Delaware Gun Laws

Delaware issues a Concealed Deadly Weapons License (CDWL) through the Prothonotary of the Superior Court in the applicant's county of residence. Applicants must be of full age and good moral character, file a written application at least 15 days before the next Superior Court term, submit a certificate signed by five respectable citizens attesting to character and necessity, complete a firearms training course including at least 100 rounds of live fire, and pay a $65 fee. The initial license is valid for 3 years; renewals are for 5 years upon a $65 fee and renewal affidavit.

"A person of full age and good moral character desiring to be licensed to carry a concealed deadly weapon for personal protection or the protection of the person's property may be licensed to do so when the following conditions have been strictly complied with."

11 Del. C. § 1441 statute

The CDWL training course must include safe handling and storage of firearms and ammunition, child safety, shooting fundamentals, federal and state firearms law, Delaware's deadly-force / self-defense law, conflict resolution, and live-fire shooting on a range with at least 100 rounds expended. Training must be sponsored by a law-enforcement agency, a college, a nationally recognized firearms-training organization, or a school with instructors certified by such an organization.

"Live fire shooting exercises conducted on a range, including the expenditure of a minimum of 100 rounds of ammunition."

11 Del. C. § 1441(a)(3) (training requirement) statute

The Superior Court's Prothonotary's Office administers CDWL applications and publishes the eligibility, training, reference, fingerprinting, and renewal requirements. Initial license is 3 years; first and subsequent renewals are 5 years.

"Concealed Deadly Weapons"

Delaware Superior Court — Concealed Deadly Weapons (Prothonotary) ag

Section 1441B is Delaware's state-law implementation of the federal Law Enforcement Officers Safety Act (LEOSA), 18 U.S.C. § 926C. It defines 'qualified retired law-enforcement officer' (separated in good standing, 10+ years of service or service-connected disability separation, current firearms qualification within the last 12 months, no disqualifying mental-health finding, not prohibited under federal law) and authorizes them to carry concealed firearms statewide while carrying the proper identification. This is the definition incorporated by reference into the § 1468 / § 1469 large-capacity-magazine exemption and other Delaware statutes that exempt qualified retired LEOs.

"An individual who is a qualified retired law-enforcement officer and who is carrying the identification required by subsection (d) of this section may carry a concealed firearm that has been shipped or transported in interstate or foreign commerce."

11 Del. C. § 1441B (qualified retired law-enforcement officer carry) statute

Section 926C of Title 18 of the U.S. Code — the federal Law Enforcement Officers Safety Act (LEOSA) — authorizes qualified retired law-enforcement officers to carry concealed firearms across state lines notwithstanding most state and local laws, provided they carry the required photographic identification and meet annual firearms-qualification requirements. Delaware's state-law implementation at 11 Del. C. § 1441B mirrors and incorporates the LEOSA framework, and the § 1441B(c) definition is in turn referenced by Delaware's large-capacity-magazine exemption at § 1469(c).

"An individual who is a qualified retired law enforcement officer and who is carrying the identification required by subsection (d) may carry a concealed firearm that has been shipped or transported in interstate or foreign commerce."

18 U.S.C. § 926C (federal LEOSA — qualified retired law-enforcement officer carry) secondary

Section 1442 makes only CONCEALED carry without a license a criminal offense; openly carrying a handgun is not criminalized for an adult who is not a prohibited person. Open carry is therefore permitless in Delaware as a matter of statutory operation, subject to age-21 purchase restrictions and posted prohibited-places.

"A person is guilty of carrying a concealed deadly weapon when the person carries concealed a deadly weapon upon or about the person without a license to do so as provided by § 1441 of this title."

11 Del. C. § 1442 (criminalizes concealed-only) statute

Delaware's state constitutional right to bear arms (enacted 1987) expressly protects keeping and bearing arms 'for the defense of self, family, home and State, and for hunting and recreational use,' and is the textual basis cited by Delaware courts as broader than the Second Amendment in the open-carry and adult-rights contexts.

"A person has the right to keep and bear arms for the defense of self, family, home and State, and for hunting and recreational use."

