“Assault Weapons.” Delaware prohibits, with some exceptions, the manufacture, sale, offer to sell, transfer, purchase, receipt, possession, or transport into the state of an assault weapon. “Assault weapons” are defined at Del. Code tit. 11, § 1465 and include “assault long guns,” “assault pistols,” and “copycat weapons.” Delaware defines “assault weapons” by listing specific firearms by make and model, as well as firearms that possess the defined characteristic(s) regardless of make and model.  An “assault weapon” modified to render it permanently inoperative is exempted. 

A person who lawfully possessed, or completed a purchase of an “assault weapon” prior to June 30, 2022, may possess and transport the assault weapon on or after that date under the following circumstances only: a) at their own residence, place of business, or other property owned by the person, or on property owned by another person with the owner’s express permission; b) while on the premises of a shooting range; c) while attending any exhibition, display, or educational project that is about firearms and that is sponsored by, conducted under the auspices of, or approved by a law-enforcement agency or a nationally or state-recognized entity that fosters proficiency in, or promotes education about, firearms, or d) while transporting the assault weapon between any of the places listed above, or to any licensed firearms dealer for servicing or repair, if the person places the assault weapon in secure storage. Del. Code tit. 11, § 1466. 

In addition, ownership of an assault weapon may be transferred from the person owning the assault weapon to a member of that person’s family, and it is lawful for the family member to possess the transferred assault weapon under any of the circumstances listed above if the owner lawfully possessed the assault weapon and the family member to whom the assault weapon is transferred is otherwise lawfully permitted to possess it. Del. Code tit. 11, § 1466. 

“Large Capacity” Magazines. “Large-capacity magazine” (LCM) is defined to mean “any ammunition feeding device capable of accepting, or that can readily be converted to hold, more than 17 rounds of ammunition,” but excludes an attached tubular device designed to accept, and only capable of operating with, .22 caliber rimfire ammunition. Under Delaware law, the “presence of a removable floor plate in an ammunition feeding device that is not capable of accepting more than 17 rounds of ammunition shall not, without more, be sufficient evidence that the ammunition feeding device can readily be converted to hold more than 17 rounds of ammunition.” Del. Code Ann. tit. 11, § 1468.  With limited exceptions, it is unlawful for a person to manufacture, sell, offer for sale, purchase, receive, transfer, or possess a LCM. This prohibition does not apply to an individual who holds a valid Delaware concealed carry permit.  Del. Code Ann. tit. 11, § 1469.

Suppressors, machine guns, sawed-off shotguns, and bump stocks, trigger cranks, and similar “rapid fire devices.” Under Delaware law these are all “destructive weapons,” Del. Code. Ann. tit 11, § 1444(a), and generally the making, selling, transferring, buying, receiving, or having possession of a “destructive weapon” is a crime. The section defines “machine gun,” “bump stock,” “rapid fire device,” “trigger crank” and “sawed-off shotgun.” The Delaware Attorney General website advises that “Delaware law prohibits the possession of silencers, sawed-off shotguns and machine guns under all circumstances;” see Concealed Carry Deadly Weapons (CCDW) - Delaware Department of Justice - State of Delaware 

“Untraceable” Firearms.  Del. Code Ann. tit. 11 § 1463 prohibits the possession, manufacture, assembly, causing to be manufactured or assembled, sale, or transfer of an “untraceable” firearm. This includes using a 3D printer or similar device to manufacture or produce a firearm, firearm receiver, or major firearm component when not licensed as a manufacturer, or distributing by any means (including the internet) instructions in the form of computer-aided design files or other code or instructions to program a 3D printer on manufacturing or producing a firearm, firearm receiver or major component of a firearm, to a person who is not licensed as a manufacturer. “Untraceable firearm” is not defined.  

