The House of Representatives on Thursday evening approved an amended version of a closely contested bill regulating firearms dealers, with supporters and opponents alike describing the measure as an imperfect but meaningful compromise.
Senate Substitute 1 for Senate Bill 300 (as amended), sponsored by Senate President Pro Tem David Sokola (D-Newark), would require anyone engaging in the sale or transfer of guns, including pawnbrokers and Federal Firearms License holders (FFLs), to obtain a new state firearms dealer license.
In its original form, the bill sought to impose a long list of requirements on dealers, including the installation of video surveillance systems to capture the identities of buyers and sellers, and the maintenance of a book or database containing the names and addresses of buyers, the firearms they purchased, and their serial numbers.
Supporters of the measure claimed that federal supervision of firearms dealers is lacking and that stronger regulations and oversight on the state level are needed to reduce the number of guns acquired by criminals.
Opponents, like State Rep. Jeff Spiegelman (R-Townsend, Smyrna, Clayton), in photo, said that the original draft of SB 300 was an overreach to the point of being coercive. He said a similar statute enacted in Illinois led to about half of the state’s federally licensed firearms dealers leaving the business.
In a statement sent to members of the Delaware State Sportsmen’s Association (DSSA), President Jeff Hague said the original proposal was an attack on the state constitutional right of all Delawareans to keep and bear arms for lawful purposes and “to register every firearm purchase.”
The House sponsor of the bill, State Rep. Mara Gorman (D-Newark), worked with Rep. Spiegelman and firearm rights advocates to craft a compromise. The result of those talks led to two amendments, including the following changes:
- The requirement for smaller firearms dealers and those working out of their homes to record video of their customers has been scaled back.
- A provision has been added to expand opportunities for licensed dealers to participate in gun shows, sportsman shows, outdoor shows, or similar events.
- The bill now mandates that the Delaware State Police (DSP) follow the Administrative Procedures Act when creating regulations to implement the legislation. The DSP will be required to engage with stakeholders, advocacy groups, and those with knowledge and expertise to develop ‘best-practice’ guidance relating to reducing straw purchases and theft.
- The minimum age requirement for employees, contractors, or volunteers to perform certain duties for licensed firearms dealers was reduced from 21 to 18.
- The minimum civil penalty for subsequent violations of the law has been reduced by more than half.
- All documents, data, images, and other information created or maintained by the Delaware State Police or the Department of Justice under the bill are confidential and may not be disclosed to any unauthorized person.
- The legislation now clarifies the prohibition on creating a firearms registry and does not allow any system of registration for firearm owners except for persons prohibited from receiving a firearm. It also specifies that firearm owner information held by a firearms dealer does not constitute a registry.
- Those holding Delaware Concealed Carry Permits are exempt from obtaining the initial background checks required under the bill.
Rep. Spiegelman praised Rep. Gorman for her engagement and willingness to address concerns expressed about that original bill. While he was still not entirely happy with the legislation, he said it was a much better measure than it had been initially.
“Stopping straw purchases, stopping guns (from getting) in the hands of bad guys, is not a pro-Second Amendment versus anti-Second Amendment thought,” Rep. Spiegelman said. “It’s a universal thought. We all agree with that. We agree that there should be a best practices approach. We’re just not sure that this particular way of doing it is the best way of doing it.”
The bill now heads back to the Senate, where it is expected to pass on the last day of the legislative session on Tuesday.
