DELAWARE STATE SENATE

151st GENERAL ASSEMBLY

SENATE AMENDMENT NO. 1

TO

SENATE BILL NO. 3

AMEND Senate Bill No. 3 on line 144 by deleting “ [1 year after the effective date of this Act] ” and inserting in lieu thereof “ [1 year after the implementation date of § 1448D of Title 11 within Section 1 of this Act] ”.

FURTHER AMEND Senate Bill No. 3 on line 171 by deleting " The " after " (d) " and before " Department " therein and inserting in lieu thereof " Subject to subsection (h) of this section, the ".

FURTHER AMEND Senate Bill No. 3 on line 180 by deleting “ [the effective date of this Act] ” and inserting in lieu thereof “ [the implementation date of § 1448D of Title 11 within Section 1 of this Act] ”.

FURTHER AMEND Senate Bill No. 3 by inserting the following after line 184 and before line 185:

" (h) Except under and in furtherance of an open criminal investigation or during the course of a criminal prosecution, the Department may not retain a record, data, information, or a report obtained under this section for longer than 2 years. ".

FURTHER AMEND Senate Bill No. 3 by deleting line 310 in its entirety and inserting in lieu thereof the following:

“Section 5. Section 1448D of Title 11 within Section 1 of this Act is effective immediately and is to be implemented the earlier of the following:

(1) Eighteen months from the date of the Act’s enactment.

(2) The date of publication in the Register of Regulations of a notice by the Secretary of the Department of Safety and Homeland Security that the necessary processes for implementation have been established for § 1448D of Title 11 within Section 1 of this Act.

Section 6. Section 1448E of Title 11 within Section 1 of this Act and Sections 2 through 4 of this Act take effect on the implementation date of Section 1448D of Title 11 within Section 1 of this Act.”.

SYNOPSIS

This Amendment prohibits the Department of Safety and Homeland Security from retaining a record, data, information, or a report related to the transfer of a handgun for longer than 2 years, except in furtherance of an open criminal investigation or during the course of a criminal prosecution.

This Amendment also delays the implementation of the requirement to obtain a handgun qualified purchaser card until the Department of Safety and Homeland Security is ready to implement § 1448D of Title 11 or 18 months from the date of enactment, whichever comes first.

Author: Senator Lockman