Unserialized, unfinished frames and receivers. With the exception of a federally licensed gun manufacturer during the manufacturing process, the possession of an unfinished firearm frame or receiver with no serial number is a class D felony. It is also a crime to knowingly transport, ship, transfer, or sell an unfinished firearm frame or receiver unless the person is a federally licensed firearm dealer or manufacturer or the name of the manufacturer and an individual serial number are conspicuously placed on the unfinished firearm frame or receiver in accordance with federal law on serial numbers. Del. Code Ann. tit. 11, § 1459A. 

“Dangerous Weapons” Other Than Firearms. Del. Code Ann. tit. 11, § 1445(a) generally prohibits any person other than a law enforcement officer from possessing, selling, or in any manner having control of, any “weapon which by compressed air or by spring discharges or projects a pellet, slug or bullet, except a BB gun, paintball gun, or air gun which does not discharge or project a pellet or slug larger than a .177 caliber shot,” or a “pellet, slug or bullet, intending that it be used in any [such] weapon.”  

Effective November 16, 2025, a person who is not a federal firearms licensee who wishes to purchase or acquire a handgun (whether from a dealer or otherwise) must have a valid handgun qualified purchaser permit (“HQPP”) issued by the State Bureau of Identification; Del. Code Ann. tit. 11 § 1448A(a)(2) and § 1448B(a)(2). However, the law exempts anyone who has a valid Delaware-issued concealed carry license, and certain persons (law enforcement, FFLs, instructors certified by the NRA, and those holding a valid Delaware hunter safety certification card, to name a few) are exempt from the training requirement. 

Applicants must be aged 21 or over (with the exception of qualified law enforcement), show completion of a firearms training course that meets the state requirements (e.g., live fire shooting exercises conducted on a range, including the expenditure of a minimum of 100 rounds of ammunition), and provide fingerprints and a sworn, written affirmation that the person is not prohibited from possessing a firearm under state or federal law. The State Bureau of Identification is required to conduct a criminal background check that includes a NICS check and inquiries of local law enforcement in the applicant’s place(s) of residence regarding “any facts and circumstances relevant to the person’s qualification” for an HQPP. The State Bureau of Identification must grant or deny the application within 30 days of receipt. Once granted, the permit is valid for two years and is not limited as to the number of handguns that may be purchased.  An applicant who has been denied a permit may appeal the denial in the Justice of the Peace Court for the county in which the person resides, but the hearing request must be made within 30 days of the denial. 

After a permit has been issued or a denial has become final, the State Bureau of Identification is prohibited from retaining “any records relating to the application or permit other than the name and date of birth of the applicant, the date the permit was issued or the denial became final, and the date of the firearms training course completed by the applicant.” Applications and any other information gathered under this law are not “public records” for purposes of the state Freedom of Information Act.

Prohibited persons include those:

* convicted in any jurisdiction of a felony or a crime of violence involving physical injury to another person, unless that felony conviction has been expunged;

* convicted for the unlawful use, possession or sale of a narcotic, dangerous drug or central nervous system depressant or stimulant as those terms were defined prior to the effective date of the Uniform Controlled Substances Act in June 1973, or of a narcotic drug or controlled substance as defined in Delaware’s Uniform Controlled Substances Act;

* convicted in any court of a misdemeanor crime of domestic violence, as that term is defined in state law;

*who, as a juvenile, were adjudicated as delinquent for conduct which, if committed by an adult, would constitute a felony, but this prohibition expires when the person reaches the age of 25;

* subject to an active lethal violence protective order, issued under Del. Code Ann tit. 10 § 7704, or specified, active Family Court protection from abuse orders,

* who are a defendant or co-defendant in a criminal case in which it is alleged the person is has committed any felony and who becomes a fugitive from justice by failing to appear for any scheduled court proceeding;

* who have ever been involuntarily committed due to a mental condition, unless the person’s firearm rights have been restored by the Relief from Disabilities Board;

* who, for a crime of violence, have ever been found mentally incompetent to stand trial, or not guilty by reason of insanity, or guilty but mentally ill, including juvenile proceedings, unless the person’s firearm rights have been restored by the Relief from Disabilities Board; 

The firearm disability for any person who is prohibited “solely as the result of a conviction for an offense which is not a felony” expires once five years have elapsed from the date of conviction (and there are no other legal disqualifications regarding firearms that apply); Del. Code Ann. tit. 11, §1448(d).

