The Delaware House of Representatives passed a bill Thursday requiring individuals who are seeking to purchase a handgun to first obtain permission from the state, in addition to undergoing fingerprinting and firearms training. The bill now awaits approval from the Delaware Senate before it becomes law.

The bill also includes provisions on firearms resale and permit exceptions for active and retired law enforcement who have already undergone firearms training that meets the criteria in the bill.

If enacted by the Senate, individuals would complete a qualified firearms training course and then submit a permit application to a state agency that would conduct the fingerprinting and background check to confirm that the applicant is legally allowed to own a firearm.  The agency would then issue a “qualified purchaser permit” that the prospective gun owner would be required to show at any point of purchase.

Several amendments were proposed to the bill but failed, including an effort to exempt permit application information from the Freedom of Information Act and other amendments that would have made the background check and permitting process quicker. A voucher program to mitigate the costs of firearm training for low-income households was also removed from the final House version of the bill amid budget concerns.

Republicans in the legislature expressed reservations that the bill would pass constitutional muster, specifically referencing recent events with a similar law in Maryland. A decade-old Maryland permit-to-purchase law was declared unconstitutional by a three-judge panel and now awaits rehearing from the full federal appeals court. Maryland is in the US Circuit Court of Appeals for the Fourth Circuit, while Delaware is in the US Circuit Court of Appeals for the Third Circuit, meaning the decision in the Maryland case would only provide persuasive instead of controlling authority in any potential challenge to the law.

The law highlights the increasing divergence in state approaches to gun regulations in that some states are now stepping up regulations while others have made it easier than ever for gun owners to possess and carry firearms.