Delaware 151st General Assembly (2021-2022) Status: Passed Senate 13 D cosponsors

SB 3 — AN ACT TO AMEND TITLE 11 AND TITLE 24 OF THE DELAWARE CODE RELATING TO DEADLY WEAPONS.

Last action — Amendment HA 1 to SS 1 - Introduced and Placed With Bill

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 151st General Assembly (2021-2022). It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

This Substitute amends Senate Bill No. 3 by doing the following: (1) Prohibiting the Department of Safety and Homeland Security (“Department”) from retaining a record, data, information, or a report related to the transfer of a handgun for longer than 2 years, except in furtherance of an open criminal investigation or during the course of a criminal prosecution. (2) Redrafting § 1448D(e) of Title 11 to cite to the grounds on which a person is a person prohibited under § 1448 of Title 11, rather than repeating them in § 1448D(e) of Title 11 and potentially create unintentional differences. (3) Making clear that a decision by the Justice of the Peace Court on the denial or revocation of a handgun qualified purchaser card by the Department may be appealed to the Superior Court for a hearing de novo. (4) Delaying the implementation of the requirement to obtain a handgun qualified purchaser card until the Department is ready to implement § 1448D of Title 11 or 18 months from the date of enactment, whichever comes first. Like Senate Bill No. 3, this Substitute does all of the following: (1) Creates an application process to obtain a handgun qualified purchaser card to authorize the purchase of a handgun. While an applicant will incur costs related to fingerprinting and required training, a fee will not be charged to obtain the permit. (2) Requires licensed importers, manufacturers, or dealers, as well as unlicensed persons, to require an individual to present the individual's handgun qualified purchaser card before selling or transferring a firearm to an individual. (3) Requires that an applicant complete a firearms training course within 5 years before the date of application, similar to what is required by Delaware’s concealed carry permit law. An individual licensed to carry a concealed deadly weapon is exempt from this requirement as they must already complete a firearms training course to be licensed. (4) Sends to law-enforcement information that is already collected at the time of sale and required under federal law to be made available to law-enforcement. This change assists law-enforcement in the criminal investigations they already conduct. (5) Makes clear that § 904A of Title 24 is not intended to prohibit law-enforcement officials from keeping records of sales and transfers of firearms for their use during criminal investigations or prosecutions. (6) Makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

Bill Text

How this bill changes current law

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AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill establishes a handgun qualified purchaser card requirement, outlining the application process, eligibility criteria, and reporting obligations for the Secretary of the Department of Safety and Homeland Security.

  • § 1448D

    A handgun qualified purchaser card is required to purchase handguns.

    Introduces a requirement for individuals to obtain a handgun qualified purchaser card before buying handguns.

  • § 1448D(b)

    The Secretary shall, upon application, issue to a person qualified under subsection (e) of this section a handgun qualified purchaser card. → The Secretary shall, upon application, issue to a person qualified under subsection (e) of this section a handgun qualified purchaser card.

    Confirms that the Secretary is responsible for issuing the handgun qualified purchaser card.

  • § 1448D(e)

    Except as otherwise provided under this chapter, the Secretary may not issue a handgun qualified purchaser card to any of the following:

    Defines criteria under which the Secretary cannot issue a handgun qualified purchaser card.

  • § 1448D(e)

    A person under the age of 21.

    Prohibits individuals under 21 from obtaining a handgun qualified purchaser card.

  • § 1448D(e)

    A person who is prohibited from purchasing, owning, possessing, or controlling a deadly weapon under § 1448(a) and (d) of this title.

    Excludes individuals prohibited under existing law from obtaining the card.

  • § 1448D(e)

    A person who poses a danger of causing physical injury to self or others by owning, purchasing, or possessing firearms.

    Adds a criterion to prohibit issuance of the card to individuals deemed dangerous.

  • § 1448D(e)

    A person who has not completed a firearms training course in the past 5 years.

    Requires completion of a firearms training course as a condition for card issuance.

  • § 1448D(e)(4)

    This paragraph does not apply to a person who holds a valid license to carry a concealed deadly weapon.

    Exempts holders of a concealed carry license from the training requirement for the card.

  • § 1448D(g)

    If the Secretary determines that a person does not qualify for a handgun qualified purchaser card, the Secretary shall deny the application and notify the person in a writing setting forth the specific reasons for the determination. → If the Secretary determines that a person does not qualify for a handgun qualified purchaser card, the Secretary shall deny the application and notify the person in writing.

    Clarifies the process for notifying applicants whose card applications are denied.

  • § 1448D(k)

    A person aggrieved by the denial or revocation of a handgun qualified purchaser card may request a hearing in the Justice of the Peace Court.

    Establishes a legal process for individuals to appeal denials or revocations of the card.

  • § 1448D(l)

    Not later than [1 year after the implementation date of § 1448D] the Secretary shall submit to the House and Senate committees on the Judiciary a report that includes....

    Mandates annual reporting by the Secretary regarding the issuance and revocation of purchaser cards.

  • § 1448E(a)

    A transferor who sells, transfers, or delivers a handgun.... shall submit to the Department a copy of the federal firearms transaction record....

