Gun Laws in Delaware
Gun Friendliness Score
How We Calculate Gun Friendliness Scores
The Gun Friendliness Score ranges from 0 to 100 and represents how favorable a state's laws are toward gun ownership and use. We evaluate each state across 50 key gun policies, assigning points based on how these policies affect gun owners:
- Policies that support gun rights, reduce restrictions, or expand legal protections for gun owners receive positive points
- Policies that restrict firearm ownership, limit purchase options, or add regulatory burdens receive negative points
Delaware's moderate score of 42 reflects the state's mix of both permissive and restrictive firearm policies, including shall-issue concealed carry permits, but also permit-to-purchase requirements, magazine capacity restrictions, and red flag laws.
Delaware Gun Laws Summary
Delaware maintains a moderate position regarding gun laws, with a mix of both permissive and restrictive policies. The state has implemented several regulations on firearms and ammunition that go beyond federal requirements, though it does preserve certain rights for law-abiding gun owners.
Delaware is a shall-issue state for concealed carry permits. The application process is administered by the Superior Court in each county, and qualified applicants who meet all requirements will receive their permits without discretionary denial. Unlike some states, Delaware does not offer constitutional carry, so permits are mandatory for legal concealed carry.
In recent years, Delaware has passed several new firearms regulations. In June 2022, Governor John Carney signed a package of gun control bills including HB 450, which banned the sale of "assault weapons," and SS1 for SB 6, which prohibited magazines capable of holding more than 17 rounds. These laws have significantly changed Delaware's firearm landscape, introducing restrictions that weren't previously in place.
Permitting, Sales and Transfers
Delaware requires background checks for all firearm sales and transfers, including private sales between individuals. All transfers must be conducted through a federally licensed dealer (FFL), who will perform the background check using the National Instant Criminal Background Check System (NICS).
As of 2022, Delaware also requires a permit to purchase handguns. This process includes completing an application, undergoing a background check, and providing fingerprints. The state does not maintain an official registry of firearms, though records of handgun purchases are kept by the State Bureau of Identification.
Firearms in Public and in the Home
Delaware requires a permit for concealed carry, with applicants needing to be at least 21 years old, complete a firearms training course, and demonstrate "good character" during the application process. The state does not allow permitless or constitutional carry.
Open carry is technically legal in Delaware without a permit for anyone 18 years or older who can legally possess a firearm, though it is uncommon in practice. Firearms are prohibited in various locations including state buildings, courthouses, schools, and places serving alcohol. Delaware recognizes concealed carry permits from a limited number of states, primarily those with similar or more stringent requirements.
Firearm, Feature and Accessory Bans
Delaware has implemented bans on what it classifies as "assault weapons" and magazines capable of holding more than 17 rounds. The state allows ownership of previously owned "assault weapons" if they were possessed before June 30, 2022, and are registered with the state. Suppressors, short-barreled rifles, short-barreled shotguns, and machine guns can be legally owned if registered properly under federal law (NFA items). Delaware state law does allow for the legal possession of these items as long as they comply with federal requirements.
Local Laws
Delaware has partial preemption of firearms laws. Counties and municipalities are generally prohibited from enacting laws regulating the ownership, transfer, or possession of firearms. However, local governments do maintain some authority to regulate the discharge of firearms within their jurisdictions and can create limited restrictions on where firearms may be carried. This creates a somewhat consistent regulatory environment across the state, though there may be some local variations regarding where and how firearms can be used.
2025 Gun Law Checklist
Delaware Gun Policy Profile: 50 Key Legislative Points
Purchasing and Sales Regulations
Background Check for Any Firearm Sale
State requires any firearm sale to go through a licensed dealer (FFL) and be subject to a background check. (Federal law requires those "engaged in the business" of buying/selling firearms to perform a background check during a sale). A private sale or transfer of any firearm between individuals (non-family members) must be also conducted through an FFL.
Background Check for Any Handgun Sale (Including Private Sales)
All handgun sales and most transfers are subject to a background check. Private sales of handguns between individuals (non-family members) must be conducted through an FFL.
Background Check Extensions
State will halt the transfer of a firearm if a background check is delayed. Some states will halt the process indefinitely, some for a set amount of time.
Failed Background Check Reported to Law Enforcement
The firearm dealer (or state agency conducting the background check) has a responsibility to notify local law enforcement of a failed background check.
