The Delaware Police Chiefs Council called on the Delaware General Assembly to take immediate action on S.B.39, legislation that would close the "Gun Show Loophole." The Gun Show Loophole is a gap in state law that allows criminals and other dangerous individuals to purchase guns at gun shows without undergoing a background check. This legislation would close this loophole by requiring background checks for all gun sales at Delaware gun shows.
Under current Delaware law, no background check is required at a gun show unless the seller is a licensed dealer. Unlicensed gun sellers who sell firearms at gun shows are not required to perform a background check on individuals who purchase guns. This is a dangerous gap in state law that compromises public safety by making it easy for criminals, drug abusers, domestic violence offenders, and those with serious mental illness to gain easy access to guns.
"Our men and women in uniform risk their lives every day to protect us. We must enact common-sense laws like the Gun Show Loophole Bill to protect them," said Newport Chief of Police Michael Capriglione, President of the Delaware Police Chiefs Council. "Requiring background checks for all sales at gun shows will help protect law enforcement officers, and make all Delawareans safer. On behalf of the Delaware Police Chiefs Council, I urge the General Assembly to stand with Delaware law enforcement and enact this critical public safety legislation."
"The NRA claims that the gun show loophole bill is 'legislation in search of a problem.' Tell that to the two police officers who were wounded last year at the Pentagon by an assailant who was prohibited by law from possessing guns," said Chief Capriglione. "The gun that the Pentagon shooter used had been previously purchased from a private seller at a gun show."
"Requiring background checks for gun sales at gun shows would have no impact on the Second Amendment rights of law abiding gun owners. These are the same background checks that are performed by licensed gun dealers every day," said Wilmington Chief of Police Michael Szczerba. "Background checks take only a few minutes to complete – minutes that could save a life."
Current federal law requires all federally licensed dealers to conduct background checks for all gun sales and prohibits criminals, drug abusers, domestic violence offenders, and individuals with serious mental illness from purchasing firearms. However, under federal and Delaware state law, private unlicensed sellers who operate at gun shows are not required to perform background checks on gun purchasers. This loophole in the law, commonly referred to as the "Gun Show Loophole," allows criminals to buy guns without having to pass a background check. Ten states and the District of Columbia require background checks for all gun sales at gun shows.
According to the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), approximately 30% of illegally trafficked guns are connected to gun shows.
The Delaware Police Chiefs Council is a statewide professional membership organization representing more than 100 members throughout the state of Delaware. The Delaware Police Chiefs Council advocates for effective policies that promote public safety.
