Delaware Gun Laws: Complete Guide

Private Firearm Sales in Delaware

• Delaware requires an unlicensed transferor to use a licensed firearms dealer for most private transfers. The dealer verifies identity, conducts the State Bureau of Identification background check through FTAP, and keeps the required records. [6][5]
• For a handgun transfer, the recipient must also present a valid handgun qualified purchaser permit unless exempt. A valid Delaware CCDW license is one of the principal purchaser-permit exemptions. [2][5]
• Narrow exceptions include specified short loans, temporary transfers in the owner's continuous presence, gunsmith transfers, inheritance or operation-of-law transfers, and qualifying immediate-family transfers. Each exception has detailed conditions. [6][4]
• An interstate transfer generally must use an FFL and must comply with the recipient state's law. Delaware's assault-weapon, magazine, age, purchaser-permit, and prohibited-person rules remain applicable. [4][7]

Important notice: A bill of sale does not replace FTAP approval or a qualified purchaser permit. Confirm that an exemption covers the exact parties, relationship, duration, purpose, and firearm before transferring directly. [6][5]

Buying a Firearm in Delaware

• Every ordinary dealer sale requires a background check through Delaware's Firearm Transaction Approval Program. A private sale generally uses the same system through a licensed dealer. [5][1]
• To purchase a handgun, an ordinary Delaware resident generally must first obtain a handgun qualified purchaser permit by completing approved training, submitting fingerprints, and passing the permit background check. The transfer still requires its own FTAP approval. [2][5]
• A valid Delaware CCDW license holder and specified law-enforcement, military, dealer, security, instructor, hunter-safety, and competitive-shooting categories may qualify for statutory exemptions or modified training treatment. [2][5]
• Federal dealers generally may sell long guns at age 18 and handguns at age 21. Delaware's handgun purchaser permit and state prohibited-person rules apply in addition to those federal minimums. [14][2][4]
• Delaware has no separate mandatory fixed waiting period after a proceed decision. A transfer can nevertheless remain pending until FTAP approves it, and the private-transfer statute describes a 25-day default-proceed rule when no denial has occurred. [5]

Firearm Ownership and Prohibited Persons

• Delaware does not require a recurring general owner license or registration for every ordinary firearm. A purchaser permit governs handgun acquisition, while grandfathered assault weapons require certificates and dealers retain transaction records. [2][7]
• Delaware prohibits firearm and ammunition possession by multiple categories, including people with specified felony, violent-misdemeanor, juvenile, protection-order, mental-health, and drug-related disqualifications. Federal prohibitions apply independently. [4][8]
• A handgun purchaser permit, CCDW license, pardon, expungement, or passage of time does not necessarily resolve every state and federal disability. Verify both systems before possession or acquisition. [4][2][3]

Carrying a Firearm in Delaware

• Delaware generally permits open carry by an eligible adult without a CCDW license, but the firearm must actually be open rather than concealed and the carrier must obey restricted-place, intoxication, threatening-conduct, and private-property rules. [4][9]
• Concealed carry generally requires a license issued by the Delaware Superior Court. Residents apply through the Prothonotary in their county and complete publication, five references, fingerprints, an Attorney General investigation, court review, and approved live-fire training. [3]
• Delaware recognizes licenses from states determined by the Attorney General under the statutory reciprocity process. Visitors must verify that their state is currently recognized and comply with Delaware law. [3][4]
• A CCDW license does not override prohibited locations or private-property rules. It does provide an exemption from the separate handgun qualified purchaser permit and is a qualifying category under the large-capacity-magazine statute. [2][4][3]

