A bill seeking to curtail straw purchases in the state by requiring inspections and other regulations of firearm dealers passed the Senate May 21 by a 14-6 vote with one absent.

Senate President Pro Tempore Dave Sokola, D-Newark, sponsored Senate Bill 300 with one amendment saying if someone is in the business of selling firearms there should be basic standards in place to ensure firearms are stored securely, sold responsibly and kept out of the wrong hands.

Firearm dealers who sell or transfer more than 10 firearms annually would be required to have basic security measures such as alarms and digital surveillance; secure firearm storage; report lost or stolen firearms in a timely manner; and make sure employees have background checks and training such as spotting straw purchases.

“The bill is ultimately about preventing preventable harm, reducing firearm threats and reducing illegal diversion and trafficking,” Sokola said, adding the bill does not create a firearm registry.

Delaware State Police would be in charge of enforcing the bill.

From 2017 to 2021, Sokola said, more than 6,600 crime guns were recovered in the state and most originated from Delaware dealers – a statistic that prompted a lengthy discussion over what constitutes a “crime gun.” A former ATF witness said about 3,500 guns came from Delaware dealers, but she did not know how many were straw purchasers.

Ron Hagen, former law enforcement officer and owner of Best Shot in Lewes, which sells firearms, said his understanding of the definition of a “crime gun” is that it includes a gun used in a suicide or accidental shooting as long as the incident falls under a criminal investigation. Hagen said he believes the 6,600 number is inflated.

“We don’t want firearms to get in the hands of people who shouldn’t have them. We’re one of the most regulated organizations or businesses when it comes to the federal government with what we have to maintain,” he said.

Permits are required for handguns, forms are sent to the FBI, and other identification and documentation is required before someone can purchase a firearm.

“There are a lot of small [Federal Firearm License businesses] that won’t survive this,” he said. “These small gun shops are going to go out of business … they’re doing stuff right. They’re following the law.”

As a private business owner, Hagen said he can refuse to sell someone a firearm if they appear suspicious, and he has done so in the past.

“There’s tons of crimes on the books,” he said. “If we held the people who are committing crimes and using firearms during the commission of those crimes, if we held them accountable and put them in jail, we wouldn’t have all the problems that we have.”

All the bill will do is expand the black market, Hagen said.

Sen. Brian Pettyjohn, R-Georgetown, asked what the gap in current state law is SB 300 is trying to fill, saying the firearms industry is already one of the most regulated in the state.

“If we already have dealers who are governed by federal law who are committing crimes, what will another crime on the book actually do?” Pettyjohn asked.

During an earlier committee hearing, Jeff Hague of the Delaware State Sportsmen's Association had also questioned how the proposed law will reduce crime when other bills have not been able to do so.

“Here we go again. I’ve been here many times over the years,” he said. “We’ve spent $19 million over the last three years on programs that are allegedly going to reduce crime. I have not seen any evidence to that effect whatsoever, that laws imposed on law-abiding citizens have done anything to reduce crime.”

Sen. Dave Wilson, R-Lincoln, said he has been a licensed firearm dealer since 1979, and it would be better if current laws were enforced. Plea bargains should not be given to anyone who burglarizes a gun store and steals firearms, he said.

The bill now goes to the House for consideration.