Must be 21 or Older to Purchase
Most firearms–including rifles, shotguns, and handguns–cannot be sold to anyone under the age of 21. (Federal laws permit long guns to be sold to those over the age of 18.)
Permit to Purchase
State requires a permit (single-use or renewable) for all firearms or specifically for handguns. States typically charge a fee for the permit and a background check is performed during the application.
Mandatory Waiting Periods
Prior to purchasing a firearm, an individual must wait a specified period (typically between 3-14 days) between initiating the purchase and taking possession of the firearm.
State Licenses All Gun Dealers
State has a licensing system for firearms merchants above and beyond the federal (FFL) system.
Purchase Rejected for Public Safety Reasons
State officials able to block sales of firearms if the purchaser is deemed to be a threat to themselves or to public safety (according to the judgment of the official)
Approved Handgun Roster
State controls what make and model handguns are sold; according to their own criteria. Often, this involves a "roster" of approved handguns with the right "safety" features, such as a loaded chamber indicator, or even the amount of metal in the firearm (Maryland). Often, LE are exempt from these requirements.
Strict Unfinished Frames and Receivers Laws
State sets a lower threshold for unfinished frames and receivers (beyond ATF rule 2021R-05F). Includes ban on 3D-printing of these parts in some states.
Ownership and Registration Requirements
Permit to Possess
Several states require a permit just to possess: a handgun (New York); any firearms or ammunition (Illinois).
State Firearm or Handgun Registry
State keeps a record of every firearm or handgun sold. Includes states with a permit to purchase and states that keep records of purchases.
Mandatory Firearms Training
Prior to purchasing a firearm, an individual must prove they completed the state ordered training. Often, this is part of the application process for a Permit to Purchase.
Secure Storage Requirement
Gun owners must lock up firearms in the home (or anywhere else a minor or prohibited person may have access).
Magazine Capacity Limits
State limits magazine capacity for some or all firearms.
"Assault Weapons" Ban
Magazine fed, semi-automatic, centerfire rifles cannot have other "features" (pistol grip, flash hider, etc.) or they are considered "assault weapons." New guns cannot be registered as "assault weapons." Possession is prohibited with limited exceptions.
Microstamping Law
State has a law banning the sale of a new pistol unless its firing can imprint its serial number somewhere on the cartridge case during firing. This technology is make-believe at present, but these laws will effectively ban the sale of new handguns in the state if/when they become effective
Penalties for Not Reporting a Lost or Stolen Firearm
Gun owners must report the loss or theft of firearms–usually within several days of the incident or first discovering the loss–or potentially face a criminal penalty.
Carry and Location Restrictions
Mandatory Permit for Concealed Carry
State requires a permit to carry a concealed pistol. This includes all states that "may issue" a permit (where officials may deny a permit for subjective reasons).
Officials Can Deny Carry Permit
State allows the carry permit officials to deny an application based on the state's own criteria.
Open Carry Limited or Banned
State restricts open carry to rifles and shotguns or bans open carry completely unless you are LE or special permit holder.
No Carry Mandate for College Campuses
State has not passed a blanket law permitting concealed carry on college campuses.
Gun Ban on Most Public Property
State limits or bans any type of carry in and around government facilities (state, county, municipal) and/or limits carry of firearms in parades and demonstrations
Guns Banned in Bars
State prohibits carry inside bars or consumption of alcohol while carrying.
No Guns in K-12 Schools
Only LE (and in some states, specially licensed school officials) may carry on school property.
Does Not Recognize Other States' Carry Permits
State doesn't consider concealed carry permits from other states valid
Prohibited Persons and Possession Restrictions
Felons are Also Prohibited Persons at State Level
State has a law prohibiting felons from owning guns and ammo, even though federal law already does this.
Fugitives are Also Prohibited Persons at State Level
State has a law prohibiting fugitives from justice from owning guns and ammo, even though federal law already does this.
Involuntarily Committed are Also Prohibited Persons at State Level
State has a law prohibiting those who have been involuntarily committed (to a psychiatric hospital or mental institution), or those found to be a danger to themselves or others from owning guns and ammo. Federal law already prohibits anyone found to be mentally defective or committed to a mental institution at 16 years or older.
