DE HB35

Creates new § 1448B requiring unlicensed persons to conduct criminal history background checks through licensed firearms dealers before selling or transferring firearms to other unlicensed persons.

Exempts certain transfers from background check requirements including sales to family members, antique firearms (pre-1898), muzzle-loading firearms, law enforcement officers, religious groups without photographic identification, curio/relic sales, and gun buyback programs.

Establishes procedure for bona fide members of religious groups prohibiting photographic identification to conduct transfers through the State Bureau of Investigation using fingerprints and affidavits instead of photo ID.

Increases maximum fee for background checks conducted by licensed dealers from $20 to $30 per check, with no fee required for returning firearms that fail background checks.

Classifies unlicensed persons who knowingly violate the background check requirement as guilty of a class A misdemeanor for first offense and class G felony for subsequent offenses, effective July 1, 2013.