Delaware Concealed Carry Forum
State News & Gun News => Delaware News => Topic started by: Just Bill on March 06, 2017, 08:18:12 PM
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I just read an article in the March 1st Freedom(pg 20) about Nevada's recently passed law. Their AG declared it unenforceable after receiving a letter from the FBI, that says states can't mandate how the feds allocate time. That law requires local dealers to go through NICS, just like ours. Has that ever been looked into for DE???
Bill
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This was the point I made when Bryan Townsend et al passed the law stating that Delaware residents would have to wait an additional 25 days on a back ground check if the seller didn't get a response within the 3 day limit as instructed by federal law.
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So one state says not enforceable, ours says, tough do-do....... >:(
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It probably needs to be challenged first.
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the 25 day delay is the silliest thing i have seen...accomplishes nothing other than makes people wait.....nics is set up for 3 days after that they never get back to dealers....so what was the purpose again for this law?
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It makes the liberals feel good. Other than that nothing.
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the 25 day delay is the silliest thing i have seen...accomplishes nothing other than makes people wait.....nics is set up for 3 days after that they never get back to dealers....so what was the purpose again for this law?
That's exactly how I explained it on Townsend's public FB page after he announced it had passed. The response?.... crickets
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I was told a Trin Tac that if we possess a ccdw the 25 day wait does not apply.
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I was told a Trin Tac that if we possess a ccdw the 25 day wait does not apply.
The reason the 25 day doesn't apply in that situation is because if you hold a permit, you are exempt from a federal background check...supposedly. Delaware no longer does state checks as they were considered redundant.
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I was told a Trin Tac that if we possess a ccdw the 25 day wait does not apply.
The reason the 25 day doesn't apply in that situation is because if you hold a permit, you are exempt from a federal background check...supposedly. Delaware no longer does state checks as they were considered redundant.
That only relates to a private sale where the buyer has a permit. Public sales still require a background check.
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Lynch is correct.
Also in the "old days", we were subjected to both a state and federal check when buying a firearm. Your CCDW exempted you from the state, but not the federal.
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This is what I was reffering to.
"However, the laws concerning the background checks themselves - or specifically, when and where a background check is warranted, what they consist of, etc. - is the domain of the Bureau of Alcohol, Tobacco, Firearms and Explosives. (The BAFTE was previously the bureau of just the first three things and thus is colloquially referred to as the ATF.) The way the Loophole works is that if the requirements of getting a concealed carry permit satisfy the same investigatory requirements as an NICS check for a handgun...bearer of said permit doesn't need to submit to a background check. They already passed the background check to get the license.. Continue reading at: http://gunbelts.com/blog/nics-background-check-exemption/"
http://gunbelts.com/blog/nics-background-check-exemption/
It's documented this way on other sites as well.
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When I presented my permit the last few times, I was told it matters not in the PRODE. Still have to do the check. Even to Chris.
Bill
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When I presented my permit the last few times, I was told it matters not in the PRODE. Still have to do the check. Even to Chris.
Bill
Seems this may be a policy of the gun store. Maybe you need to check around for another gun store?
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When I presented my permit the last few times, I was told it matters not in the PRODE. Still have to do the check. Even to Chris.
Bill
Seems this may be a policy of the gun store. Maybe you need to check around for another gun store?
The Delaware CCDW permit does not eliminate the requirement that an FFL must do a NICS check when they sell a firearm.
I can sell you a firearm if you show me your permit. Chris can't.
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I thought everyone has have the check? If I recal correctly there was a law past several years back that requires private sales to go through an ffl? That was the argument of the gun show loop hole... Your CCWD used to exempt you with the state check but that's gone now anyhow.
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If the buyer in a private sale holds a current DE CCDW, they are exempted from having to go through a FFL and have a background check performed.
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The state has to be on the Permanent Brady Chart (https://www.atf.gov/rules-and-regulations/permanent-brady-permit-chart) to be exempt from a NICS check.
