2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 85. STATE BUREAU OF IDENTIFICATION › Subchapter VI. Firearm Transaction Approval Program (FTAP) › § 8572. SBI as point of contact for NICS, entity to conduct required background checks.

§ 8572. SBI as point of contact for NICS, entity to conduct required background checks.
(a) (1) The SBI shall serve as the NICS POC for this State.
(2) Except as provided by other laws of this State, SBI's NICS POC operations are governed by and shall strictly adhere to 28 C.F.R. Part 25 and the NICS POC Guidelines.
(b) The SBI shall conduct background checks required for the lawful sale, transfer, or delivery of firearms under federal law and the law of this State, including under §§ 1448A and 1448B of this title, that occur within this State.
(c) (1) The SBI shall establish a toll-free telephone number that must be operational between the hours of 9:
00 a.m. and 9:
00 p.m. local time, Monday through Saturday, and 9:
00 a.m. and 5:
00 p.m. local time, Sunday, to respond to inquiries from FFLs for background checks required under subsection (b) of this section. The SBI may establish another electronic means to respond to inquiries from FFLs for background checks required under subsection (b) of this section in addition to a toll-free telephone number.
(2) Notwithstanding paragraph (c)(1) of this section, the telephone number may, but need not be, operational on Thanksgiving Day, Christmas Day, Good Friday, or on Easter Sunday.
(3) The SBI shall employ and maintain personnel as necessary to effectively and efficiently administer this subchapter and to otherwise effectively serve as this State's federal NICS POC.
(d) On receipt of a request for a background check required under paragraph (c)(1) of this section, SBI shall do all of the following:
(1) Transmit a request for a background check to the Federal Bureau of Investigation, NICS Section, and search other available databases to determine if the potential buyer or transferee is prohibited from receipt or possession of a firearm under § 1448 of this title or federal law.
(2) After receipt of a response from the Federal Bureau of Investigation, NICS Section, and the completion of its search of other available databases, inform the FFL making the inquiry of 1 of the following:
a. That the potential buyer or transferee is prohibited from receipt or possession of a firearm under § 1448 of this title or federal law.
b. That the FFL may proceed with the sale, transfer, or delivery of the firearm may proceed with the process for issuing a license to carry concealed deadly weapons. SBI shall provide the FFL with a unique approval number.
(e) If electronic failure or similar emergency beyond the control of the SBI occurs, the SBI shall immediately notify a requesting FFL of the reason for, and estimated length of, the delay. After a notification under this subsection, the SBI shall inform the FFL making the inquiry of 1 of the following no later than the end of the third business day following a request for a background check by the FFL:
(1) That the potential buyer or transferee is prohibited from receipt or possession of a firearm under § 1448 of this title or federal law.
(2) That the FFL may proceed with the sale, transfer, or delivery of the firearm. SBI shall provide the FFL with a unique approval number.
(f) The SBI may promulgate regulations necessary to administer and enforce this section.
83 Del. Laws, c. 330, § 1;