Here are the relevant sections of Delaware law:
[b]§ 1455. Engaging in a firearms transaction on behalf of another; class F felony; class C felony.[/b]
[i]A person is guilty of engaging in a firearms transaction on behalf of another when the person purchases or obtains a firearm on behalf of a person not qualified to legally purchase, own or possess a firearm in this State or for the purpose of selling, giving or otherwise transferring a firearm to a person not legally qualified to purchase, own or possess a firearm in this State.
Engaging in a firearms transaction on behalf of another is a class F felony for the first offense, and a class C felony for each subsequent like offense.[/i]
[b]§ 1448A. Criminal history record checks for sales of firearms.[/b]
[i](l) Any person who, in connection with the purchase, transfer, or attempted purchase or transfer of a firearm pursuant to subsection (a) of this section, wilfully and intentionally makes any materially false oral or written statement or wilfully and intentionally furnishes or exhibits any false identification intended or likely to deceive the licensee shall be guilty of a class G felony.[/i]
I could not find anything more specific or labeled as a straw purchase. There may be regulations related to this process, but I was not able to find them.
So, it seems to me that on the face of it, she was indeed in violation of the law because of her answers to questions on Form 4473, which were submitted to the dealer for the transfer and background check. I do not know if the state has other state-specific forms that have to be filled out in order to purchase a firearm which might have also been incorrect.
Hoisted on her own petard comes to mind.
Ray
Edited to add this:
To be fair, the 4473 does specifically exempt "gifts" to a third party from the straw purchase definition, and, at least on the current form, explains the differences. Sarah Brady likely does qualify for this exemption, [i]to federal law[/i].
I could not find anything stated so clearly in the Delaware code about gifts or third part purchases other than those who are specifically prohibited.
Maybe the Million Morons should start complaining about the "Sarah Brady Gift loophole"