Self-Defense and Castle Doctrine in Delaware

• Article I, Section 20 of the Delaware Constitution states that "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." [10]
• Under Title 11, Section 464, the use of force against another person is justified when a person reasonably believes it is immediately necessary to protect against the other person's unlawful force. Deadly force is justified only when the person reasonably believes it is necessary to protect against death, serious physical injury, kidnapping, or compelled sexual intercourse. [11]
• Delaware imposes a duty to retreat before using deadly force if the person knows the necessity can be avoided with complete safety by retreating, surrendering possession, or complying with a demand to abstain from an act the person has no legal duty to perform. There is no duty to retreat, however, from the person's own dwelling or place of work, unless the person was the initial aggressor there — a narrower, dwelling/workplace-limited version of castle doctrine rather than a general no-retreat rule. [11]
• Separately, Title 11, Section 466 justifies force to prevent criminal trespass or burglary on real property, or theft, criminal mischief, or other trespassory taking of tangible movable property, in the person's possession or another's possession the person is protecting. [12]

Important notice: A justified self-defense claim under Section 464 is a defense to criminal charges — it does not by itself guarantee immunity from a civil lawsuit. Delaware's confirmed civil-immunity language sits in the defense-of-property statute (Section 466(d)): a person who used force to protect property and was not convicted of any related crime is not civilly liable to the person the force was used against. This pass could not confirm equivalent express civil-immunity statutory text for ordinary self-defense of a person under Section 464 — treat the criminal-justification and civil-liability questions separately and consult a Delaware attorney after any use of force. [11][12]

Transporting Firearms in Delaware

• A CCDW license generally authorizes concealed vehicle carry. Without a license, a handgun in a vehicle must remain carried openly under Delaware case law and should not be hidden in a way that makes it a concealed deadly weapon. [3][4]
• When a vehicle is unattended, a firearm must be secured in a locked box or container, a locked firearm rack attached to the vehicle, or the locked trunk. A CCDW license is not a defense to violating this unattended-vehicle rule. [4]
• Grandfathered assault weapons may be transported only for listed lawful purposes and under secure transport conditions. Hunting law separately restricts loaded firearms in or on vehicles when taking wildlife. [7][4]
• For interstate travel, 18 U.S.C. 926A protects only qualifying unloaded and inaccessible transportation between places where possession is lawful. It does not legalize a prohibited Delaware firearm or destination. [16]

Restricted Firearms and Accessories

• Delaware prohibits the transport into the state, manufacture, sale, transfer, purchase, receipt, and possession of listed and feature-defined assault weapons. Narrow exceptions cover specified official uses and qualifying firearms lawfully possessed before the 2022 ban with the required certificate. [7][4]
• A large-capacity magazine generally means an ammunition feeding device capable of accepting or readily being converted to hold more than 17 rounds. Manufacture, sale, purchase, receipt, transfer, and possession are generally prohibited unless an exemption applies. [4]
• The magazine exemptions include specified law-enforcement and military categories, qualified retired officers, licensed dealers in authorized transactions, and holders of a valid Delaware CCDW license. A device permanently modified to 17 rounds or fewer is excluded. [4][3]
• Delaware classifies firearm silencers, sawed-off shotguns, machine guns, bump stocks, trigger cranks, and rapid-fire devices as prohibited destructive weapons, subject to narrow statutory exceptions. Federal NFA approval alone does not create a general Delaware exception. [4][15]
• A Delaware lethal violence protective order can prohibit a respondent from controlling, owning, purchasing, possessing, accessing, or receiving firearms and projectile weapons. Emergency and nonemergency proceedings have different hearing procedures. [8]

Safe Storage, Minors, and Lost Firearms

• A person may commit unsafe storage when a loaded firearm is intentionally or recklessly left within easy access of a child or prohibited person, that person obtains it, and it was not secured by a qualifying container, lock, or location. [4]
• An unattended firearm in a vehicle must be in a locked container, a locked rack attached to the vehicle, or the locked trunk. Enhanced penalties can apply when an unauthorized person obtains and criminally uses or transfers it. [4]
• An owner generally must report a lost or stolen firearm or projectile weapon within seven days after discovery to the agency with jurisdiction where it occurred or to any Delaware State Police troop. [4]