Delaware Constitution, Article I, § 20 statute

Delaware has no statutory motor-vehicle exception comparable to peer states. Without a CDWL, carrying a loaded handgun concealed in a vehicle — including in the glove compartment, center console, or any place where it is not visible to ordinary observation — is class D felony concealed carry. CDWL holders may carry concealed in the vehicle on the same terms as elsewhere.

"A person is guilty of carrying a concealed deadly weapon when the person carries concealed a deadly weapon upon or about the person without a license to do so as provided by § 1441 of this title... Carrying a concealed deadly weapon is a class G felony, unless the deadly weapon is a firearm or a projectile weapon, in which case it is a class D felony."

11 Del. C. § 1442 statute

Leaving a firearm unattended in a vehicle is an offense unless stored in a locked box or container, a locked firearms rack, or locked in the trunk. Section 1442(d) makes compliance with § 1456(b) a defense to the concealed-carry charge — meaning a person who is transporting a firearm without a CDWL must keep it locked away in the trunk, a locked container, or a locked firearms rack and unloaded, in line with long-standing Delaware practice for transport.

"A person is guilty of unsafe storage of a firearm in a vehicle when the person knowingly leaves a firearm unattended in a vehicle, and the firearm is not stored in any of the following: (1) A locked box or container. (2) A locked firearms rack that is on a motor vehicle. (3) Locked in the trunk of the vehicle."

11 Del. C. § 1456(b) (unsafe storage of a firearm in a vehicle) and § 1442(d) (defense) statute

Delaware does not recognize all out-of-state permits. The Attorney General publishes an annual qualified-states list each January 15. For the period January 15, 2025 to January 15, 2026, Delaware recognizes CDWL-equivalent licenses from 21 states: AK, AZ, AR, CO, FL, ID (Enhanced only), KS, KY, ME, MI, MO, NM, NC, ND (Class 1 only), OH, OK, SD (Enhanced only), TN, TX, UT, and WV. Delaware CDWL holders may carry in those 21 states plus Idaho, Indiana, and Vermont under those states' separate reciprocity provisions.

"Delawareans who have a Delaware concealed deadly weapons permit may be able to possess a concealed deadly weapon while visiting or traveling through the states listed above, and also in Idaho, Indiana and Vermont."

Delaware Department of Justice — Concealed Carry Deadly Weapons (Qualified States List, Jan 15, 2025 – Jan 15, 2026) ag

Section 1441 authorizes the Attorney General to publish, on January 15 of each year, the list of states whose concealed-deadly-weapons licenses Delaware recognizes; the list is valid for one year and no state may be removed without one year's notice.

"The Attorney General shall publish on January 15 of each year a list of all States which have qualified for reciprocity under this subsection."

11 Del. C. § 1441(j) (statutory reciprocity authority) statute

Delaware codifies a castle doctrine: a person has no duty to retreat in or from the person's dwelling before using force, including deadly force, in self-protection. Section 469 separately provides a defense for an occupant who injures or kills an intruder unlawfully in the dwelling when the encounter was sudden and unexpected, when the occupant reasonably believed the intruder would inflict personal injury, or when the intruder refused to disarm or surrender on demand.

"The defendant is not obliged to retreat in or from the defendant's dwelling; and the defendant is not obliged to retreat in or from the defendant's place of work, unless the defendant was the initial aggressor."

11 Del. C. § 464(e)(2)(a) and § 469 statute

Delaware is NOT a stand-your-ground state. Section 464(e)(2) bars justification for deadly force when the defendant knows that the necessity of using deadly force can be avoided with complete safety by retreating, by surrendering possession to a person asserting a claim of right, or by complying with a demand to abstain from a non-obligatory act. Exceptions exist for the dwelling and the workplace (unless the defendant was the initial aggressor at work).

"The use of deadly force is not justifiable under this section if... the defendant knows that the necessity of using deadly force can be avoided with complete safety by retreating, by surrendering possession of a thing to a person asserting a claim of right thereto or by complying with a demand."

11 Del. C. § 464(e)(2) statute

Delaware imposes no statutory duty for a carrier to proactively notify a law-enforcement officer that they are armed. CDWL holders must carry the license and produce it on demand by a law-enforcement officer. The Delaware State Police's traffic-stop guidance recommends voluntary disclosure as a courtesy, not a legal requirement.

