Expanded Background Checks in Place in Del. - WBOC-TV 16, Delmarvas News Leader, FOX 21 -

Expanded Background Checks in Place in Del., Understanding the System

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DOVER, Del. (WBOC)- Most private gun sales now require a background check in Delaware. The new requirement was the centerpiece of a gun control agenda state lawmakers tackled this year. It went into effect this week.

Licensed dealers are handling the background checks. Go into Smyrna Sporting Goods and Brian Brown can help deal with that.

"First off," he explained. "I'll take the firearm from the individual who wants to sell the gun and put it in my acquisition book - firearm coming from that person to me. Next we will take the purchaser and have him fill out the 4473, which is the background check."

Brown then gets the information on the form into the national background check system.

"There's three different responses I can get. It can be a proceed right away. It can be a deny right away. Or it can be a cancel to the point of delay, which gives them a three-day period to do a background check," said Brown. "If they find that person is allowed to purchase the gun, we will get a response back. He or she comes back to the store and obtains the firearm."

However, if it ends up a no, the sale cannot go through. When a sale can't go through, the seller likely wants the gun back. Brown says that requires another background check - this time for the seller.

"We need a 4473 to take that gun back out of the acquisition book - for the seller to get the gun back," Brown said. "If you cannot pass the background to get your own weapon back, then we would more or less have to buy the gun from you or something of that nature.

"So, make sure if you're going to sell your gun, you're sure from the beginning that your customer is worthy citizen and you are yourself."

Markell administration officials say the situation where both buyer and seller fail the check would be extremely rare. And in that case, not getting the gun back is a result of existing federal law - nothing the new state law does.

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