DOVER, De – Raising the age to purchase firearms to 21 and strengthening background checks are key parts of legislation passed by the Delaware House of Representatives on Tuesday.
Federal law requires a buyer to be at least 21 years old for all handgun purchases, but only 18 years old for long guns (including rifles and shotguns). State law mirrors those federal requirements.
House Bill 451, sponsored by House Speaker Pete Schwartzkopf, would increase to 21 the age of a person to whom another person can sell or transfer a long gun or ammunition for a firearm.
“We already prohibit people under 21 from buying a handgun, and there’s no reason we should treat long guns any differently. More and more, the research shows that 18 is a delicate age, and allowing teens to walk into a store and purchase a firearm is inviting problems. In Delaware, the most common age for shooters has been 18-21 the past few years,” said Rep. Schwartzkopf, (D) Rehoboth Beach “We need to learn from every mass shooting and take decisive action to prevent the next one. Unfortunately, what we saw in Uvalde and Buffalo happened in Parkland four years ago – someone under 21 bought a gun that was designed for the military and used it to murder students. It’s long past time that Delaware lead on this issue and raise the age for buying a rifle to 21.”
House Minority Leader Rep. Danny Short (R) Seaford has been against increasing the age limit. "I'm opposed to that bill, well one of the key issues is, I think, that it's a discriminatory bill in the sense that an 18-year-old can do a lot of things, one of them is to serve in the military, they can join our fire department."
HB 451 would allow limited exceptions for shotguns and muzzle-loading rifles and related ammunition. Active military members, National Guard members, law enforcement officers, and those who have a concealed-carry license who are 18 years or older also would be exempted. The bill also would allow a person under 21 to possess or control a firearm for hunting as long as they comply with existing Delaware law for hunting.
HB 451 passed the House, 27-13.
Additionally, the House passed a measure Tuesday that would reinstitute the Firearm Transaction Approval Program (FTAP) within the State Bureau of Identification (SBI) of the Delaware State Police to strengthen background checks, reduce straw purchases and provide more local control over firearms purchases.
Sponsored by House Majority Whip Larry Mitchell, House Bill 423 would designate the bureau’s FTAP as the point of contact between a federal firearms licensee and the federal databases checked by the FBI to conduct background checks for firearm purchases or transfers.
By establishing SBI as the point of contact for all firearm purchases or transfers in Delaware, the bureau would become responsible for determining if a potential buyer or transferee is prohibited from receipt or possession of a firearm under state or federal law. This would enable SBI to search other databases in addition to relying on the required NICS check, enhancing background checks conducted in the state.
HB 423 passed the House unanimously.
HB 423 and HB 451 now head to the Senate for consideration.
