Delaware Code Title 11 Sec. 8573 – Confidentiality of NICS check and POC records
(a) The SBI is responsible for maintaining the security, integrity, and confidentiality of all information and records pertaining to the Firearm Transaction Approval Program. The SBI may share such information and records with another state or federal law-enforcement agency or the Judicial Information Center in order to carry out its functions under §§ 8572 and 8574 of this title.
Terms Used In Delaware Code Title 11 Sec. 8573
- Firearm: means as defined under 18 U. See Delaware Code Title 11 Sec. 8571
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- NICS: means the National Instant Criminal Background Check System. See Delaware Code Title 11 Sec. 8571
- POC: means a state or local law-enforcement agency serving as an intermediary between an FFL and the federal databases checked by NICS. See Delaware Code Title 11 Sec. 8571
- SBI: means the State Bureau of Identification of the Delaware State Police. See Delaware Code Title 11 Sec. 8571
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
(b) As this State‘s designated NICS POC, the SBI shall strictly adhere to the federal regulations pertaining to the confidentiality and security of NICS information including 28 C.F.R. §§ 25.6, 25.7, 25.8, 25.9, and 25.11.
(c) (1) The SBI may promulgate regulations consistent with 28 C.F.R. part 25 to ensure the security, integrity, and confidentiality of all information and records coming into its custody under the Firearm Transaction Approval Program.
(2) Regulations under this section may protect the privacy and confidentiality of this State’s citizens to a greater extent than federal law.
(d) Nothing in this subchapter may be construed to allow the State to maintain records containing the names of FFLs who receive unique approval numbers or to maintain records of firearm transactions, including the names or other identification of FFLs and potential buyers or transferees, involving individuals who are not prohibited by § 1448 of this title or federal law from the receipt or possession of firearms for longer than 6 months. However, the SBI may retain whatever information it receives including the identifying information of a potential buyer or transferee if the SBI has reasonable cause to believe the potential buyer or transferee is committing a crime. Nothing in this paragraph may be construed to be a waiver of sovereign immunity.
(e) The Superior Court has exclusive jurisdiction over a violation of subsection (d) of this section.