Chapter 9. Deadly Weapons Dealers
TITLE 24
Professions and Occupations
CHAPTER 9. DEADLY WEAPONS DEALERS
§ 901. License requirement.
No person shall engage in the business of selling any pistol or revolver, or stiletto, steel or brass knuckles, or other deadly weapon made especially for the defense of one's person without first having obtained a license therefor, which license shall be known as "special license to sell deadly weapons." No person licensed or unlicensed shall possess, sell or offer for sale any switchblade knife.
This section shall not apply to toy pistols, pocket knives or knives used for sporting purposes and in the domestic household, or surgical instruments or tools of any kind.
26 Del. Laws, c. 15, § 1; Code 1915, § 257; Code 1935, § 231; 24 Del. C. 1953, § 901; 49 Del. Laws, c. 77; 66 Del. Laws, c. 184, § 1.;
§ 902. Application and fee for license; duration; renewal.
Whoever desires to engage in the business of selling any of the articles referred to in the first paragraph of § 901 of this title shall apply to the Department of State to obtain a license to conduct such business and shall pay an application fee of $50 to the Department. The license shall entitle the holder thereof to conduct such business until June 1 next succeeding its date. An application for renewal of such license shall be accompanied by a payment of $50 to the Department.
26 Del. Laws, c. 15, § 2; 27 Del. Laws, c. 30; Code 1915, § 258; Code 1935, § 232; 42 Del. Laws, c. 71, § 1; 24 Del. C. 1953, § 902; 49 Del. Laws, c. 346, § 3; 61 Del. Laws, c. 406, § 1; 65 Del. Laws, c. 379; 66 Del. Laws, c. 249, § 1; 75 Del. Laws, c. 88, § 17(2).;
§ 903. Sale to persons under 21 or intoxicated persons.
No person shall sell to a person under the age of 21 or any intoxicated person any of the articles referred to in the first paragraph of § 901 of this title.
26 Del. Laws, c. 15, § 3; Code 1915, § 259; 30 Del. Laws, c. 28, § 1; Code 1935, § 233; 42 Del. Laws, c. 71, § 2; 24 Del. C. 1953, § 903; 66 Del. Laws, c. 184, § 2.;
§ 904. Records.
(a) Any person desiring to engage in the business described in this chapter shall keep and maintain in the place of business at all times a record. In such record the businessperson shall enter the date of the sale, the name and address of the person purchasing any deadly weapon, the number and kind of deadly weapon so purchased, the age of the purchaser, and the mode of identification bearing a picture which shall include but it is not limited to a driver's license. The record shall at all times be open for inspection by any judge, justice of the peace, police officer, constable or other peace officer of this State.
(b) Any person engaging in the business described in this chapter shall keep and maintain a list of current employees including their names, former names used, dates of birth, physical descriptions and social security numbers. The required employee list and all attachments thereto shall be considered confidential but shall, nevertheless, be open for inspection by any police officer of this State or of any political subdivision of this State, within their respective jurisdiction, at any time, at the licensee's primary place of business and during the licensee's regular business hours. No person licensed under this chapter shall knowingly allow any employee who is a person prohibited from possessing a deadly weapon pursuant to § 1448 of Title 11 to facilitate a sale of a deadly weapon. All employers licensed to do business pursuant to this chapter shall, prior to employment and at least once during each calendar year thereafter, perform a telephonic criminal history record check of each employee utilizing the procedures set forth in § 1448A of Title 11 and shall make and maintain a record thereof using the State Bureau of Identification Criminal History Record Information and Mental Health Information Consent Form (Form 544). A copy of each such form shall be attached to the above required employee list for inspection upon the valid request of a police officer of this State or of any political subdivision of this State, within their respective jurisdiction.
26 Del. Laws, c. 15, § 4; Code 1915, § 259; 30 Del. Laws, c. 28, § 1; Code 1935, § 233; 42 Del. Laws, c. 71, § 2; 24 Del. C. 1953, § 904; 61 Del. Laws, c. 406, §§ 2-4; 63 Del. Laws, c. 55, § 1; 66 Del. Laws, c. 184, § 3; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 149, § 1.;
§ 904A. Criminal history checks for sales between unlicensed persons.
(a) For purposes of this section, "licensed firearm dealer" means any person licensed as a deadly weapons dealer pursuant to Chapter 9 of Title 24 and 18 U.S.C. § 921 et seq.
(b) As a condition of its license, any dealer holding a license pursuant to this chapter shall facilitate the transfer of a firearm, as that term is defined in § 222 of Title 11, from any person who is not so licensed, upon the request of said unlicensed seller pursuant to the following procedure:
(1) The prospective buyer and seller shall jointly appear at the place of business of the dealer, during said dealer's regular hours of business, and shall inform the dealer of their desire to avail themselves of the advantages of the procedure set forth herein.
(2) The dealer shall then subject the prospective buyer to a criminal history record check pursuant to the terms of § 1448A of Title 11.
(3) In the event that said record check reveals that the prospective buyer is prohibited from possessing, purchasing or owning a firearm pursuant to § 1448 of Title 11, the dealer shall so inform both parties of that fact and the transfer shall not take place.
(4) Any dealer who is asked to facilitate the transfer of a firearm pursuant to the terms of this section, may charge a reasonable fee for said service, said fee not to exceed $20 per criminal history check performed pursuant to this procedure.
(5) Failure or refusal on the part of the dealer to facilitate the transfer of a firearm pursuant to the procedures set forth herein shall be adequate cause to suspend the license of said dealer for a period not to exceed 30 days per occurrence.
69 Del. Laws, c. 324, § 1.;
§ 905. Penalties.
Whoever violates this chapter shall be fined not more than $250 or imprisoned not more than 6 months, or both.
26 Del. Laws, c. 15, § 5; Code 1915, § 260; Code 1935, § 234; 24 Del. C. 1953, § 905; 66 Del. Laws, c. 184, § 4.;