DELAWARE -- Legislation requiring people in Delaware to obtain a permit before buying a handgun took effect Sunday, Nov. 16.
Under the Permit to Purchase law, any person who lives in Delaware and wants to buy a handgun must first apply for a handgun qualified purchaser permit. The process includes taking an 8-hour firearms training course, firing one hundred rounds, getting fingerprinted, and passing a background check, according to officials.
People who already have a Concealed Carry Deadly Weapon (CCDW) license issued by the Delaware Superior Court are exempt from this requirement and can buy a handgun without a separate permit.
Any Delaware resident seeking to purchase a handgun who does not possess a valid CCDW license must now apply for a permit before purchasing a handgun.
CCDW license holders do not need to apply for the new permit, and neither do non-Delaware residents. Under federal law, handguns can only be transferred to individuals within their state of residence. Nonresidents must go through a federally licensed firearms dealer (FFL) in their own state to buy a handgun.
While most applicants must take a firearms safety training course, some are exempt but must submit proof of their exemption with the application. Exempt individuals include:
Qualified law enforcement officers
Qualified retired law enforcement officers
Sheriffs and deputy sheriffs
CCDW license holders
Federal firearms licensees and Delaware deadly weapons dealers
Armored car guards and licensed security personnel
Licensed constables in Delaware
Delaware correctional officers
Active military and National Guard members
NRA-certified instructors
People with a valid Delaware hunter safety certification
Competitive shooters with valid classification cards from the NRA, IDPA, IPSC, or USPSA
Anyone acquiring a permit must submit a completed application form, a valid Delaware driver's license or state ID, the firearms training course certificate or proof of exemption, and additional documentation for law-enforcement, military, or other exemption status (if applicable).
Applications can be completed online. For those without internet access, paper applications are available at all Delaware State Police Troop locations and can be submitted in person at the SBI Permit to Purchase office along with required documentation.
Delaware State Police have set up a helpline to answer questions. Those interested are encouraged to call (302) 741-2800 or email DSP_SBIP2PMail@delaware.gov.
"When we look at a list of every state with the lowest gun violence across the nation, the one policy they all have in common is this one," Traci Murphy, the executive director of the Coalition for a Safer Delaware, told WBOC Monday.
Murphy said the extended time it will now take to acquire a handgun under the new legislation is key to improving gun control in the state, and hopes to reduce gun violence.
"What this policy does that will impact firearm homicide and firearm suicide the most is keep firearms out of impulsive hands," Murphy said.
However, the law has faced criticism from gun rights advocates. The Delaware State Sportsmen’s Association has sued the state, claiming the law violates the Second Amendment and that Delaware lacks the infrastructure to manage the permitting system. A judge denied the group's attempt to block the law, but they are now appealing the decision. The litigation against the law will continue in the U.S. District Court.
Jennifer Hagan is the co-owner of Best Shot in Lewes, and told WBOC her store has had fewer customers since the law took effect.
"It's already dramatically impacted my business. My fear is that it's going to be so slow that I'm going to have to start laying off some people, or that I'm going to have to reduce hours."
Hagan said that last week her store experienced increased traffic with people looking to purchase a handgun ahead of the permitting law.
Hagan also told WBOC she believes the law violates the Second Amendment.
"If they want to buy a firearm and get some training, that's fine, but it should not be forced on people," Hagan said. "It's going to add about $300 to the overall experience now. Owning a gun is a constitutional right. You should be able to bear arms, and you shouldn't have to have a permit to do that."