Del. Code tit. 11, ch. 98 — Voluntary Firearms Do-Not-Sell Registry Act [For application of this chapter, see 84 Del. Laws, c. 372, § 3] | Delaware Code — Delaware

Del. Code tit. 11, § 9801 Definitions [For application of this section, see 84 Del. Laws, c. 372, § 3].

For purposes of this chapter: (1) “DELJIS” means the Delaware Criminal Justice Information System. (2) “Firearm” means as defined in § 8571 of this title. (3) “Law-enforcement agency” means an agency established by this State, or by any county or municipality within this State, to enforce criminal laws or investigate suspected criminal activity. (4) “Registry” means the Voluntary Firearms Do-Not-Sell Registry created by this chapter. (5) “Superintendent” means the Superintendent of the Delaware State Police. (6) “Transfer” means as defined in § 1448B of this title.

Del. Code tit. 11, § 9802 Voluntary Firearms Do-Not-Sell Registry [For application of this section, see 84 Del. Laws, c. 372, § 3].

(a) The Superintendent of the Delaware State Police shall create a Voluntary Firearms Do-Not-Sell Registry in which an applicant may voluntarily enroll for the purpose of being prohibited from purchasing a firearm. No person may knowingly sell or transfer a firearm to an individual enrolled on the Registry. (b) The Superintendent shall develop a process and forms for inclusion on, and removal from, the Registry to be maintained by the Delaware State Police within DELJIS. The Superintendent must make the forms for inclusion and removal available by download through the Delaware State Police website and require the applicant to provide, at a minimum, the following information: (1) Name. (2) Address. (3) Date of birth. (4) Other contact information specified by the Superintendent. (5) Signature of applicant. (c) The form for inclusion onto the Registry shall inform the applicant of the process for removal from the Registry. (d) An applicant requesting inclusion onto the Registry shall deliver the completed form in person to a law-enforcement agency. (1) The law-enforcement agency shall verify the applicant’s identity before accepting the form and may not accept a form from someone other than the applicant named in the form. (2) Upon receipt of the application and verification of the applicant’s identity, the law-enforcement agency must add the applicant’s name to the Registry via DELJIS within 12 hours. (e) An individual who is added to the Registry may not request removal from the Registry unless the individual has been on the Registry for at least 30 days. (f) An individual requesting removal from the Registry shall deliver a completed removal form in person to any law-enforcement agency within the State. Once a law-enforcement agency receives a removal form, the law-enforcement agency must verify the individual’s identity and remove the individual from the Registry no sooner than 30 days after the law-enforcement agency receives the removal form. (g) All forms and records created in accordance with this section are not public records under Delaware’s Freedom of Information Act [Chapter 100 of Title 29]. The Registry is subject to the same confidentiality protections that are given to information and records pertaining to the Firearm Transaction Approval Program under § 8573 of this title. (h) All law-enforcement agency websites must post in a conspicuous place information about the Voluntary Firearms Do-Not-Sell Registry along with downloadable forms for inclusion and removal from the Registry.

Del. Code tit. 11, § 9803 Penalties [For application of this section, see 84 Del. Laws, c. 372, § 3].

(a) A person who knowingly sells or transfers a firearm to an individual in violation of this chapter is guilty of a class A misdemeanor. A second or subsequent offense by an individual is a class G felony. The Superior Court has exclusive jurisdiction for all offenses under this subsection. (b) It is unlawful for an individual to knowingly make a false statement or representation regarding their identity when requesting inclusion or removal from the Registry. An individual who violates this subsection shall be guilty of a class A misdemeanor. The Superior Court has exclusive jurisdiction for all offenses under this subsection.

Del. Code tit. 11, § 9804 Nondiscrimination [For application of this section, see 84 Del. Laws, c. 372, § 3].

A person may not discriminate against any individual with respect to health-care services, employment, education, housing, insurance, governmental benefits, or contracting because that person is enrolled on the Registry, is not enrolled on the Registry, or has previously been enrolled on the Registry.

Del. Code tit. 11, § 9805 Rules and regulations [For application of this section, see 84 Del. Laws, c. 372, § 3].

The Superintendent may promulgate rules and regulations necessary to administer and enforce this chapter.