Delaware Code § 11-1448B

Background checks and handgun qualified purchaser permit required for sales of firearms —
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Unlicensed persons [For application of this section, see 84 Del. Laws, c. 259, § 5].
(a)(1) An unlicensed person may not sell or transfer any firearm to any other unlicensed person without having conducted a background
check through a licensed firearms dealer in accordance with § 1448A of this title and § 904A of Title 24 to determine whether the sale or
transfer would be in violation of federal or state law, and until the licensed firearms dealer has been informed that the sale or transfer of
the firearm may "proceed" by the State Bureau of Identification, through the Firearm Transaction Approval Program under subchapter
VI of Chapter 85 of this title or 25 days have elapsed from the date of the request for a background check and a denial has not occurred.
(2) An unlicensed person may not sell or transfer a handgun to any other unlicensed person unless the potential purchaser or transferee
has a valid handgun qualified purchaser permit issued by the State Bureau of Identification under § 1448D of this title.
(b) For purposes of this section:
(1) "Handgun" means a pistol, revolver, or other firearm designed to be readily capable of being fired when held in 1 hand.
(2) "Licensed dealer" means any person licensed as a deadly weapons dealer under Chapter 9 of Title 24 and 18 U.S.C. § 921 et seq.
(3) "Firearm" means as defined under § 8571 of Title 11.
(4) "Prospective buyer" includes a prospective transferee.
(5) "Prospective seller" includes a prospective transferor.
(6) "Transfer" means assigning, pledging, leasing, loaning, giving away, or otherwise disposing of, but does not include any of the
following:
a. The loan of a firearm for any lawful purpose, for a period of 14 days or less, by the owner of the firearm to a person known
personally to the owner.
b. A temporary transfer for any lawful purpose that occurs while in the continuous presence of the owner of the firearm, if the
temporary transfer does not exceed 24 hours in duration.
c. The transfer of a firearm for repair, service, or modification to a licensed gunsmith or other person lawfully engaged in such
activities as a regular course of trade or business.
d. A transfer that occurs by operation of law or because of the death of a person for whom the prospective transferor is an executor
or administrator of an estate or a trustee of a trust created in a will.

(7) "Unlicensed person" means any person who is not a licensed importer, licensed manufacturer, or licensed dealer.
(c) This section does not apply to any of the following:
(1) Transactions in which the prospective buyer is a parent, mother-in-law, father-in-law, stepparent, legal guardian, grandparent,
child, daughter-in-law, son-in-law, stepchild, grandchild, sibling, sister-in-law, brother-in-law, spouse, or civil union partner of the
seller or transferor.
(2) Any firearm, including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system, manufactured
in or before 1898.
(3) Any replica of any firearm described in paragraph (c)(2) of this section if the replica meets 1 of the following:
a. Is not designed or redesigned to use rimfire or conventional centerfire fixed ammunition.
b. Uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is
not readily available in the ordinary channels of commercial trade.
(4) Any muzzle-loading firearm designed for hunting or competitive shooting not requiring a criminal background check under
federal law.
(5) Transactions in which the prospective buyer is a qualified law-enforcement officer, as defined in § 1441A of this title, or a
qualified retired law-enforcement officer, as defined in § 1441B of this title.
(6) Transactions in which the prospective buyer holds a current and valid concealed carry permit issued by the Superior Court under

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