Firearm Laws in Delaware

Delaware State Flag
C
  • -- Carry laws are restrictive
  • - Firearm type restrictions
  • + No registration laws
  • - Purchasing laws are restrictive
  • - Self-defense laws are limited
  • - Transport laws are strict

Conceal Carry C

Delaware requires a permit to carry a concealed handgun under Del. Code Ann. tit. 11, § 1441. You can obtain a Concealed Deadly Weapon License (CDWL) from the Delaware Superior Court with input from the Attorney General's Office. To get a CDWL, you must be 18 or older, complete a firearms training course (covering laws, safety, and conflict resolution), and pass a background check with fingerprinting. The process includes publishing your application in a local newspaper at least 10 days before filing, which can raise privacy concerns. Concealed carry is banned in certain places like schools (including within 1,000 feet), courthouses, police stations, and college campuses (Del. Code Ann. tit. 11, § 1457). Private property owners can also ban firearms with proper signage. Violations can lead to felony charges, with penalties up to 3 years in prison.

Costs: A CDWL application costs $65. Fingerprinting costs $15-$30. Training courses typically cost $100-$150. Newspaper publication costs $50-$100. Total costs for a CDWL are usually $230-$345.

Processing Time: CDWL applications are typically processed within 30-60 days, but delays can occur if additional background checks are needed.

Renewal: A CDWL is valid for 2 years initially, then 5 years for renewals. Renewal costs $65 and does not require retraining.

Reciprocity: Delaware honors permits from states that recognize Delaware’s CDWL and meet similar standards, including Alaska, Arizona, and Texas (Del. Code Ann. tit. 11, § 1441A). A Delaware CDWL is recognized by 27 states, such as Florida, Georgia, and Ohio. Always check the laws of the state you're visiting.

Sources: [1] [2] [3] [4]

Open Carry B

Delaware allows open carry of handguns without a permit under Del. Code Ann. tit. 11, § 1442. Anyone 18 or older who can legally possess a firearm can openly carry a handgun in most public places. Open carry is banned in certain places like schools, courthouses, police stations, and state parks’ designated areas such as camping sites and lodges (7 DE Admin. Code 9201). Private property owners can prohibit open carry with proper signage. Long guns, like rifles and shotguns, can be openly carried without a permit, but displaying any firearm in a threatening manner is illegal (Del. Code Ann. tit. 11, § 1459). Violations can lead to misdemeanor charges, with penalties up to 1 year in jail.

Sources: [1] [2] [3] [4]

Firearm Types and Restrictions D

Delaware has strict laws on firearm types. Assault weapons are banned, defined as specific models (e.g., AR-15, AK-47) or semi-automatic firearms with features like pistol grips or detachable magazines (Del. Code Ann. tit. 11, § 1465). Large-capacity magazines (over 17 rounds) are prohibited (Del. Code Ann. tit. 11, § 1469). Silencers, short-barreled rifles/shotguns, and machine guns are banned under state law (Del. Code Ann. tit. 11, § 1444). Ghost guns are legal but must be serialized if manufactured after 2021 (Del. Code Ann. tit. 11, § 1463). Certain people can’t possess firearms, like felons, domestic violence offenders, or those involuntarily committed (Del. Code Ann. tit. 11, § 1448). Firearms are banned in places like schools and courthouses (Del. Code Ann. tit. 11, § 1457). Violations can lead to felony charges, with penalties up to 3 years in prison.

Costs: There are no state fees for owning restricted firearms since most are banned, but federal fees apply for items like silencers ($200 tax stamp) if permitted under federal law.

Processing Time: Federal background checks for restricted items (e.g., silencers) can take 6-12 months through the ATF.

Sources: [1] [2] [3] [4]

Interstate Travel C

Interstate travel with firearms through or into Delaware is allowed under federal law, but you must follow state rules. The federal Firearms Owners' Protection Act (FOPA), under 18 U.S.C. § 926A, lets you transport firearms across state lines if you can legally possess them in your starting and destination states. The firearm must be unloaded, and neither the firearm nor its ammo can be easily reached—store them in a trunk or locked container (not the glove box). Delaware law allows you to transport a handgun in your vehicle if you have a CDWL or a permit from a state Delaware honors (Del. Code Ann. tit. 11, § 1442). Without a permit, handguns must be unloaded and in a locked container. Long guns can be transported without a locked container but must be unloaded. Firearms are banned in certain places like schools and courthouses (Del. Code Ann. tit. 11, § 1457). Violations can lead to felony charges, with penalties up to 3 years in prison.

Sources: [1] [2] [3]

Purchasing D

Purchasing a firearm in Delaware is regulated. You must be 21 to buy a handgun or rifle, or 18 for shotguns (Del. Code Ann. tit. 11, § 1448B). Starting November 2025, a permit to purchase a handgun will be required under House Bill 45 (signed May 16, 2024). All purchases, including private sales (except to family or CDWL holders), require a background check through a licensed dealer (Del. Code Ann. tit. 11, § 1448A). There’s no state waiting period currently, but the new permit law may add delays. Assault weapons and large-capacity magazines (over 17 rounds) can’t be purchased (Del. Code Ann. tit. 11, § 1465). Certain people, like felons or domestic violence offenders, can’t buy firearms (Del. Code Ann. tit. 11, § 1448). Violations can lead to felony charges, with penalties up to 3 years in prison.

Costs: Background checks through a dealer cost $10-$25 per transaction. The upcoming permit to purchase will cost $30 (estimated). Total fees are typically $10-$55 per transaction.

Processing Time: Background checks are usually instant but can take up to 3 days if delayed. The permit to purchase (effective November 2025) may take 30 days to process.

Sources: [1] [2] [3] [4]

Registration A

Delaware does not require firearm registration for most guns. There’s no state law mandating registration when you buy a firearm, move to Delaware, or own a ghost gun (Del. Code Ann. tit. 11, § 1463). However, ghost guns must be serialized if manufactured after 2021. Federal law requires registration for certain items like machine guns through the ATF (National Firearms Act), but these are banned in Delaware. Delaware doesn’t require reporting lost or stolen firearms. There are no penalties for failing to register since registration isn’t required for most firearms.

Sources: [1] [2] [3]

Storage and Safety C

Delaware has some firearm storage laws. Firearms must be stored locked, unloaded, and separate from ammunition if accessible to persons under 18 or prohibited individuals (Del. Code Ann. tit. 11, § 1456). It’s illegal to leave a firearm where a child under 18 can access it if the child uses it to cause injury or death, known as unsafe storage of a firearm (Del. Code Ann. tit. 11, § 1456). Penalties can be a misdemeanor (up to 1 year in jail) or a felony (up to 3 years in prison) if serious harm occurs. There’s no requirement to report lost or stolen firearms, and dealers aren’t required to provide locking devices with purchases.

Sources: [1] [2] [3]

Castle Doctrine B

Delaware follows a Castle Doctrine under Del. Code Ann. tit. 11, § 464, allowing you to use deadly force in your home or workplace if someone unlawfully enters and you reasonably believe they’re a threat to cause death or serious injury. There’s no duty to retreat in your home or workplace, but in public, you must retreat if you can do so safely (Del. Code Ann. tit. 11, § 464(e)). The Castle Doctrine doesn’t extend to vehicles. Using excessive force can lead to charges like manslaughter or murder, with penalties up to 20 years in prison.

Sources: [1] [2] [3]