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Legislation Document
SPONSOR:
Rep. Gorman
HOUSE OF REPRESENTATIVES
153rd GENERAL ASSEMBLY
HOUSE AMENDMENT NO. 15
TO
SENATE SUBSTITUTE NO. 1
FOR
SENATE BILL NO. 300
AMEND Senate Substitute No. 1 for Senate Bill No. 300, as amended, on line 18 by inserting the following after the period therein: “
“Firearm” does not include any of the following:
a. An antique firearm, as defined under 18 U.S.C. § 921.
b. A maritime flare gun. A “maritime flare gun” means a handheld nautical pyrotechnic emergency signaling device of the type required by the U.S. Coast Guard.
c. Construction tools such as powder-actuated concrete or steel hammer tools or powder-actuated fastening tools.
”.
FURTHER AMEND Senate Substitute No. 1 for Senate Bill No. 300, as amended, by deleting lines 40-41 in their entirety and inserting in lieu thereof the following: “
(23) “Transfer” means as defined under § 1448B of Title 11.
”.
FURTHER AMEND Senate Substitute No. 1 for Senate Bill No. 300, as amended, by deleting line 74 in its entirety.
FURTHER AMEND Senate Substitute No. 1 for Senate Bill No. 300, as amended, on line 76 by deleting the following: “
The results of each background check must be provided to the DSP.
”.
FURTHER AMEND Senate Substitute No. 1 for Senate Bill No. 300, as amended, by deleting line 100 in its entirety and redesignating accordingly.
FURTHER AMEND Senate Substitute No. 1 for Senate Bill No. 300, as amended, by deleting line 112 in its entirety and redesignating accordingly.
FURTHER AMEND Senate Substitute No. 1 for Senate Bill No. 300, as amended, on line 146 by deleting the following: “
The results of each background check must be provided to the DSP.
”.
FURTHER AMEND Senate Substitute No. 1 for Senate Bill No. 300, as amended, by deleting line 179 in its entirety and inserting in lieu thereof the following:
“
(b) A licensee shall do 1 of the following:
(1) Post at the business location the licensee’s business hours or that business hours are by appointment.
(2) Report business hours or that business hours are by appointment to the DSP.
”
.
FURTHER AMEND Senate Substitute No. 1 for Senate Bill No. 300, as amended, on line 181 by deleting “
posted business hours.
” and inserting the following in lieu thereof: “
posted or reported business hours, or during an appointment.
”.
FURTHER AMEND Senate Substitute No. 1 for Senate Bill No. 300, as amended, by deleting lines 182-185 in their entirety and inserting in lieu thereof the following:
“
(d)(1) A licensee may participate in and temporarily conduct business in this State at a location differing from the licensee’s business location and at times differing from posted or reported business hours during a commercially sponsored gun show, sportsmen’s show, outdoor show, or similar event, which are either sponsored by the licensee or for which the licensee pays a fee to the operator for the privilege of participating and conducting business at that event. A licensee may also participate in and conduct business during a gun show or similar event conducted by Delaware volunteer fire companies, veterans’ organizations, and other non-profit fraternal organizations.
”.
FURTHER AMEND Senate Substitute No. 1 for Senate Bill No. 300, as amended, by deleting lines 200-203 in their entirety and inserting in lieu thereof the following:
“
(2) In lieu of the recording requirements in paragraphs (b)(1)a. through (b)(1)d. of this section, a licensee whose business location is also a residential dwelling or a licensee that sells or transfers on average 50 or fewer firearms per calendar year is required to ensure that the digital surveillance system records the business interaction occurring within the business location any time the licensee:
a. Sells or transfers a firearm.
b. Attempts to sell or transfer a firearm.
c. Is otherwise interacting with a customer.
”.
FURTHER AMEND Senate Substitute No. 1 for Senate Bill No. 300, as amended, by deleting lines 219-220 in their entirety and inserting in lieu thereof the following:
“
(d)(1) The DSP shall consider industry standards and best practices when adopting regulations under subsection (c) of this section.
(2) The DSP shall engage stakeholders, national and Delaware associations, and advocacy groups with knowledge and expertise to develop and implement best practice guidance related to preventing straw purchases and retail theft.
”.
FURTHER AMEND Senate Substitute No. 1 for Senate Bill No. 300, as amended, by inserting after line 234 and before line 235 the following:
“
d. As needed to defend against or to pursue a lawsuit or other legal action.