"The license issued upon initial application shall be valid for 3 years."

11 Del. C. § 1441 (CDWL display on demand only) statute

Knowing possession of a firearm or projectile weapon in any K-12 or vocational-technical Safe School Zone — including buildings, athletic fields, sports stadiums, real property, and school-owned vehicles — is a class E felony. A CDWL holder is exempt from prosecution only if the firearm is inside a motor vehicle.

"Any person who knowingly possesses a firearm or projectile weapon while in a Safe School Zone shall be guilty of the crime of possession of a firearm or projectile weapon in a Safe School Zone... [exception:] A holder of a valid license to carry concealed deadly weapons under § 1441 of this title, but only if the firearm or projectile weapon is in a motor vehicle."

11 Del. C. § 1457A (Safe School Zone) statute

Knowing possession of a firearm in a college or university 'safe zone' — including buildings, real property, and school-owned vehicles — is a class A misdemeanor. A CDWL holder is exempt only if the firearm is in a vehicle. Lawful hunting, firearm instruction, and firearm-related sports at a time, place, and manner authorized by the institution are excepted.

"Any person who knowingly possesses a firearm while in or on a college or university safe zone is guilty of the crime of possession of a firearm in a college or university safe zone."

11 Del. C. § 1457C (college or university safe zone) statute

Knowing possession of a firearm or projectile weapon at a polling place on election day (including 2 hours before opening and 2 hours after closing) is a class A misdemeanor. Limited exceptions exist for law enforcement, commissioned security guards, constables on duty, active-duty military, and persons traveling through a polling place to a private residence located within it.

"Except as otherwise provided under subsection (c) of this section, a person who knowingly possesses a firearm or projectile weapon at a polling place on election day is guilty of possession of a firearm or projectile weapon at a polling place."

11 Del. C. § 1457B (polling place) statute

Carrying a concealed deadly weapon, possessing a destructive weapon, or other listed weapons offenses committed inside a 'Safe Recreation Zone' (publicly or privately operated recreation centers, athletic fields, and sports stadiums) are graded one classification higher than the underlying offense, with juvenile firearm possession in such zones criminalized separately.

"Any person who commits any of the offenses described in subsection (b) of this section, or any juvenile who possesses a firearm or projectile weapon and does so while in or on a 'Safe Recreation Zone' shall be guilty of the crime of possession of a weapon in a Safe Recreation Zone."

11 Del. C. § 1457 (Safe Recreation Zone) statute

Possession of a firearm or projectile weapon in a public place — including bars, restaurants, parks, transportation facilities, and other public places — while under the influence of alcohol (.08 BAC) or drugs is a class A misdemeanor, escalating to a class G felony on a second offense. It is an affirmative defense that the firearm was not readily operable or no ammunition was possessed.

"A person is guilty of possession of a firearm or projectile weapon while under the influence of alcohol or drugs when the person possesses a firearm or projectile weapon in a public place while under the influence of alcohol or drugs."

11 Del. C. § 1460 (firearm + alcohol/drugs) statute

Federally licensed dealers must run all firearm transfers through the State Bureau of Identification (SBI) under Delaware's Firearm Transaction Approval Program. For handguns, the buyer must also hold a valid Handgun Qualified Purchaser Permit (HQPP) under § 1448D — except that CDWL holders are explicitly exempt from the HQPP requirement. Antique firearms (pre-1899), certain replicas, shotguns, and law-enforcement transactions are excepted.

"A licensed importer, licensed manufacturer, or licensed dealer may not sell, transfer, or deliver from inventory any firearm to any other person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, without conducting a background check by the State Bureau of Identification."

11 Del. C. § 1448A (dealer background checks + HQPP requirement) statute

Private transfers of firearms between unlicensed individuals must be processed through a licensed firearms dealer with an SBI background check. The HQPP requirement also applies to handgun transfers between private parties. Family-member transfers (parent, child, sibling, spouse, in-law, grandparent, etc.) and antique-firearm transfers are statutorily exempt. CDWL holders are also exempt from § 1448B.