There are additional restrictions on persons under the age of 21; see below.

A separate law, Del. Code Ann. tit. 11, § 2108(d)(1) on bail conditions, states that in the case of a person charged with the listed felonies, or listed violent or drug crimes, be required to surrender any firearms they possess and not possess or control any firearm as a condition of bail pending the conclusion of the criminal proceedings.

Persons Under 21 Years Old. Del. Code Ann. tit. 11, § 1448(a)(5) prohibits any person under the age of 21 from purchasing, owning, possessing, or controlling a firearm or ammunition, but exempts shotguns, shotgun ammunition, muzzle-loading guns, and persons over 18 who have a valid Delaware concealed carry license. Other exceptions include persons engaging in lawful hunting or instruction, sporting, or recreational activity while under the direct supervision of a person 21 years of age or older, or who are transporting a firearm to and from such activities, and a person who possesses or uses a firearm during the use of force upon or towards another person, if such use of force is otherwise justifiable under state law. NOTE: As of August 29, 2025, the law imposing this firearm ban on 18- to 20-year-olds was held unconstitutional by the Superior Court of Delaware as violating Art. 1, Section 20 (the right to keep and bear arms) of the State Constitution; see Birney v. RLG Delaware Dept. of Safety and Homeland Security, 2025 WL 2489468 (Aug. 29, 2025).

License to carry. Delaware is a “shall issue” state. The state licensing law, Del. Code Ann. tit. 11 § 1441, requires the applicant to publish notice of the application in a newspaper of general circulation published in the county, and submit proof of publication together with the application to the Prothonotary of the proper county. The applicant must state that he or she wished to carry a concealed firearm for personal protection or protection of property. The application is approved or denied by the Superior Court, which also conducts a criminal background check. If approved, the applicant then has 90 days to provide proof that the training requirement has been satisfied before the license is granted. 

Issuing agency/official: Prothonotary/Superior Court

Minimum age: 18

State residency required: Yes

Objective disqualifications: None listed in state law

Non-objective disqualifiers? Applicant must be of “good moral character” and “bear a good reputation for peace and good order” in their community, which is requires reference questionnaires completed by five “respectable citizens” from the County in which the applicant lives, to be submitted as part of the application

Training/Familiarity requirement? Yes; the training must be state-approved, meet the curriculum requirements set out at § 1441(a)(3), and must have live-fire shooting exercises conducted on a range, including the expenditure of a minimum of 100 rounds of ammunition.

Fees: $65 (does not include cost of fingerprinting, publication of newspaper notice and other expenses)

Fingerprints required: Yes

Maximum processing time? Not specified

Duration of permit? Three years, but afterwards is renewable for five-year periods

Temporary licenses? subs (i) (k)

Other ID required when carrying with permit? No

Mandatory notifications: No requirement to inform law enforcement on contact that the person is a conceal-carry licensee

Special provisions? A petitioner who has obtained a family court-issued protection from abuse order is deemed to have shown the necessity for a license to carry a deadly weapon concealed for protection of themselves. Retired law enforcement officers who have served at least 20 years in any law-enforcement agency in Delaware, or who have retired and remain currently eligible for a duty-connected disability pension, may be licensed to carry concealed, if they satisfy the requirements in Del. Code Ann. tit. 11, § 1441(i) and (h). Otherwise, Delaware has a separate law implementing the federal Law Enforcement Officers Safety Act of 2004 (18 U.S.C. § 926C) for qualified retired law-enforcement officers, at Del. Code Ann. tit. 11, § 1441B.

It is a crime to possess a firearm in a public place while under the influence of alcohol or illicit/recreational drugs, although it is an affirmative defense to prosecution that the firearm was not readily operable, or that the person was not in possession of ammunition for the firearm. “Possess” is broadly defined to include exercising control and authority over the gun, when the gun is “physically available and accessible to the person.” “Under the influence of alcohol or drugs” is defined in the section by reference to the amount of alcohol measured in the breath or blood or by the “degree that the person may be in danger or endanger other persons or property or annoy persons in the vicinity;” see Del. Code Ann. tit. 11, § 1460.

