SPONSOR:	Sen. Marshall & Rep. Osienski
	Sens. Blevins, Hall-Long, Henry, McBride, McDowell, Peterson, Poore, Sokola, Townsend; Reps. Baumbach, Bolden

DELAWARE STATE SENATE 148th GENERAL ASSEMBLY

SENATE BILL NO. 287

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO CRIMES AND A PROHIBITION ON THE SALE OF FIRARMS TO PERSONS WHO POSE A TERRORISM THREAT.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1.  Amend Chapter V, Section 1448A, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows: 

(a)     No licensed importer, licensed manufacturer or licensed dealer shall sell, transfer or deliver from inventory

any firearm, as defined in §222 of this title, to any other person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, without conducting a criminal history background check in accordance with regulations promulgated by the United States Department of Justice pursuant to the National Instant Criminal Background Check System ("NICS"), 28 C.F.R. §§25.1-25.11, as the same may be amended from time to time, to determine whether the transfer of a firearm to any person who is not licensed under 18 U.S.C. §923 would be in violation of federal or state law.  No licensed importer, licensedmanufacturer or licensed dealer shall sell, transfer or deliver from inventory any firearm, as defined in §222 of this title, to any person who is on the Federal Government's terrorist watch list or the Federal Government's no-fly list, or on any other list used by the Transportation Security Administration for purposes of identifying individuals who are prohibited from boarding aircraft because they pose a threat of terrorism, subject to the Federal Government affording access to the lists.

SYNOPSIS

This Act prohibits the sale, transfer, or delivery of a firearm to any person on the Federal Government's terrorist watch list or the Federal Government's no-fly list, or on any other list used by the Transportation Security Administration for purposes of identifying individuals who are prohibited from boarding aircraft because they pose a threat of terrorism.

Author:Senator Marshall