"An unlicensed person may not sell or transfer any firearm to any other unlicensed person without having conducted a background check through a licensed firearms dealer in accordance with § 1448A of this title."

11 Del. C. § 1448B (universal background check for unlicensed sales) statute

The Handgun Qualified Purchaser Permit (HQPP) is issued by the State Bureau of Identification (within the Delaware State Police) on application by a person who is at least 21, is not a prohibited person under § 1448, and within the prior 5 years has completed a firearms training course (same elements as the CDWL course plus suicide-prevention instruction). CDWL holders, qualified law-enforcement officers, qualified retired law-enforcement officers, and certain other categories are exempt. The HQPP took effect November 16, 2025.

"The SBI shall, on application, issue a handgun qualified purchaser permit to all of the following: (1) A person not disqualified under subsection (f) of this section."

11 Del. C. § 1448D (Handgun Qualified Purchaser Permit) statute

The Delaware State Police implement the HQPP program with online application, fingerprint capture via IdentoGO (service code 27S8N2), and an approved firearms safety course. By law SBI must issue a decision within 30 days of a complete application. CDWL holders, qualified active and retired law-enforcement officers, sheriffs, FFLs, military members, NRA-certified instructors, and holders of a Delaware hunter safety certification are exempt from the training requirement.

"CCDW holders are not required to apply for a handgun purchaser permit."

Delaware State Police — Permit to Purchase ag

Section 921 of Title 18 of the U.S. Code sets the federal definitions of 'firearm,' 'antique firearm,' 'licensed dealer,' 'licensed importer,' 'licensed manufacturer,' and related terms used throughout the federal Gun Control Act. Delaware's large-capacity-magazine statute (11 Del. C. § 1468) and dealer-background-check statute (11 Del. C. § 1448A) incorporate the § 921 federal-licensee framework by reference when describing who counts as a 'licensed firearms dealer.'

"The term 'firearm' means (A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (B) the frame or receiver of any such weapon; (C) any firearm muffler or firearm silencer; or (D) any destructive device. Such term does not include an antique firearm."

18 U.S.C. § 921 (federal firearm definitions) secondary

Delaware prohibits persons under 21 from purchasing, owning, possessing, or controlling a firearm. Exceptions: shotguns and shotgun ammunition, muzzle-loading rifles, deadly weapons other than firearms if 18+, active U.S. armed-forces and National Guard members 18+, qualified law-enforcement officers 18+, CDWL holders 18+, and hunting/instruction/sporting activity under direct supervision of a person 21+. This is HB 451 (2022), codified at 83 Del. Laws c. 329. NOTE: Portions affecting 18-20-year-olds were enjoined by Kent County Superior Court in August 2025 (Birney v. Del. DSHS) on Delaware Constitution Article I, § 20 grounds.

"Any person under the age of 21. a. This paragraph (a)(5) shall not apply to the purchase, owning, possession, or control of the following deadly weapons: 1. A shotgun as defined in § 1444(c) of this title or ammunition for a shotgun. 2. A muzzle-loading rifle as defined in § 704(f) of Title 7."

11 Del. C. § 1448(a)(5) statute

Section 704(f) of Title 7 — Delaware's wildlife and game code — supplies the definition of 'muzzle-loading rifle' that is incorporated by reference into the under-21 firearm-purchase exception at 11 Del. C. § 1448(a)(5). A 'muzzle-loading rifle' is a single-barrel black-powder gun loaded through the muzzle, with rifling, ignited by flint-and-frizzen or percussion cap, having a minimum bore of 0.42 inches (10.67 mm) and a minimum 62-grain (4-gram) powder charge. An 18-20-year-old in Delaware may therefore lawfully purchase a muzzle-loading rifle meeting this definition.

"A muzzle-loading rifle, meaning a single-barrel gun which is loaded with black powder and projectile through the muzzle, having distinct rifling the full length of the bore, shooting a spherical or conical projectile, ignited by a flint striking a frizzen or by a percussion cap, having a minimum bore of 0.42 inches (10.67 mm), minimum powder charge of 62 grains (4 grams)."

