AN ACT TO AMEND TITLES 11 AND 24 OF THE DELAWARE CODE RELATING TO FIREARMS.

Buyers must now review and sign the Firearm Responsibilities Notice itself rather than signing a separate form acknowledging receipt of the notice. This simplifies the process by eliminating the two-document approach.

New Section 904A requires licensed dealers to facilitate firearm transfers between unlicensed persons, subjecting the buyer to a background check under Title 11, requiring them to review and sign the Firearm Responsibilities Notice, and maintaining records of these transactions.

Deadly weapons dealers must now keep records including date of sale, purchaser name and address, quantity and kind of weapon, age of purchaser, mode of identification, a copy of the signed Firearm Responsibilities Notice, and any other information required by federal law. Records must be securely maintained at the place of business.

DSHS must annually consult with the Department of Justice and other stakeholders on revisions to the Firearm Responsibilities Notice, publish proposed revisions in the Register of Regulations with a means for public comment, post the notice to its website, and provide it free of charge to all licensed importers, manufacturers, and dealers.

New Section 907 specifies that the Department of Safety and Homeland Security must publish a Firearm Responsibilities Notice in plain language covering: lost/stolen firearm reporting, straw purchase penalties and examples, lawful transfer steps, false statement crimes, firearm safety, suicide prevention (including national hotline), safe storage and child access prevention laws, and restrictions on firearms in sensitive locations.

Record inspections are now restricted: they may only be made pursuant to an open criminal investigation, during criminal prosecution, a valid warrant or subpoena from a court of competent jurisdiction, or a valid investigative subpoena issued by the Attorney General. This limits broad access to dealer records.

New penalty structure: Section 905 (effective until Aug 15, 2025) sets a maximum fine of $250 or 6 months imprisonment for chapter violations. Section 906 (effective Aug 15, 2025) raises the maximum fine to $500 for violations of specific sections including records and background check requirements.

The effective date was changed from being tied to publication of a final notice in the Register of Regulations to a fixed 180 days after enactment. A new Section 4 requires DSHS to conduct outreach to licensed dealers before the effective date to inform them of the requirements.

Signed Firearm Responsibilities Notices must be retained for no less than 3 years before they may be destroyed, and licensees may not disclose, copy, or publish them except as required by law.