(a) An individual who is denied the right to receive or purchase a firearm under this subchapter may do 1 or more of the following:
(1) Request from the SBI a written explanation for the denial.
(2) Petition the SBI to amend erroneous information in a record pertaining to the individual.
(b) SBI shall respond to a request for a written explanation for the denial under paragraph (a)(1) of this section within 30 days of receipt of the request.
(c) On receipt of a petition under paragraph (a)(2) of this section, the SBI shall do all of the following:
(1) Perform a thorough review of the records that prompted the denial.
(2) Render, within 30 days of receipt of the petition, a final decision regarding the denial. If exceptional circumstances exist, SBI may extend the deadline to file a final decision for an additional 30 days with notice to the petitioner providing the exceptional circumstances.
(d) If the SBI reverses its denial, the SBI shall immediately do all of the following:
(1) Request that an entity that provided it with information that prompted its denial amend its records to reflect accurate information.
(2) Amend its records to reflect accurate information.
(3) Destroy records it maintains which contain erroneous information derived from a background check conducted under this subchapter.
(e) If the SBI upholds it denial, the individual may appeal the decision to the Superior Court on the record.
(f) (1) If the SBI fails to issue a decision on a petition under paragraph (a)(2) of this section within the time requirements in paragraph (c)(2) of this section, the individual may petition the Superior Court for a writ of mandamus to compel the issuance of the decision.
(2) If the SBI fails to amend its records to reflect accurate information under subsection (d) of this section, the individual may petition the Superior Court for a writ of mandamus to require the SBI to correct its records.
(3) If the Superior Court determines that the SBI wilfully refused to issue its decision or amend the record, the Court may award the petitioner costs and reasonable attorneys' fees.
Structure Delaware Code