    Imposes a requirement for transferors to report handgun transactions to the Department.

  • § 1448E(b)

    For all purchases.... the transferor must include on the record the identification number of the handgun qualified purchaser card.

    Ensures tracking of handgun transactions through qualified purchaser card identification.

  • § 1448E(c)

    The transferor shall retain a copy of all records for all handguns sold....

    Requires transferors to maintain records of all handgun transactions.

Action History

  1. Amendment HA 1 to SS 1 - Introduced and Placed With Bill

  2. Assigned to Appropriations Committee in House

  3. Reported Out of Committee (Judiciary) in House with 4 On Its Merits, 2 Unfavorable

  4. Assigned to Judiciary Committee in House

  5. Passed By Senate. Votes: 13 YES 8 NO

  6. was introduced and adopted in lieu of SB 3

Sponsors

Sponsorship breakdown

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6 sponsors · 15 co-sponsors · 41 not signed on · 8 voted No

Sponsors (6)

Co-sponsors (15)

Not signed on (41)

41 members have not signed on to this bill.

Show all 41 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

SM

Passed 13 Yea · 8 Nay
Party YeaNayPresentNot Voting
Unaffiliated 2300
Democratic 11000
Republican 0500
Total 13800
% of votes cast 62%38%0%0%
How each member voted (21)
Member Party Vote
Bruce C. Ennis — Nay
Colin Bonini — Nay
Ernesto B Lopez — Nay
Kyle Evans Gay — Yea
Sarah McBride — Yea
Bryan Townsend Democratic Yea
Darius J. Brown Democratic Yea
David P. Sokola Democratic Yea
John "Jack" Walsh Democratic Yea
Laura V. Sturgeon Democratic Yea
Marie Pinkney Democratic Yea
Nicole Poore Democratic Yea
S. Elizabeth Lockman Democratic Yea
Spiros Mantzavinos Democratic Yea
Stephanie L. Hansen Democratic Yea
Trey Paradee Democratic Yea
Brian Pettyjohn Republican Nay
Bryant L. Richardson Republican Nay
Dave G. Lawson Republican Nay
David L. Wilson Republican Nay
Gerald W. Hocker Republican Nay

Official roll call →

Subjects

public-safety civil-rights
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Frequently asked questions

What does SB 3 do?
This Substitute amends Senate Bill No. 3 by doing the following: (1) Prohibiting the Department of Safety and Homeland Security (“Department”) from retaining a record, data, information, or a report related to the transfer of a handgun for longer than 2 years, except in furtherance of an open criminal investigation or during the course of a criminal prosecution. (2) Redrafting § 1448D(e) of Title 11 to cite to the grounds on which a person is a person prohibited under § 1448 of Title 11, rather than repeating them in § 1448D(e) of Title 11 and potentially create unintentional differences. (3) Making clear that a decision by the Justice of the Peace Court on the denial or revocation of a handgun qualified purchaser card by the Department may be appealed to the Superior Court for a hearing de novo. (4) Delaying the implementation of the requirement to obtain a handgun qualified purchaser card until the Department is ready to implement § 1448D of Title 11 or 18 months from the date of enactment, whichever comes first. Like Senate Bill No. 3, this Substitute does all of the following: (1) Creates an application process to obtain a handgun qualified purchaser card to authorize the purchase of a handgun. While an applicant will incur costs related to fingerprinting and required training, a fee will not be charged to obtain the permit. (2) Requires licensed importers, manufacturers, or dealers, as well as unlicensed persons, to require an individual to present the individual's handgun qualified purchaser card before selling or transferring a firearm to an individual. (3) Requires that an applicant complete a firearms training course within 5 years before the date of application, similar to what is required by Delaware’s concealed carry permit law. An individual licensed to carry a concealed deadly weapon is exempt from this requirement as they must already complete a firearms training course to be licensed. (4) Sends to law-enforcement information that is already collected at the time of sale and required under federal law to be made available to law-enforcement. This change assists law-enforcement in the criminal investigations they already conduct. (5) Makes clear that § 904A of Title 24 is not intended to prohibit law-enforcement officials from keeping records of sales and transfers of firearms for their use during criminal investigations or prosecutions. (6) Makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
Who sponsors SB 3?
SB 3 is sponsored by Kyle Evans Gay, S. Elizabeth Lockman (Democratic), Bryan Townsend (Democratic), Marie Pinkney (Democratic), Laura V. Sturgeon (Democratic), Stephanie L. Hansen (Democratic), David P. Sokola (Democratic), Nnamdi O. Chukwuocha (Democratic), Krista Griffith (Democratic), Debra Heffernan (Democratic), Sean M. Lynn (Democratic), Melissa Minor-Brown (Democratic), Eric Morrison (Democratic), Madinah Wilson-Anton (Democratic), John A. Kowalko, Charles "Bud" M. Freel, David Bentz, Paul S. Baumbach, Sarah McBride, Valerie Longhurst, and Sherry Dorsey Walker.
What is the current status of SB 3?
This bill died with 151st General Assembly (2021-2022). It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 3?
Track SB 3 free on One Click Politics — get push/email alerts when it moves.

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