Law goes into effect Dealers will only have to call NICS for sales.