House Bill 423, part of a new push to pass gun safety legislation in the wake of more mass shootings of children in our country, would strengthen background checks in Delaware. It was released from the House Public Safety & Homeland Security Committee on Tuesday and from the Appropriations Committee on Wednesday, so it is obviously on a fast track to pass the House today.
| House Bill 423 Sponsors | Yes Votes | No Votes |
| Mitchell, Bennett, Matthews, K.Williams, Bentz, Carson, Chukwuocha, Cooke, Heffernan, Collins, D.Short, M.Smith | ||
| Sokola, Ennis, Lockman, Hansen, Mantzavinos, Poore, Walsh, Hocker, Lawson, Pettyjohn, Wilson | ||
| Current Status: |
Federal law permits states to require federal firearms licensees (FFLs) to conduct background checks through a state agency, or point of contact, instead of directly through the National Instant Criminal Background Check System (NICS).
This Act creates the Firearm Transaction Approval Program (FTAP) within the State Bureau of Identification (SBI) of the Delaware State Police and designates the SBI’s FTAP as the point of contact between an FFL and the federal databases checked by the Federal Bureau of Investigation for purposes of conducting background checks for firearm purchases or transfers.
By establishing SBI as the point of contact for all firearm purchases or transfers in this State, SBI becomes responsible for determining if a potential buyer or transferee is prohibited from receipt or possession of a firearm under Delaware law. This enables SBI to search other databases in addition to relying on the required NICS check, enhancing background checks conducted in this State.
This Act enables firearms dealers who suspect a straw purchase has or is occurring to notify SBI using the same hotline that is established for background checks through FTAP.
This is Erin from the Women’s Defense Coalition of Delaware. Are there any updates on this story that explain why the FTAP has yet to be put into play? The NICS system is constantly failing because states are not imputing prohibiting information into the NICS Indices, leaving the door open for prohibited persons to purchase firearms themselves or via straw purchases. Here is a link to the process https://www.wsp.wa.gov/wp-content/uploads/2023/03/leep_nicis_le_guide.pdf
And here is a link to an article explaining why the NICS system fails https://www.pbs.org/newshour/nation/gun-background-check-system-riddled-with-flaws
The legislature claims they “must pass” permit to purchase (SS 1 for SB 2) in order to enact stronger background checks but that is why the FTAP was passed in 2022 and the FTAP does the core function of permit to purchase. In the 2 years since the FTAP was passed, how many persons prohibited were able to legally obtain firearms?