7 Del. C. § 704(f) (muzzle-loading rifle definition) statute

Federal law requires federally licensed dealers to sell handguns only to buyers 21 and older and long guns only to buyers 18 and older. Delaware's 21+ floor for ALL firearm purchases (HB 451, 2022) sits above the federal long-gun minimum.

"A licensee may not sell a handgun to anyone under the age of 21. A licensee may not sell a long gun to anyone under the age of 18."

18 U.S.C. § 922(b)(1) (federal floor) atf

Delaware does not maintain a general firearm registry. The only registration-style mechanism is a VOLUNTARY 'certificate of possession' issued by the Department of Safety and Homeland Security for assault weapons lawfully owned before June 30, 2022, used as conclusive evidence of pre-ban ownership; the Department does not retain individually identifying records.

"That the Department will not retain copies of the certificate or other identifying information relating to any individual who applies for a voluntary certificate of possession."

11 Del. C. § 1467 (voluntary AWB certificate) statute

Delaware has an Extreme Risk Protection mechanism since 2018: after a law-enforcement agency receives a § 5402 or § 5403 report (mental-health crisis report), it must seek an immediate ex parte Justice of the Peace order requiring the individual to relinquish firearms, projectile weapons, and ammunition if there is probable cause that the individual is dangerous to others or self and in possession of firearms. The Department of Justice must then file a petition in Superior Court within 30 days for an ongoing relinquishment order, with the individual entitled to a hearing within 15 days.

"If the law-enforcement agency determines that there is probable cause that the individual is dangerous to others or self and in possession of a firearm, projectile weapon, or ammunition, the law-enforcement agency shall... Immediately seek an order from the Justice of the Peace Court that the individual relinquish a firearm, projectile weapon, or ammunition owned, possessed, or controlled by the individual."

11 Del. C. § 1448C (civil firearm relinquishment) statute

Section 5402 of Title 16 sets the threshold for mental-health-provider duty to warn that triggers the § 1448C firearm-relinquishment process. A provider must take reasonable precautions — including reporting to law enforcement — when a patient communicates an explicit and imminent threat to kill or seriously injure a clearly identified victim, or to commit a specific violent act, and the patient has an apparent intent and ability to carry it out.

"The patient has communicated to the mental health services provider, institution, agency, or hospital an explicit and imminent threat to kill or seriously injure a clearly identified victim, or to commit a specific violent act or to destroy property under circumstances which could easily lead to serious personal injury or death, and the patient has an apparent intent and ability to carry out the threat."

16 Del. C. § 5402 (mental-health provider duty to warn) statute

Section 5403 of Title 16 permits a mental-health provider to disclose confidential patient communications to law enforcement when the provider concludes the patient is 'dangerous to others' or 'dangerous to self' under the 11 Del. C. § 1448C(a) definitions — without requiring an explicit threat to an identifiable victim. This is the discretionary disclosure pathway that feeds Delaware's red-flag relinquishment process and immunizes the provider from civil or criminal liability for the disclosure.

"A mental health service provider, institution, agency, or hospital may disclose confidential communications made by or relating to a patient to law enforcement if the mental health service provider, institution, agency, or hospital concludes that the patient is 'dangerous to others' or 'dangerous to self,' as these terms are defined in § 1448C(a) of Title 11."

16 Del. C. § 5403 (discretionary disclosures to law enforcement) statute

Section 1465 is the definitional backbone of Delaware's assault-weapon ban. It defines 'assault long gun' as a named list of 44 specific semi-automatic rifles and shotguns (including the Colt AR-15, AK-47 variants, FN FAL, SIG 550/551, Ruger Mini-14 folding-stock, Steyr-AUG, Galil, HK-91/93/94, Springfield Armory BM-59/SAR-48, and others) plus 'copies, regardless of producer or manufacturer.' It separately defines 'assault pistol' (the 19 named handgun list including TEC-9, MAC-10/11, UZI pistol) and the 'copycat weapon' feature-test categories that § 1466 then prohibits.

"'Assault long gun' means any of the following or a copy, regardless of the producer or manufacturer: a. American Arms Spectre da Semiautomatic carbine. b. Avtomat Kalashnikov semiautomatic rifle in any format, including the AK-47 in all forms... o. Colt AR-15, CAR-15, and all imitations except Colt AR-15 Sporter H-BAR rifle."

