Delaware reinstated state background checks for guns in 2022. Why it hasn't taken effect

Editor's Note: This story has been updated to reflect that Gov. John Carney has not yet signed the 'permit to purchase' bill.

Reinstating Delaware's state-sponsored background checks for gun purchases has taken longer than anticipated to get off the ground.

Republican senators during debate over the recently passed "permit to purchase" law expressed concern about the First State's delay in getting the Firearm Transaction Approval Program, Delaware's state-sponsored background checks, reinstated, suggesting the program would negate the need for "permit to purchase."

The state background check, commonly referred to as FTAP, was supposed to take effect within one year of its enactment, putting its implementation behind by nearly nine months.

Nathaniel McQueen Jr., Secretary of the Delaware Department of Safety and Homeland Security.
Nathaniel McQueen Jr., Secretary of the Delaware Department of Safety and Homeland Security.

Nathaniel McQueen Jr., Delaware Department of Safety and Homeland Security secretary, told House representatives on March 7 that delays with FTAP's implementation were due to "technology issues." Similar questions and concerns about the background check program were made during the Senate's debate to "permit to purchase" on March 14.

"Some of those technology issues have moved forward, and our hopeful implementation for FTAP will probably be about the end of this summer," McQueen said.

Republican lawmakers said that the delay of FTAP calls into question whether the “permit to purchase” program would also be delayed in its implementation.

State background check history

The Delaware General Assembly in 2022 reinstated the state’s gun background check that was scrapped in 2011. The bipartisan bill was approved among a slew of gun reform bills sparked by a series of mass shootings across the country that year.

Since then, Delaware has relied on the federal National Instant Criminal Background Check System. It continues to do so until the state’s system is launched.

Lawmakers decided to return to the state background check to reduce straw purchases and ensure potential persons prohibited didn’t fall through the cracks.

2022 VOTE: Delaware House votes to increase gun purchasing age to 21, strengthen background checks

The federal background check can miss those with outstanding warrants or those convicted of a misdemeanor domestic violence offense. The state’s program aims to close those loopholes.

The bill was unanimously approved in the Delaware House of Representatives and Senate.

Does FTAP negate the need for 'permit to purchase'?

Sen. Eric Buckson suggested earlier this month that the background check program would “limit straw purchases” and allow police to go “after criminals who are actually doing those things," negating the need for "permit to purchase."

“If the goal is to limit the number of legally purchased weapons that end up on the streets in criminal crime scenes … we can do that by tracking folks who are moving up and down the state, making multiple purchases of guns,” the Dover Republican said. “We can do that with FTAP if given a chance.”

Firearms for sale at Firing Distance gun store in Bridgeville, Del.
Firearms for sale at Firing Distance gun store in Bridgeville, Del.

The “permit to purchase” bill’s sponsors and supporters disagreed.

Senate Majority Whip Elizabeth “Tizzy” Lockman said “permit to purchase” wouldn’t take effect for 18 months, a timeframe lawmakers consulted the Delaware State Police on to ensure there was enough time to ramp-up operations and hire the necessary staff.

“FTAP is crucial in its own right, but it addresses different issues than the permit to purchase,” Lockman said. “These were meant to be complementary efforts.”

RELATED: Delaware Senate passes 'permit to purchase' handgun bill along party lines

The “permit to purchase” bill passed both the House and Senate in March.

Got a tip? Contact Amanda Fries at afries@delawareonline.com, or call or text her at 302-598-5507. Follow her on X at @mandy_fries.

This article originally appeared on Delaware News Journal: Why Delaware's background check for guns hasn't taken effect