Delaware Concealed Carry Forum
State News & Gun News => Delaware News => Topic started by: Clarence on May 14, 2022, 05:33:31 PM
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https://legis.delaware.gov/BillDetail/109516
This has been introduced to take the firearm background check system back to the Delaware State Police from the FBI. It is a substitute for SB3, the Permit to Purchase bill. I is supported by the DSSA / NRA. Reading through it is a bit confusing.
I hope it has more safeguards from back door registration that was the previous problem.
The following items are of note:
1. Apparently Shotguns would no longer require a background check ( this was the old pre Brady Delaware policy but I’m not sure how this squares with the Federal Brady law. )
2. Holders of Concealed Carry License would be exempt (this is the policy in many other states. This requires ATF approval)
3. In applying for a CCW license it now says SHALL perform a background check whereas prior the law said MAY require. (some states refused reciprocity to Delaware because of this also might be required to get ATF approval for # 2 above. Not sure about that)
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I don't understand the issue on #2. CCW permit have been checked and double checked and OKed by a judge.
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There is certain criteria that must be met as to how the licenses are issued and the state issuing authority must apply for this to the ATF.
This is the list of states licenses that the ATF has approved to trigger Brady check waivers
Permanent Brady Permit Chart
Prepared by: ATF Office of Enforcement Programs and Services
Last updated: June 21, 2020
Note: Notwithstanding the dates set forth below, permits qualify as alternatives to the background check requirements of the Brady law for no more than 5 years from the date of issuance. The permit must be valid under state law in order to qualify as a Brady alternative.
State / Territory Qualifying Permits
Alabama None
Alaska Concealed weapons permits marked NICS-Exempt
American Samoa None
Arizona Concealed weapons permits qualify.
Arkansas Concealed weapons permits issued on or after April 1, 1999 qualify. *
California Entertainment Firearms Permit only
Colorado None
Connecticut None
Delaware None *
District of Columbia None *
Florida None *
Georgia Georgia firearms licenses qualify.
Guam None *
Hawaii Permits to acquire and licenses to carry qualify.
Idaho Concealed weapons permits qualify.
Illinois None
Indiana None
Iowa Permits to acquire and permits to carry concealed weapons qualify.
Kansas Concealed handgun licenses issued on or after July 1, 2010 qualify as alternatives to the background check.
Kentucky Concealed Deadly Weapons License (CDW) and Judicial Special Status CDW issued on or after July 12, 2006 qualify.
Louisiana Concealed handgun permits issued on or after March 9, 2015 qualify. Lifetime Concealed Carry Permits qualify for the initial five-year period beginning on the original issuance date.
Maine None *
Maryland None *
Massachusetts None *
Michigan Licenses to Purchase a Pistol (LTP) are the only permits that qualify as a NICS alternative.
Minnesota
None
Mississippi License to carry concealed pistol or revolver issued to individuals under Miss. Stat. Ann. § 45-9-101 qualify. (NOTE: security guard permits issued under Miss. Stat. Ann. §97-37-7 do not qualify).
Missouri None *
Montana Concealed weapons permits qualify.
Nebraska Concealed handgun permit qualifies as an alternative. Handgun purchase certificates qualify.
Nevada Concealed carry permit issued on or after July 1, 2011, qualify.
New Hampshire None
New Jersey None
New Mexico None
New York None
North Carolina Permits to purchase a handgun and concealed handgun permits qualify.
North Dakota Concealed weapons permits issued on or after December 1, 1999 qualify. *
Northern Mariana Islands None
Ohio Concealed weapons permits issued on or after March 23, 2015 qualify.
Oklahoma None *
Oregon None *
Pennsylvania None
Puerto Rico None
Rhode Island None
South Carolina Concealed weapons permits qualify.
South Dakota
Gold Card Concealed Pistol Permits and Enhanced Permits to Carry a Concealed Pistol issued on or after January 1, 2017 qualify. Regular Concealed Carry Permits issued on or after July 1, 2018 qualify.
Tennessee None
Texas Concealed weapons permits qualify.
U.S. Virgin Islands None
Utah Concealed weapons permits qualify.
Vermont None
Virginia None
Washington None
West Virginia Concealed handgun license issued on or after June 4, 2014 qualify.
Wisconsin None
Wyoming Concealed weapons permits qualify.
* While certain permits issued in these states prior to November 30, 1998 were “grandfathered” as Brady alternatives, none of these grandfathered permits would still be valid under State law as of November 30, 2003.
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Federal law permits states to require federal firearms licensees (FFLs) to conduct background checks through a
state agency, or point of contact, instead of directly through the National Instant Criminal Background Check System
(NICS).
This Act creates the Firearm Transaction Approval Program (FTAP) within the State Bureau of Identification
(SBI) of the Delaware State Police and designates the SBI's FTAP as the point of contact between an FFL and the federal
databases checked by the Federal Bureau of Investigation for purposes of conducting background checks for firearm
purchases or transfers.
By establishing SBI as the point of contact for all firearm purchases or transfers in this State, SBI becomes
responsible for determining if a potential buyer or transferee is prohibited from receipt or possession of a firearm under §
1448 of Title 11 of the Delaware Code or federal law. This enables SBI to search other databases in addition to relying on
the required NICS check, enhancing background checks conducted in this State.
This Act enables firearms dealers who suspect a straw purchase has or is occurring to notify SBI using the same
hotline that is established for background checks through FTAP.
This could be a step forward as Delaware was not reporting much info to NCIS anyway...
http://deccw.com/index.php?topic=6013.0 (http://deccw.com/index.php?topic=6013.0)
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My concern would be that if DSP took it over the system wouldn't be as automated as the federal system and additional time would be added to getting an approval. Sounds like they might be doing an end run to force an increased time, maybe days, in providing an approval.
It also provides the state with a way to track purchases which is sorta, kinda like a register. I seem to recall that in years past they got their pee pee slapped when it was discovered they were collecting and illegaly storing this information.
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Well in reading it, it gives them 25 days to render a decision to approve the transfer. (SAME as it is now)
They can maintain records for 6 mos. Yes, they were spanked before for retaining records. DSSA said they'd FOIA requests to keep tabs on that.
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They didn’t get slapped at all for retaining information. No one went to jail and no one even got fired.
Can we trust a FOIA request? Unless those in power are subject to a perjury charge or an Official Misconduct arrest, we might never know the truth.