11 Del. C. § 1465 (assault-weapon definitions) statute

Delaware bans the manufacture, sale, offer to sell, transfer, purchase, receipt, transport, or possession of 'assault weapons' — defined in § 1465 as a list of 44 named semi-automatic long guns (including AR-15, AK-47, Mini-14 folding-stock, FN FAL, SIG 550/551), 19 named semi-automatic pistols (TEC-9, MAC-10/11, UZI pistol, HK SP-89), and 'copycat weapons' meeting feature-test criteria (folding/telescoping stock, pistol grip, forward grip, flash suppressor, grenade launcher, threaded barrel, etc.). Pre-June 30, 2022 owners may possess and transport at residence, business, range, gun show, or certain other locations under § 1466(c)(3). Violation is a class E or F felony.

"Except as provided in subsection (b) or (c) of this section, it is unlawful for a person to do any of the following: (1) Transport an assault weapon into this State. (2) Manufacture, sell, offer to sell, transfer, purchase, receive, or possess an assault weapon."

11 Del. C. § 1466 (Delaware Lethal Firearms Safety Act of 2022) statute

The Third Circuit affirmed the District of Delaware's denial of a preliminary injunction against Delaware's assault-weapon ban (§ 1466) and 17-round large-capacity-magazine ban (§ 1469). The ruling was procedural — based on the challengers' failure to show irreparable harm — and not a merits decision on Second Amendment grounds. Both laws remain in force; the District Court trial on the merits is proceeding. Panel: Bibas, Montgomery-Reeves, and Roth, C.JJ.

"We will thus affirm the District Court's order denying a preliminary injunction."

Delaware State Sportsmen's Ass'n v. Del. Dep't of Safety & Homeland Sec., Nos. 23-1633, 23-1634, 23-1641 (3d Cir. July 15, 2024) court

Section 1468 is the definitional companion to § 1469. It defines 'large-capacity magazine' as any ammunition-feeding device capable of accepting — or that can readily be converted to hold — more than 17 rounds. It carves out attached tubular devices designed only for .22 rimfire ammunition, and clarifies that the presence of a removable floor plate on an otherwise-compliant magazine is not, by itself, evidence of ready convertibility. The section also incorporates the federal-licensed-dealer definition from 18 U.S.C. § 921 and references the qualified retired law-enforcement officer definition at 11 Del. C. § 1441B(c).

"'Large-capacity magazine' means any ammunition feeding device capable of accepting, or that can readily be converted to hold, more than 17 rounds of ammunition... 'Large-capacity magazine' does not include an attached tubular device designed to accept, and only capable of operating with, .22 caliber rimfire ammunition."

11 Del. C. § 1468 (large-capacity magazine definitions) statute

Delaware prohibits the manufacture, sale, purchase, transfer, receipt, or possession of any ammunition-feeding device capable of accepting more than 17 rounds, or that can readily be converted to do so. Tubular .22 rimfire devices are excepted. A first-offense possession-only violation is a $100 civil penalty; second possession-only violation is a class B misdemeanor; all other violations are class E felonies. CDWL holders are statutorily EXEMPT from § 1469 — meaning a Delaware concealed-carry licensee may possess magazines over 17 rounds. Law enforcement, qualified retired law-enforcement officers, and military members are also exempt.

"This section does not apply to any of the following:... (5) An individual who holds a valid concealed carry permit issued by the Superior Court under § 1441 of this title."

11 Del. C. § 1469 (Delaware Large-Capacity Magazine Prohibition Act of 2022) statute

Section 1469A is the felony-enhancement companion to § 1469. Possessing a large-capacity magazine (as defined in § 1468) during the commission of any felony is itself a separate class B felony, regardless of whether the underlying felony for which the person is convicted is a lesser-included offense of the originally charged felony. This is the statute cited alongside § 1468 in HB 6 (83 Del. Laws c. 331) and gives Delaware prosecutors an independent sentencing enhancement.

"It is unlawful for a person to possess a large-capacity magazine during the commission of a felony... Possession of a large-capacity magazine during the commission of a felony is a class B felony."

