(3) â€œTransferâ€ means assigning, pledging, leasing, loaning, giving away, or otherwise disposing of, but does not include:
(A) the loan of a firearm for any lawful purpose, for a period of 14 days or less, by the owner of said firearm to a person known personally to him or her;
(B) a temporary transfer for any lawful purpose that occurs while in the continuous presence of the owner of the firearm, provided that such temporary transfer shall 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; or
(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.
Again, if you’re cohabiting with someone, say, in a gay relationship because you can’t get married, if you leave town for three weeks and leave your firearms in the care of your significant other, you’re making an unlawful transfer. Why the need to restrict the duration in section (B) to 24 hours? If I invite someone on my land to shoot, and loan him a gun for the weekend trip, should I be charged with a misdemeanor?
The bill also exempts people who hold Delaware Concealed Deadly Weapons Licenses, but it should be noted that Delaware is technically may-issue (though unlike a lot of other states, it’s not impossible to get a CDWL in Delaware if you jump through the hoops).
Also, this amendment brings up an interesting point on banning private transfers: if you transfer your gun into the dealer’s inventory, and the prospective buyer flunks the check, what then? Are you out the transfer fee to get your own gun back? Delaware’s bill says no, but that’s another nail in the coffin of the proposed federal bill I hadn’t thought of. Currently, the answer would likely be yes, you’d have to pay and go through the 4473 and whole deal to get your own gun back. I think you still would in Delaware too, except the dealer couldn’t charge you for it. This also will make it less likely dealers will want to process third party transfers.
This is what “universal background checks” mean folks. It’s one of those things that sounds dandy until you start thinking about how it would need to be implemented. This bill still has to pass the Delaware Senate, and NRA is asking Delawareans to contact their State Senators.