Non-resident carry: Delaware does not generally issue non-resident carry licenses; however, the Attorney General has the authority to issue a temporary license to a person who is a non-resident if that person “has a short-term need to carry such a weapon within this State in conjunction with that individual’s employment for the protection of person or property.” These licenses automatically expire after 30 days and must be carried at all times while within the State. Del. Code Ann. tit. 11, § 1441(k). 

Delaware honors permits/licenses from states that recognize Delaware’s licenses, provided that the out-of-state licenses also “afford a reasonably similar degree of protection as is provided by licensure in Delaware.”The Delaware Attorney General makes this determination and must publish, annually, a list of the states which have qualified for reciprocity – the 2025 list is posted at Concealed Carry Deadly Weapons (CCDW) - Delaware Department of Justice - State of Delaware

Prohibited Places for Carrying or Possession: 

“Safe recreation zones.” It is a crime to carry a concealed firearm, or for a juvenile to possess any firearm, in a “safe recreation zone,” defined as any building or structure owned, operated, leased or rented by any county or municipality, or by the State, or by any board, agency, commission, department, corporation or other entity thereof, or by any private organization, and used as a recreation center, athletic field or sports stadium. “Firearm” includes BB guns. Del. Code Ann. tit. 11, § 1457. 

“Safe school zones.” With some exceptions, it is a crime to possess a firearm (including a BB gun) in a “safe school zone,” being any building, structure, athletic field, sports stadium, or real property owned, operated, leased, or rented by any public or private kindergarten, elementary, secondary, or vocational-technical school, and any motor vehicle owned, operated, leased, or rented by any such school. The law does not apply to a holder of a valid Delaware concealed carry license only if the firearm is in a motor vehicle. Another exception is a firearm that is in a locked container or locked firearms rack that is in or on a motor vehicle. Del. Code Ann. tit. 11, § 1457A. 

“College or university safe zones.” With some exceptions, it is a crime to possess a firearm (including a BB gun) while in or on any building, structure, athletic field, sports stadium or real property owned, operated, leased, or rented by any public or private college or university, or any motor vehicle owned, operated, leased, or rented by any public or private college or university. This law does not apply to state or locally owned or maintained roads, streets, and pedestrian routes and bike paths pertaining to those roads or streets, running through or adjacent to premises or property owned, operated, or controlled by any public or private college or university, which are open full time to public vehicular traffic. The law also does not apply to a holder of a valid Delaware concealed carry license so long as the firearm is in a motor vehicle, or to a firearm in a locked container or locked firearms rack that is in or on a motor vehicle. Del. Code Ann. tit. 11, § 1457C.

Polling Places. It is a crime to possesses a firearm at a polling place on election day (any day on which in-person voting is offered at a polling place for municipal, school or primary, general, or special elections and extending to two hours before the polls open and two hours after the polls close). The Department of Elections is required to post signs at the entrance of each polling place on election day to notify the public that firearms are not permitted. The law does not apply to an area outside of the actual polling place, such as parking areas or adjoining structures that are not part of the polling place, or to a private residence located at a polling place. Del. Code Ann. tit. 11, § 1457B. 

Jails and other detention facilities. Possession of firearms or firearm parts is prohibited within a detention facility; Del. Code Ann. tit. 11, § 1256. 

Municipal/county buildings. Delaware’s firearm preemption law (see the Preemption section) allows local governments to regulate the possession of firearms, ammunition, and components of firearms in police stations and municipal/county buildings (premises owned or leased for the conduct of official government business, but excluding parking facilities).

However, local governments may regulate the discharge of firearms, subject to the state self-defense laws. It may also regulate the possession of firearms, ammunition, components of firearms, or explosives in police stations and municipal/county buildings (premises owned or leased for the conduct of official government business, but excluding parking facilities).