Also read this:Laws in Delaware, Florida, and Louisiana purport to exempt concealed weapons permit holders in those states from the background check requirement. Del. Code distraction. 11, § 1448A(d)(5); Fla. Stat. § 790.065(1)(b); La. Rev. Stat. § 40:1379.3(T)(1). However, ATF does not recognize permit holders in these states as exempt. As a result, dealers in these states must conduct a background check even if the purchaser presents a concealed weapons permit.
http://www.gunpolicy.org/firearms/citation/quotes/7748
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Lynch is correct.
Also in the "old days", we were subjected to both a state and federal check when buying a firearm. Your CCDW exempted you from the state, but not the federal.
I wouldn't say "old days".. Just 5 years ago we still had to pass both federal and state background checks. :D
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Ummmm...I thought private sales without background check was outlawed in the Peoples Republic of DE.
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When I presented my permit the last few times, I was told it matters not in the PRODE. Still have to do the check. Even to Chris.
Bill
Seems this may be a policy of the gun store. Maybe you need to check around for another gun store?
not a gun store policy state and federal law...you might want to check your facts before you offer advice......
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Ummmm...I thought private sales without background check was outlawed in the Peoples Republic of DE.
conceal carry holders and leo are exempt
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Transfer between certain family members also exempt.
Sibling, parents ,children, grandchildren etc.
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How else are the 18-20 year old who get carry permits supposed to buy a gun to carry? Lol
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How else are the 18-20 year old who get carry permits supposed to buy a gun to carry? Lol
Technically 18-20yo's can't own a handgun but rather carry mom or dads until they turn 21. They can't purchase or own one but can possess a family members. ???
Btw.. This makes about as much sense to me as being able to serve your country and give your life for it at 18 but not celebrate an occasion or enjoy a cold beer until you're 21.
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They cannot PURCHASE one until 21 years of age. They can OWN one as a gift as allowed by Delaware law.
§ 1448B Criminal history record checks for sales of firearms — Unlicensed persons.
(a) No unlicensed person shall sell or transfer any firearm, as defined in § 222 of this title, to any other
unlicensed person without having conducted a criminal history background check through a licensed
firearms dealer in accordance with § 1448A of this title and § 904A of Title 24, as the same may be
amended from time to time, to determine whether the sale or transfer would be in violation of federal or
state law.
(b) For purposes of this section:
(1) "Licensed dealer" means any person licensed as a deadly weapons dealer pursuant to Chapter 9 of
Title 24 and 18 U.S.C. § 921 et seq.
(2) "Transfer" means assigning, pledging, leasing, loaning, giving away, or otherwise disposing of, but
does not include:
a. The loan of a firearm for any lawful purpose, for a period of 14 days or less, by the owner of said
firearm to a person known personally to him or her;
b. A temporary transfer for any lawful purpose that occurs while in the continuous presence of the
owner of the firearm, provided that such temporary transfer shall not exceed 24 hours in duration;
c. The transfer of a firearm for repair, service or modification to a licensed gunsmith or other person
lawfully engaged in such activities as a regular course of trade or business; or
d. A transfer that occurs by operation of law or because of the death of a person for whom the
prospective transferor is an executor or administrator of an estate or a trustee of a trust created in a will.
(3) "Unlicensed person" means any person who is not a licensed importer, licensed manufacturer or
licensed dealer.
