Signed by Governor Jack Markell

Vote Smart's Synopsis:

Vote to pass a bill that requires an individual to undergo a criminal background check prior to the purchase or transfer of a firearm from an unlicensed seller, effective July 1, 2013.

Highlights:

• Requires an individual to undergo a criminal background check to be administered by a licensed firearms seller prior to the purchase or “transfer” of a firearm from an “unlicensed individual” (Sec. 1).

• Defines “transfer” as assigning, pledging, leasing, loaning, giving away, or otherwise disposing of a firearm, but excludes certain instances including, but not limited to, the following situations (Sec. 1):
• The firearm is transferred to an individual personally known by the owner for no more than 14 days;
• The firearm is transferred to an individual with the continuous presence of the firearm owner of the firearm for no more than 24 hours; and 
• The firearm is transferred due to the death of the firearm owner.

• Defines “unlicensed individual” as an individual who is not a licensed importer, manufacturer or firearms dealer (Sec. 1).  

• Prohibits the State from establishing any system for the registration of firearms, firearm owners, or firearm transactions, except with the respect to individuals prohibited from receiving a firearm (Sec. 9).

• Exempts an individual from undergoing a criminal background check in certain firearm sales or transfers from an unlicensed seller including, but not limited to, the following firearm sales and transfers (Sec. 1):
• The transfer or sale between immediate family members; 
• The transfer of firearms manufactured in or before 1898; 
• The transfer or sale involving a qualified active duty or retired-law enforcement officer;
• The transfer or sale involving an individual who holds a current and valid concealed carry permit; or
• The transfer or sale to an authorized representative of the State or any subdivision as part of an authorized voluntary gun buyback program.

• Requires licensed firearm dealers to maintain privately held records of criminal backgrounds checks that are conducted (Sec. 7 & 9). 

• Authorizes the State to have access to the records in certain situations including, but not limiting to, during open criminal investigations and during the course of a criminal prosecution (Sec. 8). 

• Classifies a violation of the provisions in this bill as a Class A misdemeanor offense and any subsequent offense as a class G felony (Sec. 1). 

• Increases the fee per criminal history check from not more than $20 each to not more than $30 each (Sec. 9).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that requires an individual to undergo a criminal background check prior to the purchase or transfer of a firearm from an unlicensed seller, effective July 1, 2013.

Highlights:

• Requires an individual to undergo a criminal background check to be administered by a licensed firearms seller prior to the purchase or “transfer” of a firearm from an “unlicensed individual” (Sec. 1).

• Defines “transfer” as assigning, pledging, leasing, loaning, giving away, or otherwise disposing of a firearm, but excludes certain instances including, but not limited to, the following situations (Sec. 1):
• The firearm is transferred to an individual personally known by the owner for no more than 14 days;
• The firearm is transferred to an individual with the continuous presence of the firearm owner of the firearm for no more than 24 hours; and 
• The firearm is transferred due to the death of the firearm owner.

• Defines “unlicensed individual” as an individual who is not a licensed importer, manufacturer or firearms dealer (Sec. 1).  

• Prohibits the State from establishing any system for the registration of firearms, firearm owners, or firearm transactions, except with the respect to individuals prohibited from receiving a firearm (Sec. 9).

• Exempts an individual from undergoing a criminal background check in certain firearm sales or transfers from an unlicensed seller including, but not limited to, the following firearm sales and transfers (Sec. 1):
• The transfer or sale between immediate family members; 
• The transfer of firearms manufactured in or before 1898; 
• The transfer or sale involving a qualified active duty or retired-law enforcement officer;
• The transfer or sale involving an individual who holds a current and valid concealed carry permit; or
• The transfer or sale to an authorized representative of the State or any subdivision as part of an authorized voluntary gun buyback program.

• Requires licensed firearm dealers to maintain privately held records of criminal backgrounds checks that are conducted (Sec. 7 & 9). 

• Authorizes the State to have access to the records in certain situations including, but not limiting to, during open criminal investigations and during the course of a criminal prosecution (Sec. 8). 

• Classifies a violation of the provisions in this bill as a Class A misdemeanor offense and any subsequent offense as a class G felony (Sec. 1). 

• Increases the fee per criminal history check from not more than $20 each to not more than $30 each (Sec. 9).

Full Bill Text