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Committee releases bill requiring buyers to sign firearm responsibilities notice; industry raises concerns
Summary
HB141 would require the Department of Safety and Homeland Security to create a firearm responsibilities notice for buyers, require dealers to have purchasers sign and retain a copy for at least three years, and provide a copy to the buyer. Committee released the bill amid support from gun safety groups and concerns from dealers and the NRA about duplication and burden.
Representative Brooke Williams told the House Judiciary Committee HB141 would require the Department of Safety and Homeland Security to produce a concise firearm responsibilities notice for every buyer and require licensed importers, manufacturers and dealers to have purchasers review and sign the notice and to retain the signed copy for at least three years. Sponsor said the notice is intended to deter straw purchases, increase reporting of lost or stolen firearms and expand education about safe storage and suicide prevention resources.
Supporters included the League of Women Voters, the Delaware Coalition Against Gun Violence, Moms Demand Action, Brady United Against Gun Violence and Delaware State Police/Homeland Security. Jeet Heston of the Delaware Coalition Against Gun Violence called the measure "a common sense measure designed to promote responsible gun ownership and enhance public safety" and said it strengthens the Gunshot Project by ensuring point-of-sale suicide-prevention information reaches every buyer.
Industry witnesses, including Rick Armitage for the National Rifle Association and Jeff Hague of the Delaware State Sportsmen Association, urged amendments to avoid duplication with federal forms and to reduce burdens on federally licensed firearms dealers (FFLs). Armitage said he did not "oppose the idea behind the bill, but suggests it's more complicated and burdensome than necessary" and warned that the requirement to retain a new signed notice could duplicate information already captured on the ATF Form 4473.
Sergeant Mike Rippel of the Delaware State Police said many dealers already use similar notices in ordinary practice and that Homeland Security would work with dealers to develop a standardized form; he characterized the requirement as unlikely to be onerous. Committee members pressed for clarity on the three-year retention period, how records would be stored, whether the notice could be used to prove mens rea in subsequent prosecutions and whether the department would provide copies to state agencies.
Vice Chair Romer moved to release HB141 and Representative Bush seconded. A roll call followed; Representative Shoop voted No. The committee released the bill and staff will circulate it for signatures and report it out to the House.
Next steps: the bill will be refined in follow-up drafting as stakeholders and Homeland Security work on the notice and retention details; committee members requested additional information about enforcement and historic violation data.
