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Governor Signs HB 325, Closing the Charleston Loophole

On June 24th, Governor Markell signed into law legislation that I sponsored with Representative Val Longhurst that would close a serious federal loophole that annually allows thousands of prohibited persons to purchase firearms without passing a background check.

Under HB 325, a person purchasing a firearm would need to pass a background check before a transaction could be completed. This would not impact the vast majority of gun transactions in Delaware, as 92% of background checks are completed in a matter of minutes, or at most, hours. This would eliminate the “delayed transactions” (also known as “default proceeds”) of guns being turned over because a background check takes longer than three business days.

As amended, HB 325 allows 25 days for a background check to be completed before a firearm could be transferred.

According to the FBI – Federal Bureau of Investigation, from 2010-14, gun dealers completed 15,729 gun sales to ineligible people due to the delayed transaction provision.

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