Such premises restrictions cannot prohibit, among others, anyone carrying a concealed firearm and ammunition pursuant to a valid Delaware carry license, provided the firearm remains concealed. 

Local governments that adopt such premises restrictions must post all areas where possession is restricted with a conspicuous sign at each entrance to the restricted area(s). The sign may also specify that persons in violation may be denied entrance to the building or be ordered to leave the building. Any ordinance adopted by a local government relating to such restricted areas must state that any person who immediately foregoes entry or immediately exits such building due to the possession of a firearm, ammunition, or components of firearms, shall not be guilty of violating the ordinance.

Once the check is initiated, the State Bureau of Identification must either notify the dealer that the private sale or transfer may “proceed” or failing which, 25 days must have elapsed from the date of the request for a background check with no denial having occurred. If the background check reveals that the prospective buyer is prohibited from possessing, purchasing, or owning a firearm, the Bureau must inform the prospective buyer and prospective seller of that fact and the transfer may not take place. The maximum fee that a dealer may charge for the private transfer background check is $30.

“Transfer” is broadly defined to include assigning, pledging, leasing, loaning, giving away, or otherwise disposing of a firearm, although the background check requirement does not apply to some transactions: those in which the prospective buyer holds a current and valid Delaware-issued concealed carry permit, certain transfers between designated family members, transfers of antique firearms, transfers to gunsmiths for purposes of repair or servicing, and specific types of temporary loans of guns, and others. It is a crime to knowingly sell or transfer a firearm in violation of this requirement. Del. Code Ann. tit. 11, §1448B and tit. 24, § 904A(b)(5).

For handguns, effective November 16, 2025, a person who is not an FFL who wishes to purchase or acquire a handgun (whether from a dealer or otherwise) must have a valid handgun qualified purchaser permit (“HQPP”) issued by the State Bureau of Identification – see the section on Licensing or Permitting of Possession/Acquisition. 

A family member or a law enforcement officer may petition for an order based on the allegation that a person (“respondent”) poses a danger of causing physical injury to self or others by controlling, purchasing, owning, possessing, controlling, purchasing, having access to, or receiving a firearm or projectile weapon, and identifying the location of a firearm or projectile weapon it is believed that the respondent currently owns, possesses, has access to, or controls.

Emergency Orders: The petitioner must be a law enforcement officer who alleges that the respondent poses an immediate and present danger. The respondent does not have the right to be heard or to notice that an order is being sought. The court must hold the hearing within 24 hours of the petition being filed. The standard of proof is a preponderance of evidence. Once the order is made, the court may require, as part of the order, that the respondent’s guns, projectile weapons, and ammunition be seized immediately by law enforcement or that the respondent cannot reside with another individual who owns, possesses, or controls a firearm, projectile weapon, or ammunition. A court must hold a followup hearing with notice to the respondent within 15 days after it issues an emergency order. While an emergency order may be extended, the maximum duration of an emergency order is 45 days.  

Nonemergency Proceedings: The respondent has the right to notice of the hearing and to be heard, present evidence and cross examine witnesses. The petitioner may be a family member or law enforcement officer who has to establish by clear and convincing evidence that the respondent poses a danger of causing physical injury to self or others by controlling, owning, purchasing, possessing, having access to, or receiving a firearm or projectile weapon.

Once an order issues, the court may order the respondent to voluntarily relinquish guns, projectile weapons and ammunition to law-enforcement; to relinquish guns, projectile weapons, and ammunition to a person chosen by the respondent (who does not live with the respondent); direct law enforcement to immediately seize the respondent’s guns, projectile weapons, and ammunition; and prohibit the respondent from residing with anyone who owns, possesses, or controls a firearm, projectile weapon, or ammunition.

Orders may be renewed in one-year increments. The maximum duration of a nonemergency order is five years. The respondent may appeal the order or otherwise submit one written request per year during the effective period of the order for a hearing to terminate the order. A person who knowingly violates or fails to obey any provision of an order commits the offense of criminal contempt