11 Del. C. § 1469A (large-capacity magazine during commission of a felony) statute

Delaware bans civilian possession of firearm silencers as 'destructive weapons' under § 1444(a)(3) — possession is a class E felony with NO general NFA-compliance defense (the only carve-outs are for active military, police, and certified state/federal wildlife biologists possessing silencers for wildlife disease or population control). Sawed-off shotguns are similarly banned. Machine guns are banned except when 'duly registered under the National Firearms Act' and used for 'scientific or experimental research and development purposes' — there is no general possession defense for civilian machine guns. Bump stocks, trigger cranks, and rapid-fire devices are banned at the misdemeanor/felony level depending on offense count.

"A person is guilty of possessing a destructive weapon when the person makes, sells, transfers, buys, receives, or has possession of any of the following: (1) A bomb. (2) A bombshell. (3) A firearm silencer. (4) A sawed-off shotgun. (5) A machine gun or any other firearm or weapon which is adaptable for use as a machine gun. (6) A bump stock, trigger crank, or rapid fire device."

11 Del. C. § 1444 (silencers, sawed-off shotguns, machine guns, bump stocks) statute

Delaware municipalities are preempted from enacting any law, ordinance, or regulation prohibiting, restricting, or licensing the ownership, transfer, possession, or transportation of firearms, components, or ammunition. The only exception is regulation of firearm DISCHARGE, provided the local ordinance incorporates the Title 11 justification defenses. Pre-1985 municipal ordinances were grandfathered; post-1985 ordinances are repealed. Limited authority remains for restricted possession in police stations and municipal buildings with conspicuous signage.

"The municipal governments shall enact no law, ordinance or regulation prohibiting, restricting or licensing the ownership, transfer, possession or transportation of firearms or components of firearms or ammunition except that the discharge of a firearm may be regulated."

22 Del. C. § 111 (municipal preemption) statute

Delaware county governments are likewise preempted from enacting firearm ownership, transfer, possession, or transportation regulations, subject to the same discharge-regulation exception and the same incorporation-of-justification-defenses condition.

"Counties... shall enact no law, ordinance or regulation prohibiting, restricting or licensing the ownership, transfer, possession or transportation of firearms or components of firearms or ammunition."

9 Del. C. § 330 (county preemption) statute

Approved June 30, 2022. Codified at 11 Del. C. §§ 1464-1467, enacted the assault-weapon ban: defined list of semi-automatic long guns and pistols plus 'copycat' feature-test criteria. Pre-enactment owners may continue to possess but only at residence, business, range, gun show, and certain other listed locations. Voluntary certificate of possession available through the Department of Safety and Homeland Security.

"Delaware Lethal Firearms Safety Act of 2022"

83 Del. Laws c. 328 (HB 450 — Delaware Lethal Firearms Safety Act of 2022) statute

Approved June 30, 2022. Amended 11 Del. C. § 1448(a)(5) to raise the minimum age for firearm purchase, ownership, possession, and control to 21, with exceptions for shotguns/muzzle-loaders, military members 18+, law-enforcement 18+, CDWL holders 18+, and supervised hunting/sporting use. Kent County Superior Court partially invalidated this provision as applied to 18-20-year-olds in Birney v. Del. DSHS (Aug. 29, 2025) on state-constitutional grounds.

"AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO FIREARMS"

83 Del. Laws c. 329 (HB 451 — minimum purchase age 21) statute

Approved June 30, 2022. Codified at 11 Del. C. §§ 1468-1469A. Banned magazines over 17 rounds. First-offense possession: $100 civil fine; second: class B misdemeanor; all other violations: class E felony. Statutory exemptions for law enforcement, qualified retired law-enforcement officers, active military, and Delaware CDWL holders.

"Delaware Large-Capacity Magazine Prohibition Act of 2022"

83 Del. Laws c. 331 (SS 1 for SB 6 — Delaware Large-Capacity Magazine Prohibition Act of 2022) statute

Approved May 16, 2024. Codified at 11 Del. C. § 1448D (and amendments to § 1448A and § 1448B). Created the Handgun Qualified Purchaser Permit (HQPP) issued by the SBI. Effective November 16, 2025. Requires a firearms safety course completed within the prior 5 years (similar to the CDWL course plus suicide-prevention instruction). CDWL holders are exempt and do not need an HQPP to purchase a handgun.

"AN ACT TO AMEND TITLE 11, TITLE 24, AND TITLE 29 OF THE DELAWARE CODE RELATING TO DEADLY WEAPONS"

84 Del. Laws c. 259 (SB 2 — Handgun Qualified Purchaser Permit) statute

Kent County Superior Court (Judge Reneta L. Green-Streett) held on August 29, 2025 that the under-21 firearm restrictions in HB 451 (codified at § 1448(a)(5)) violate Article I, § 20 of the Delaware Constitution as applied to Delawareans aged 18-20. The ruling eliminated the direct-supervision provision for 18-20-year-old hunters effective for the 2025-26 hunting season. Other portions of HB 451 not affecting 18-20-year-olds remain in force. The State has appealed.

"Delaware's constitutional right to keep and bear arms extends to all Delawareans aged 18 or older."

Birney v. Del. Dep't of Safety & Homeland Sec., C.A. No. K23C-07-019 RLG (Del. Super. Ct. Aug. 29, 2025) ag

Codified at 11 Del. C. §§ 1448A, 1448B, and 1448D. Created the HQPP issued by the State Bureau of Identification with a firearms safety course requirement (similar to CDWL course plus suicide-prevention instruction), fingerprint background check, and SBI decision within 30 days. CDWL holders, qualified active/retired law-enforcement officers, sheriffs, FFLs, military members, and certain instructors are exempt. Effective date set by 84 Del. Laws c. 259, § 5 (18 months from signing).

84 Del. Laws c. 259 (SB 2, signed May 16, 2024)

In Birney v. Del. Dep't of Safety & Homeland Sec. (C.A. No. K23C-07-019 RLG), Judge Reneta L. Green-Streett held that Delaware Constitution Article I, § 20 protects 18-20-year-old Delawareans' right to keep and bear arms, invalidating HB 451's under-21 firearm-purchase prohibition as applied to that age group. The direct-supervision requirement for 18-20 hunters no longer applies. Other portions of HB 451 not affecting that age group remain in force. The State has appealed.

Birney v. Del. DSHS, C.A. No. K23C-07-019 RLG (Del. Super. Aug. 29, 2025)

In Delaware State Sportsmen's Ass'n v. Del. DSHS (Nos. 23-1633/23-1634/23-1641), the Third Circuit (Bibas, Montgomery-Reeves, Roth) affirmed the District of Delaware's denial of a preliminary injunction against the assault-weapon and 17-round magazine bans. The decision was procedural (no irreparable harm shown), not a merits ruling — the District Court trial on the Second Amendment claims is proceeding.

Third Circuit Opinion (3d Cir. July 15, 2024)

Codified at 11 Del. C. §§ 1464-1467, banned the manufacture, sale, transfer, purchase, receipt, transport, or possession of named-list assault weapons (44 long guns, 19 pistols) plus 'copycat' weapons meeting feature-test criteria. Pre-enactment owners may continue to possess subject to location restrictions; a voluntary certificate of possession is available from the Department of Safety and Homeland Security.

83 Del. Laws c. 328 (HB 450)

Codified at 11 Del. C. § 1448(a)(5), raised the minimum age to purchase, own, possess, or control any firearm to 21, with exceptions for shotguns, muzzle-loading rifles, deadly weapons other than firearms (18+), military and law-enforcement, CDWL holders, and supervised hunting/sporting. Partially struck down as applied to 18-20-year-olds by Kent County Superior Court in Birney v. Del. DSHS (Aug. 29, 2025); under appeal.

83 Del. Laws c. 329 (HB 451)

Codified at 11 Del. C. §§ 1468-1469A, banned magazines over 17 rounds. First-offense possession is a $100 civil fine, second is class B misdemeanor, other violations are class E felonies. Statutory exemptions for CDWL holders, law enforcement, qualified retired law-enforcement officers, and active military.

83 Del. Laws c. 331 (SS 1 for SB 6)