Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

DE BACKGROUND CHECKS for SALE/TRANSFER OF FIREARMS (amended)
Delaware General Assembly ^ | 04/18/2013 | Delaware Legislature

Posted on 04/20/2013 8:30:58 PM PDT by imardmd1

Federally licensed firearms dealers (FFLs) are required to perform criminal history background checks on prospective firearms purchasers. However, when the sale or transfer of a firearm does not involve a licensed dealer, no background check is required. This is an enormous loophole—one in which convicted felons, minors and other prohibited purchasers can readily avoid background checks and more easily acquire guns.

This bill would require that a criminal history background check be performed in connection with the sale or transfer of all firearms, with a few exceptions noted below. Background checks would be performed by licensed firearms dealers, who are already required to conduct a background check whenever they sell a firearm or when requested by private parties. Dealers would be required to maintain records of such background checks in accordance with state and federal law.

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.


TOPICS: Government; News/Current Events
KEYWORDS: backgroundchecks; banglist; guncontrol; gunownership; privacy; privatesale; secondamendment
What the U. S. Senate denied, State of Delaware passes
1 posted on 04/20/2013 8:30:58 PM PDT by imardmd1
[ Post Reply | Private Reply | View Replies]

To: imardmd1

The low tier buffoons in the states are trying to trample the Second Amendment. They think they can get away with it. I see a lot of lawsuit once all the dust settles. They should be indicted for violating the Bill of Rights.


2 posted on 04/20/2013 8:33:49 PM PDT by FlingWingFlyer (The Amnesty Bill - 800 pages filled with 400 waivers and exemptions for illegal aliens.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: imardmd1

Its the northern-mid East coast! Look at Maryland.

And no PA is not a conservative state/.


3 posted on 04/20/2013 8:34:16 PM PDT by sickoflibs (To GOP : Any path to US citizenship IS putting them ahead in line. Stop lying about your position.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: imardmd1
Photo & Video Sharing by SmugMug
4 posted on 04/20/2013 8:39:33 PM PDT by SWAMPSNIPER (The Second Amendment, a Matter of Fact, Not a Matter of Opinion)
[ Post Reply | Private Reply | To 1 | View Replies]

To: imardmd1

DE is a freaking cesspool. I live here and the stench is overpowering. By the way, “Republicans” in this state are the problem. Mike Castle’s legacy lives on.


5 posted on 04/20/2013 8:40:47 PM PDT by outofstyle (Down All the Days)
[ Post Reply | Private Reply | To 1 | View Replies]

To: imardmd1
Delaware Family Policy Council organized an Action Day last Thursday, 12 to 5 pm at the Legislative Hall, Dover, Delaware, to protest the House Bill 75, an Act to repeal the prohibition on same-gender marriage that was enacted in 1996. Because of the large attendance flooding the Hall to see their various representatives, voting on this act which was under consideration was postponed.

But right under our noses, while we conservatives were there protesting one bill, the Senate conclusively passed into Law another Act to burden private gun sales with the necessity for background checks to be conducted, thus further infringing our rights to privacy in personal transactions.

What a shame to be there yet see no gun enthusiasts protesting that day.

Just an observation -- There are so many corrupting activities going on in government that you just cannot keep track of them all. To focus on one only distracts you from objecting to other infringements being concurrently sought by the corrupters.

6 posted on 04/20/2013 8:55:35 PM PDT by imardmd1
[ Post Reply | Private Reply | To 1 | View Replies]

To: imardmd1
Bullshi#t! Please see Table 8 to see where criminals get their firearms. It is not form gun shows!

http://bjs.gov/content/pub/pdf/fuo.pdf

7 posted on 04/20/2013 9:01:22 PM PDT by Robert357 (D.Rather "Hoist with his own petard!" www.freerepublic.com/focus/f-news/1223916/posts)
[ Post Reply | Private Reply | To 1 | View Replies]

To: imardmd1

If you want to buy de firearm, you have to have de background check?


8 posted on 04/20/2013 9:15:08 PM PDT by Verginius Rufus
[ Post Reply | Private Reply | To 1 | View Replies]

To: imardmd1
The state is so blue, with the union DemocRats controlling everything, conservatives don't have a chance. Debating these idiots is useless. They control the government and the State. And that's the way they want it regardless of diminishing rights. They wont change til the SHTF.
9 posted on 04/20/2013 9:22:52 PM PDT by deweyfrank
[ Post Reply | Private Reply | To 1 | View Replies]

To: Verginius Rufus

Before this new law, you needed a background check to buy from a dealer.