Violent Offenders Cannot Possess
State will take away firearms, deny future possession, or at minimum deny future purchase of firearms for certain misdemeanor crimes of violence (besides domestic violence violence).
Domestic Violence Offenders Also Prohibited Persons at State Level
State has a law prohibiting those convicted of misdemeanor domestic violence from owning guns and ammo, even though federal law already does this
Stalkers are Prohibited Persons at the State Level
State has either made stalking a felony (instant prohibitor) or makes an individual convicted of misdemeanor stalking a prohibited person.
Intervention and Seizure Provisions
Red Flag Law
Law enforcement (and others, depending on the state) is allowed to request that firearms be taken away from others with limited due process.
Emergency Gun Seizure Before Restraining Orders
Similar to a red flag law, state will take away guns before an actual conviction. This is often during domestic disputes, before a restraining order takes effect, and in similar situations.
Guns Seized for Hate Crimes
State will take away all firearms from an individual in response to a misdemeanor hate crime conviction.
Guns Seized After Becoming Prohibited
State will quickly respond when an individual's status changes to prohibited and take away all firearms belonging to that person.
Guns Seized After Domestic Violence Conviction
State will quickly respond to take away firearms from an individual if they are convicted of misdemeanor domestic violence.
Guns Seized Amid Restraining Orders
State will take away all firearms from anyone who is subject to a restraining order, even though federal law already does this.
No Stand Your Ground Law
State imposes a "duty to retreat" before using force or requires "proportional force" when responding to an attack or dangerous situation with force.
Monitoring and Threat Assessment
Mental Health Database
State maintains records of anyone that has been committed or involuntarily committed to psychiatric hospitals. They send this information to the FBI for use by the NICS (or when conducting a state background check, if applicable).
School Officials Conduct Threat Assessments
Teams of mostly school officials are empowered by law to refer children for mental health assessments or take more drastic action if they believe the child poses a threat to themselves or others.
Mandatory Tracing of "Crime Guns"
Law enforcement must use either a state system or the federal firearm tracing system to research any firearm recovered from a crime scene or used in a crime.
Law Enforcement Oversight and Accountability
No LE Officers Bill of Rights
Some states never passed (or passed and later repealed) a set of basic protections for public safety officers. These protections vary by state. They often include the right to engage in political activity and run for public office, and the right to refuse a lie detector test, among other things.
Heavy Restrictions on LE Use of Deadly Force
State laws severely limit the discharge of firearms to apprehend criminals, including against individuals suspected of murder or fleeing a felony in many cases.
Reports for LE Deadly Force Incidents
Law enforcement agencies are required to report any officer-involved shootings that result in serious injury or death. Monthly or annual reports are compiled using this data and made available to the public.
No Qualified Immunity Defense Laws
In civil court, LE officials may not use a defense of qualified immunity if they are accused of certain civil rights violations. This includes situations in which a firearm was used.
Prevention and Support Programs
Dedicated Office of Gun Violence Prevention
Some states have passed legislation creating gun violence prevention offices that target "community gun violence." Taxpayer funds are used to support these programs, which may have little to no effect on violent crime.
Funding for Services of Victims of Gun Violence
Some states maximize the use of federal money intended for victims of violent crime by increasing pool of eligible claimants. Money is paid out to families of convicted felons in many cases.
Local Control
Counties / Cities / Towns Can Pass Stricter Gun Laws
Local governments are free to pass their own gun control laws in addition to any existing laws at the federal and state levels. Some states prohibit local governments from passing laws about specific things-including guns. This is known as preemption.
Conclusion
In this piece, we address the ammunition and firearms laws in Delaware so that the reader can get a sense of the legal steps necessary to buy and ship ammunition into the state, as well as legally own and carry firearms. Thus, the piece begins with a breakdown of the ammunition laws in Delaware, followed by the firearms laws. To wrap things up, we provide you with some resources that we think will be useful to folks who are interested in owning and carrying firearms and ammunition in Delaware.
Delaware’s firearms laws are on the more restrictive end, but it is not the most restrictive state in the USA in terms of its ammo and gun laws. The process of buying firearms and ammunition in the state is not the most difficult, though there are some bans. Carrying a firearm, on the other hand, is extremely difficult: the concealed carry permitting process involves a lot of time, effort, and public knowledge about an applicant’s private life.
