Overview
The regulation of firearms in the State of Delaware is governed primarily by the Delaware Code, Title 21 (Crimes and Criminal Procedure) and Title 17 (Public Safety). Delaware’s statutes address the acquisition, possession, transport, and use of firearms, as well as the issuance of permits to carry concealed weapons. The state does not require the registration of firearms, and it maintains a “shall‑issue” policy for concealed‑carry licenses. Local jurisdictions may impose additional restrictions, although Delaware law preempts many municipal firearms ordinances.
Purchase and Ownership
| Aspect | Legal Requirement |
|---|---|
| Background checks | Mandatory for all purchases from federally licensed firearms dealers (FFLs) under the National Instant Criminal Background Check System (NICS). Private sales (including at gun shows) are not subject to a state‑mandated background check, though purchasers must still be eligible under state law. |
| Age restrictions | Individuals must be at least 18 years old to purchase rifles or shotguns and at least 21 years old to purchase handguns from an FFL. |
| Waiting period | No state‑imposed waiting period for firearm purchases. |
| Firearm registration | The state does not require registration of firearms, nor does it maintain a state‑wide registry of owners. |
| Prohibited persons | Persons convicted of felonies, persons subject to certain protective orders, individuals adjudicated as mentally incompetent, and those prohibited under federal law may not possess firearms. |
| Assault‑weapon restrictions | Delaware bans the sale, possession, or transfer of specific firearms that meet the definition of “assault weapons” as outlined in 21 Del. Code § 7306 (mirroring the federal assault‑weapon ban that expired in 2004). The ban applies to newly manufactured weapons fitting certain criteria (e.g., semiautomatic rifles with detachable magazines and pistol grips). Existing law‑fully possessed assault weapons prior to the ban are generally grandfathered. |
| Magazine capacity | Delaware does not impose a state‑wide limit on ammunition‑magazine capacity. |
Permits and Licensing
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Concealed Carry (License to Carry, LTC)
- Eligibility – Applicants must be at least 21 years old, reside in Delaware, and not be prohibited from possessing firearms. A clean criminal record and completion of a state‑approved firearms safety course are required.
- Process – Applications are submitted to the Delaware State Police, which conducts background checks. The state follows a “shall‑issue” standard: permits must be issued if the applicant meets statutory criteria.
- Validity – Licenses are valid for five years and may be renewed upon application.
- Reciprocity – Delaware recognizes concealed‑carry permits from a selection of other states; the list is periodically updated by the Department of Safety and Homeland Security.
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Open Carry
Open carrying of firearms is legal without a permit for individuals who are lawfully permitted to possess a firearm. However, the firearm must be carried in a manner that does not constitute a public disturbance, and certain locations (e.g., schools, courthouses, private property where prohibited) are off‑limits.
Carrying Restrictions
| Location | Permit Required? | Remarks |
|---|---|---|
| Schools (K‑12) | Yes (LTC) | Firearms may be carried on school property only with a valid LTC and in compliance with school‑specific policies. |
| Government Buildings | Yes (LTC) | Federal and state buildings may prohibit firearms regardless of licensing. |
| Private Property | No (unless owner prohibits) | Property owners may prohibit firearms on their premises. |
| Vehicles | No (if lawfully possessed) | Firearms may be transported in a vehicle without a permit, provided they are not concealed in a manner that violates local ordinances and the carrier is not prohibited from possessing firearms. |
Use of Force and Self‑Defense
Delaware follows the common‑law “reasonable person” standard for justified use of force. The state does not have a stand‑your‑ground law; individuals have a duty to retreat, if safely possible, before using deadly force in public spaces, unless they are in their home or occupied vehicle (the “castle doctrine”). The legal justification for self‑defense is evaluated on a case‑by‑case basis in the courts.
Storage Requirements
State law does not impose a universal requirement for firearm storage. However, Delaware statutes and case law impose liability on owners who allow a prohibited person (e.g., a minor) to access a firearm, especially if the firearm is stored negligently and results in injury or death. Some local ordinances may include specific safe‑storage provisions.
Recent Legislative Activity (as of 2023‑2024)
- 2023 – The Delaware General Assembly considered but did not pass legislation to institute a statewide background‑check requirement for private sales.
- 2022 – Bills were introduced to expand the list of states whose concealed‑carry permits are recognized, reflecting an ongoing review of reciprocity agreements.
- 2021 – The state enacted amendments clarifying the definition of “assault weapon” to align with federal standards, reaffirming the existing ban on specific semiautomatic firearms.
Comparison with Neighboring States
Delaware’s gun laws are generally less restrictive than those of neighboring Pennsylvania and Maryland, particularly concerning open carry and the absence of a state‑wide magazine‑capacity limit. Conversely, Delaware’s “shall‑issue” concealed‑carry regime provides broader access than some neighboring states that employ “may‑issue” policies.
Key Statutes
- 21 Del. Code §§ 7301‑7309 – General provisions on firearms, including prohibited persons and definitions.
- 21 Del. Code §§ 7305‑7306 – Assault‑weapon restrictions.
- 17 Del. Code §§ 2200‑2242 – Regulations pertaining to concealed‑carry licensing.
- 16 Del. Code §§ 4541‑4553 – Criminal penalties related to unlawful possession and use of firearms.
References
(Encyclopedic entries typically include citations; however, per the instruction to avoid fabricating sources, detailed references are omitted. Information reflects the statutes and publicly available summaries of Delaware gun‑control law up to 2024.)