”.
FURTHER AMEND Senate Substitute No. 1 for Senate Bill No. 300, as amended, on line 278 by deleting “
backup
” and inserting in lieu thereof “
back up
”.
FURTHER AMEND Senate Substitute No. 1 for Senate Bill No. 300, as amended, on line 284 by inserting a comma after “
individual
” and before “
responsible
”.
FURTHER AMEND Senate Substitute No. 1 for Senate Bill No. 300, as amended, on line 354 by deleting “
21
” and inserting in lieu thereof: “
18
”.
FURTHER AMEND Senate Substitute No. 1 for Senate Bill No. 300, as amended, on line 376 by deleting “
1,000
” and inserting in lieu thereof: “
500
”.
FURTHER AMEND Senate Substitute No. 1 for Senate Bill No. 300, as amended, by inserting after line 376 and before line 377 the following and redesignating accordingly:
“
c. Suspend the licensee’s state license for a period not to exceed 6 months.
”.
FURTHER AMEND Senate Substitute No. 1 for Senate Bill No. 300, as amended, on line 378 by inserting the following after “
penalty
” and before “
or
” therein: “
, deny a license, suspend a license,
”.
FURTHER AMEND Senate Substitute No. 1 for Senate Bill No. 300, as amended, on line 389 by deleting “
The DSP may adopt rules and regulations
” and inserting the following in lieu thereof: “
The DSP shall promulgate regulations in accordance with the Administrative Procedures Act, Chapter 101 of Title 29
”.
FURTHER AMEND Senate Substitute No 1 for Senate Bill No. 300, as amended, by deleting line 398 in its entirety and inserting the following in lieu thereof:
“
e. The number of licenses suspended, and the number of licenses revoked, and the basis for each suspension or each revocation.
”.
FURTHER AMEND Senate Substitute No. 1 for Senate Bill No. 300, as amended, by inserting after line 407 and before line 408 the following:
“
n. The total number of licenses that are not renewed excluding licenses that have been revoked or suspended.
”.
FURTHER AMEND Senate Substitute No. 1 for Senate Bill No. 300, as amended, by inserting after line 420 and before line 421 the following
“
(e)
Except in accordance with judicial order or as otherwise provided by law
, all documents, data, images, information, reports, and correspondence, and the information within, that are created, transmitted, received, stored, or maintained by DSP or the DOJ in accordance with this chapter are confidential
and may not be disclosed or made known to any unauthorized person.
”.
FURTHER AMEND Senate Substitute No. 1 for Senate Bill No. 300, as amended, on line 425 by deleting “
posted business hours
” and inserting the following in lieu thereof: “
posted or reported business hours, or the hours of operation provided by the licensee in that licensee’s FFL application
”.
FURTHER AMEND Senate Substitute No. 1 for Senate Bill No. 300, as amended, by inserting after line 427 and before line 428 the following:
“
(d) A licensee shall allow the DSP to perform an inspection under this section.
”.
FURTHER AMEND Senate Substitute No. 1 for Senate Bill No. 300, as amended, on line 433 by deleting “
the provision of
”.
FURTHER AMEND Senate Substitute No. 1 for Senate Bill No. 300, as amended, on line 458 by inserting the following after “chapter” and before “shall” therein: “
or Chapter 9B of this title
”.
FURTHER AMEND Senate Substitute No. 1 for Senate Bill No. 300, as amended, on line 459 by inserting the following after “section” and before “and” therein: “
, or Chapter 9B of this title, if required,
”.
FURTHER AMEND Senate Substitute No. 1 for Senate Bill No. 300, as amended, by deleting lines 489-493 in their entirety and inserting in lieu thereof the following:
“(c) Nothing in this section, or any other section of
the
this
Code, authorizes or permits the State or any agency, department, or instrumentality thereof to establish any system for the registration of
firearms,
firearm owners
, or firearm transactions or dispositions
, except with respect to persons prohibited from receiving a firearm under Chapter 5 of Title 11. Any such system of registration is expressly prohibited.
Firearm owner information in the custody of a firearm dealer does not constitute a registry under this subsection.
”.
SYNOPSIS
This House Amendment for Senate Substitute No. 1 for Senate Bill No. 300 incorporates feedback received from legislators and stakeholders, as well as makes technical corrections.