10 posted on 04/20/2013 9:27:31 PM PDT by deweyfrank
[ Post Reply | Private Reply | To 8 | View Replies]

To: Verginius Rufus
If you want to buy de firearm, you have to have de background check?

Everything is in the synopsis given, to wit:

"Background checks would be performed by licensed firearms dealers, who are already required to conduct a background check whenever they sell a firearm or when requested by private parties."

Yes, a Delaware dealer, with no doubt a hefty fee.

11 posted on 04/20/2013 10:26:10 PM PDT by imardmd1
[ Post Reply | Private Reply | To 8 | View Replies]

To: imardmd1

Well, this law will fix everything. Now criminals know that they have to undergo a background check when they want to buy a gun from their favorite street dealer.

Brought to you by the people who kept electing joe biden to the senate.

Morons.


12 posted on 04/20/2013 11:31:47 PM PDT by 43north (BHO: 50% black, 50% white, 100% RED)
[ Post Reply | Private Reply | To 1 | View Replies]

To: imardmd1

but no backgroudn checks for ILLEGAL IMigrants to vote- heck no!


13 posted on 04/20/2013 11:53:11 PM PDT by CottShop (Scientific belief does not constitute scientific evidence, nor does it convey scientific knowledge)
[ Post Reply | Private Reply | To 1 | View Replies]

To: outofstyle

Agreed! The Whigs in DE have only one interest - LOSING elections. They even voted for an avowed Marxist rather than a Conservative.

As for this bill, there is no enforcement mechanism. So, if you want a gun bad enough, you can still get one, easily. Nor is there any way to know what or when transactions take place.


14 posted on 04/21/2013 12:33:33 AM PDT by NTHockey (Rules of engagement #1: Take no prisoners)
[ Post Reply | Private Reply | To 5 | View Replies]

To: Robert357

EXACTLY... I went to a gun show here in Arizona with a friend, he wanted a new pistol, cant remember off hand what the gun was, but seems like a Taurus 5 shot pistol that shoots a .410 shotgun shell or a .45 round, well we walked around and he compared a few, found the best price, said he wanted it and filled out a background check and was denied that day and told they would have to make a call on Monday and should have an answer for him in 7 days... Next day he sends me a pic of the gun on his coffee table, I said wow I thought it was going to take 7 days? He said no he found it cheaper at some other store locally and his daughter filled out the background check paperwork instead. Then, after buying a fishing liscense with her correct current address since her drivers liscence was a previous address, she walked out with the gun. Legally it’s her gun, but she lives in the same house as him, so, who’s gun is it??


15 posted on 04/21/2013 1:00:59 AM PDT by AzNASCARfan
[ Post Reply | Private Reply | To 7 | View Replies]

To: AzNASCARfan

Its none of my business who’s gun it is!


16 posted on 04/21/2013 5:03:09 AM PDT by southernerwithanattitude (New and Improved Redneck!)
[ Post Reply | Private Reply | To 15 | View Replies]

To: imardmd1
Does the Second Amendment restrain a state government from taking rights away from its citizens?
17 posted on 04/21/2013 11:37:44 AM PDT by Verginius Rufus
[ Post Reply | Private Reply | To 1 | View Replies]

To: imardmd1

I was just playing with the fact that (because the headline was in all caps) the abbreviation for Delaware looks like the word “the” as pronounced by someone who has trouble with the “th” sound (or just finds it easier to pronounce it as a “d” as in “da Bears”).


18 posted on 04/21/2013 11:40:51 AM PDT by Verginius Rufus
[ Post Reply | Private Reply | To 11 | View Replies]

To: Verginius Rufus

Sorry — you got me on that! I guess some days I’m more dense than other days, and today I forgot to strap on my sense of humor, too. But I was so burned up about this background check on private sales, and found out that the newly elected State Senator from Lewes voted “yea” to support it that I’m just beside myself — one more RINO — no laffs in that, either —


19 posted on 04/21/2013 2:30:00 PM PDT by imardmd1
[ Post Reply | Private Reply | To 18 | View Replies]

To: Verginius Rufus
Does the Second Amendment restrain a state government from taking rights away from its citizens?

I woulda thought so, but I'm a scientist, not a lawyer. Their minds are so bent that you can never know what they come up with. I suggest reading through the Wiki analysis on McDonald v. Chicago, where they gave states a lot of room to restrict gun purchase, and possession outside the home.

20 posted on 04/21/2013 2:49:53 PM PDT by imardmd1 (An armed society is a polite society -- but dangerous for the fool --)
[ Post Reply | Private Reply | To 17 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson