Delaware Gun Laws

• Permit to Purchase Implementation: By 2026, Delaware is fully enforcing its Handgun Qualified Purchaser Permit system (established by SB 2). This requires residents to obtain a state-issued permit, which mandates a background check and approved training, simply to purchase a handgun, separate from a concealed carry permit.
• Strict Open and Concealed Paradigms: Delaware remains a highly unusual state. While it functions as a "May Issue" (but practically "Shall Issue") state for its Concealed Carry Deadly Weapon (CCDW) license, it also remains a traditional Open Carry state without state preemption issues, though open carrying in urban areas like Wilmington heavily attracts law enforcement scrutiny.
• Aggressive Gun Control Posture: The political climate remains heavily skewed toward strict gun control, with the state strongly enforcing its 2022 assault weapons ban and magazine capacity limits, and continuously looking to expand sensitive place restrictions.

Delaware issues a Concealed Carry Deadly Weapon (CCDW) license. The process is famously archaic and managed through the Superior Court (Prothonotary's Office) rather than a central police agency.

• Minimum Age: 21 years old for a CCDW.
• Training Requirements: Applicants must complete an approved firearms training course that includes live-fire qualification. (Note: Handgun purchase now also requires a basic training course).
• Unique Requirements: Applicants must have their application published in a local county newspaper 10 days before filing, and must submit five character reference questionnaires from citizens residing in the same county.
• Background Checks: A state and FBI fingerprint-based background check is mandatory.
• Application Fees: Approximately $65.00 for the court filing fee, plus fingerprinting costs (~$69.00) and newspaper publication fees which vary.
• Processing Times: Frequently slow; processing through the Attorney General's office and the Superior Court typically takes 3 to 6 months.

Delaware severely restricts magazine capacities and "assault weapons" under recent legislative overhauls.

• Magazine Capacity: Capped at 17 rounds. It is generally unlawful to manufacture, sell, or possess magazines holding more than 17 rounds. Concealed carry permit holders are NOT exempt from this possession ban.
• "Assault Weapon" Bans: Delaware enforces a strict Assault Weapons Ban. Specific firearms (like AR-15s and AK-47s) are banned by name, along with a "copycat" feature test that outlaws semi-automatic centerfire rifles with features like a folding stock or flash suppressor. Grandfathered weapons owned prior to the 2022 ban may be kept but cannot be transferred within the state.
• Restricted Ammunition: Armor-piercing ammunition is prohibited.
• Banned Models: Over 60 specific models of firearms are banned by name in the Delaware Code.

Delaware does not recognize "Stand Your Ground" in public and enforces a duty to retreat.

• Stand Your Ground: No. If you are outside your home, you must retreat from a threat if you can do so with complete safety.
• Castle Doctrine: Yes. Inside your own dwelling, you have no duty to retreat and may use deadly force if you reasonably believe an intruder intends to cause death or serious injury.
• Duty to Retreat: Yes. Delaware law explicitly requires an individual to retreat if attacked in a public space, provided retreating does not expose them to further danger.
• Civil Immunity: No. Delaware provides no statutory immunity from civil lawsuits stemming from a self-defense shooting.

Transportation laws in Delaware are heavily dependent on whether the firearm is completely visible (open carry) or concealed.

• Handguns (With CCDW): May be transported loaded and concealed anywhere within the vehicle.
• Handguns (Without CCDW): Must be carried in plain sight (e.g., openly on the passenger seat or dashboard) to be legal as open carry. If it is hidden from common observation (under a seat or in a glove box), it is considered concealed, and without a permit, this is a felony. Alternatively, transport it unloaded and locked in the trunk.
• Long Guns: Must be completely unloaded when transported in any motorized vehicle to comply with anti-poaching and wildlife laws.
• Federal Gun-Free School Zone Act: A Delaware CCDW exempts the holder from the federal 1,000-foot zone prohibition, but you still cannot enter the actual school property.

Delaware requires a purchaser permit, universal background checks, and heavily regulates private transfers.

• Permit to Purchase: Delaware requires a "Handgun Qualified Purchaser Permit" to buy any handgun, which requires its own background check and training course.
• Dealer & Private Sales: Universal background checks are mandatory. All private sales must be conducted through a licensed FFL who will perform a background check.
• Waiting Periods: While there is no standalone waiting period, the administrative time to acquire the Handgun Qualified Purchaser Permit acts as a de facto waiting period. Furthermore, an FFL cannot transfer a firearm if a background check is delayed until 25 days have passed.
• CCW Bypass: A Delaware CCDW issued after a certain date can act as a substitute for the Handgun Qualified Purchaser Permit, but an FFL background check is still required at the point of sale.

Delaware heavily utilizes its "Lethal Violence Protective Order" (LVPO), the state's version of a Red Flag law.

• Who Can File: Law enforcement officers or a family/household member may petition the court.
• Process and Duration: A court may issue an ex parte temporary order forcing the immediate relinquishment of firearms if there is a finding of imminent danger. A full hearing is held within 15 days. A permanent LVPO can last up to one year and can be extended upon further hearings.
• Appeal: The respondent has the right to present evidence at the hearing and can request the order be vacated by proving they are no longer a danger to themselves or others.

Carrying a concealed deadly weapon in Delaware without a valid CCDW license is a Class G Felony. This is a severe penalty that carries up to 3 years in state prison. If the individual is a prohibited person (such as a convicted felon), the charge becomes "Possession of a Firearm by a Person Prohibited," which is a much higher-class felony with mandatory minimum sentences ranging from 3 to 10 years depending on prior record.

Carrying a firearm into a statutorily prohibited zone, such as a school or a casino slot facility (Safe School and Recreation Zone), elevates the offense further. It frequently results in compounded felony charges and fines up to $10,000, along with the permanent revocation of the individual's CCDW license.