Where Firearms May Be Restricted

• Delaware restricts firearms in K–12 school zones, college and university safe zones, courthouses and secured government buildings, correctional facilities, polling places on election day, and other state or federal locations, subject to detailed exceptions. [4]
• State and local governments may restrict firearms on property they own or control, including buildings, installations, bases, and parks. Counties and municipalities may also regulate unsafe discharge. [9]
• Private property owners may prohibit firearms. Open carry or a CCDW license does not override a property restriction, court security, school rule, federal law, or a statute governing a particular weapon. [4][3]
• Check current signage and the policy for the exact school, campus, park, government building, workplace, event, or private business before carrying. [4][9]

Local Firearm Laws and State Preemption

• Delaware generally prevents county and municipal governments from prohibiting, restricting, or licensing firearm or ammunition ownership, transfer, possession, and transportation. [9]
• Local governments may regulate firearm discharge and may prohibit or restrict firearms on property, installations, buildings, bases, and parks that they own or control, subject to statutory procedures and exceptions. [9]
• Check the current local code for discharge rules and government-property restrictions even when state law otherwise permits possession or open carry. [9][4]

Before Completing a Private Firearm Sale in Delaware

• Arrange most private transfers through a licensed Delaware dealer using the Firearm Transaction Approval Program. [6][5]
• For a handgun, verify the buyer's valid qualified purchaser permit or documented statutory exemption, including a valid Delaware CCDW license where applicable. [2][5]
• Confirm the buyer's identity, age, Delaware residency where required, and state and federal eligibility before delivery. [2][14][4]
• Do not transfer a prohibited assault weapon, destructive weapon, or magazine over 17 rounds unless a specific exception covers the transaction and recipient. [7][4]
• Keep the dealer receipt and any supplemental bill of sale; private paperwork does not replace FTAP or permit requirements. [6][5]
• Secure the firearm during unattended vehicle storage and report any later loss or theft within seven days. [4]

Official Delaware Firearm Law Resources

Delaware Gun Law FAQ

Sources

1. 1. Delaware State Police Firearms ServicesDelaware State Police. State agency. Accessed August 7, 2026.
2. 2. Permit to Purchase FirearmsDelaware State Police. State agency. Accessed August 7, 2026.
3. 3. Concealed Deadly WeaponsDelaware Superior Court. State agency. Accessed August 7, 2026.
4. 4. Delaware Code Title 11, Chapter 5, Subchapter VIIDelaware Legislative Council. State statute. Accessed August 7, 2026.
5. 5. Chapter 259, Handgun Qualified Purchaser Permit and FTAPDelaware General Assembly. State statute. Accessed August 7, 2026.
6. 6. Chapter 20, Background Checks for Private Firearm TransfersDelaware General Assembly. State statute. Accessed August 7, 2026.
7. 7. Chapter 328, Delaware Lethal Firearms Safety Act of 2022Delaware General Assembly. State statute. Accessed August 7, 2026.
8. 8. Delaware Code Title 10, Chapter 77, Lethal Violence Protective OrdersDelaware Legislative Council. State statute. Accessed August 7, 2026.
9. 9. Delaware Code Title 9, Section 330Delaware Legislative Council. State statute. Accessed August 7, 2026.
10. 10. Delaware Constitution, Article I, Section 20State of Delaware. State statute. Accessed August 9, 2026.
11. 11. Delaware Code Title 11, Section 464, Justification — Use of Force in Self-ProtectionDelaware Legislative Council. State statute. Accessed August 9, 2026.
12. 12. Delaware Code Title 11, Section 466, Justification — Use of Force for the Protection of PropertyDelaware Legislative Council. State statute. Accessed August 9, 2026.
13. 13. 18 U.S.C. 922, Unlawful ActsOffice of the Law Revision Counsel. Federal statute. Accessed August 9, 2026.
14. 14. Minimum Age for Gun Sales and TransfersBureau of Alcohol, Tobacco, Firearms and Explosives. Federal agency. Accessed August 7, 2026.
15. 15. National Firearms ActBureau of Alcohol, Tobacco, Firearms and Explosives. Federal agency. Accessed August 7, 2026.
16. 16. 18 U.S.C. 926A, Interstate Transportation of FirearmsOffice of the Law Revision Counsel. Federal statute. Accessed August 7, 2026.