(c) The provisions of this section shall not apply to:
(1) Transactions in which the potential purchaser or transferee is a parent, mother-in-law, father-in-law,
stepparent, legal guardian, grandparent, child, daughter-in-law, son-in-law, stepchild, grandchild,
sibling, sister-in-law, brother-in-law, spouse, or civil union partner of the seller or transferor;
(2) Any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of
ignition system) manufactured in or before 1898;
(3) Any replica of any firearm described in paragraph (c)(2) of this section if such replica:
a. Is not designed or redesigned to use rimfire or conventional centerfire fixed ammunition; or
b. Uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the
United States and which is not readily available in the ordinary channels of commercial trade;
(4) Any muzzle-loading firearm designed for hunting or competitive shooting not requiring a criminal
background check pursuant to federal law;
14(5) Transactions in which the potential purchaser or transferee is a qualified active duty law-
enforcement officer or a qualified retired law-enforcement officer, as such terms are defined in § 1441A
of this title;
(6) Transactions in which the potential purchaser or transferee holds a current and valid concealed
carry permit issued by the Superior Court of the State of Delaware pursuant to § 1441 of this title.
(7) Transactions in which the prospective buyer or transferee is a bona fide member or adherent of an
organized church or religious group, the tenets of which prohibit photographic identification; provided,
however, that no unlicensed person shall sell or transfer any firearm to any such person without having
conducted a criminal history background check in accordance with subsection (f) of this section
hereunder to determine whether the sale or transfer would be in violation of federal or state law;
(8) Transactions involving the sale or transfer of a curio or relic to a licensed collector, as such terms
are defined in 27 C.F.R. 478.11, as the same may be amended from time to time;
(9) Transactions involving the sale or transfer of a firearm to an authorized representative of the State
or any subdivision thereof as part of an authorized voluntary gun buyback program.
(d) Notwithstanding anything to the contrary herein, no fee for a criminal history background check
may be charged for the return of a firearm to its owner that has been repaired, serviced or modified by a
licensed gunsmith or other person lawfully engaged in such activities as a regular course of trade or
business.
(e) Any person who knowingly sells or transfers a firearm in violation of this section shall be guilty of
a class A misdemeanor. Any subsequent offense shall be a class G felony. The Superior Court shall
have exclusive jurisdiction for all offenses under this section.
(f) The State Bureau of Investigation (the "Bureau") shall facilitate the sale or transfer of any firearm
in which the prospective buyer is a bona fide member or adherent of an organized church or religious
group, the tenets of which prohibit photographic identification, pursuant to the following procedure.
For purposes of this subsection, the terms "prospective buyer" and "prospective seller" shall include
prospective transferors and prospective transferees, respectively.
(1) The prospective buyer and seller shall jointly appear at the State Bureau of Investigation during
regular hours of business, and shall inform the Bureau of their desire to avail themselves of the
procedure set forth herein. The actual cost of the criminal history background check shall be paid by
either the prospective buyer or prospective seller.
(2) The prospective buyer shall be required to submit fingerprints and other necessary information in
order to obtain a report of the individual's entire criminal history record pursuant to the Federal Bureau
of Investigation appropriation of Title II of Public Law 92-544 (28 U.S.C. § 534). In addition, the
prospective buyer shall submit to the Bureau a signed affidavit stating that photographic identification
conflicts with the tenets of an organized church or religious group of which the prospective buyer is a
bona fide member.
(3) In the event that said background check reveals that the prospective buyer is prohibited from
possessing, purchasing or owning a firearm, the Bureau shall so inform both parties of that fact and the
transfer shall not take place.
(4) The Bureau shall maintain a record of all background checks under this section to the same extent
as is required of licensed dealers pursuant to Chapter 9 of Title 24.
15(5) The Bureau is hereby authorized to promulgate such reasonable forms and regulations as may be
necessary or desirable to effectuate the provisions of this subsection.
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Ahh ok thanks for that correction. I thought it fell under a Loan but either hadn't realized, or simply forgot since it doesn't apply to me or my son yet, that it could be gifted to them.
My 6yo has a ways to go still though has become pretty proficient with his Red Rider BB rifle and air soft target practice. ;D Beating the rules and firearm respect in at an early age. I load up 10 BBs for him at a time, he target shoots the target on a box filled with balled up paper and lined with about 10 layers of cardboard at the rear. He loves it. ;D