Nothing in this piece is meant as legal advice. Instead, we hope that readers find this piece informative as a summary of the current state of Delaware’s laws surrounding ammunition and firearms.
Like most states, Delaware has preemption: this means that the state has passed a law stating that localities like cities and counties are forbidden from making firearms laws that are more restrictive than the state’s. Preemption makes life easier for gun owners in that once you learn one set of laws for Delaware, those same laws apply in the entire state.
Ammo Laws/Buying Ammo in Delaware
First, we will cover the ammo laws of the state.
The ammunition laws in Delaware are fairly permissive. Much like at the federal level, the state forbids prohibited persons from purchasing ammunition. Prohibited persons include people convicted of felonies or domestic violence, those found mentally incapable in court, and people who have been involuntarily committed to a mental health institution.
Aside from that restatement of a similar Federal policy, Delaware does not have restrictive ammo laws beyond the Federal guidelines. In addition to the prohibited persons list, there is an age requirement: the buyer of ammo has to be eighteen to purchase rifle or shotgun rounds, and twenty-one to buy handgun ammo.
It is possible to have ammunition shipped to a residential address in Delaware. In addition to the legal requirements, some carriers can and do impose their own rules. Commonly, shippers or carriers might ask for an adult with a valid ID to be present to accept the ammunition upon delivery.
While there are few restrictions on ammo itself, Delaware is less permissive on magazines. The state has a ban on magazines with capacities of over seventeen rounds. In case you were wondering, our research could not find the logic behind the seemingly arbitrary number of seventeen, whereas other magazine bans in other states tend to be multiples of five.
The ammo laws in Delaware are not strict, but the magazine ban makes the laws in the state less permissive. In effect, as long as the buyer is of age, and not a prohibited person, it is entirely possible to have ammunition shipped to a residential address in the state of Delaware.
Gun Laws/Buying Guns in Delaware
Purchasing firearms in Delaware comes with some restrictions. Many NFA items, such as suppressors, machine guns, and Short Barreled Rifles/Shotguns are outright banned in the state. There is also an assault weapons ban in Delaware that bans most modern semi-automatic shotguns, rifles, and some pistols by name as well as via a list of features. These two bans alone make Delaware’s firearms laws fairly restrictive.
Aside from these bans, Delaware follows the federally mandated process for buying firearms. Assuming that the buyer meets the age requirements, and is not a prohibited person, buying a gun can be done in one trip in the state. The buyer should bring a valid ID, a form of payment, and be prepared to fill out Form 4473. Once the background check from the completed 4473 clears, as does the payment, Delaware does not impose additional restrictions or waiting periods on buying firearms that are not banned in the state.
Delaware does mandate that private sellers of firearms have to do a background check on the prospective buyer: this adds, in some cases, a nearly month-long de facto waiting period on private gun sales.
Delaware’s firearm purchasing processes are not wildly restrictive at gun stores, but become somewhat prohibitive in terms of private sales. The bans on assault weapons and NFA items make the state on the more restrictive side when it comes to purchasing firearms, which is in contrast to the relatively permissive ammunition laws. Carrying a firearm in the state is where Delaware has become one of the more restrictive states in the US.
Delaware does not have state laws that restrict open carry. But, because open carry is not illegal in the state and not enshrined in a statute, it means that localities can make their own determinations about open carry. Thus, before open carrying, check with the relevant county and city laws and ordinances. Because the state is made up mostly of urban municipalities, open carry is easier said than done in Delaware, because those small municipalities can and do make their own rules on the matter.
Delaware’s concealed carry permit is arguably the most arduous in the country: a brief look at the application reveals that one’s application for the permit has to be published in a local newspaper, including address and name, along with references from five people in the community whom the applicant does not live with. Further, there are mandatory classes, a notary requirement, and some fees. It is, plainly, an attempt to discourage people from getting the permit and a massive risk to personal privacy.
Sadly, even after that extreme vetting process, a Delaware concealed carry permit is not valid in any of the states surrounding the tiny state.
The bans that Delaware imposes on NFA items and Assault Weapons are already fairly restrictive. Add to that the fact that, to concealed carry a weapon, you have to publicly announce it and get five of your coworkers or neighbors to sign off on it, and Delaware’s firearms laws become some of the more restrictive in the country. The ammunition laws are more or less standard and follow federal guidelines.
Overall, the bans and concealed carry processes of the state make Delaware a restrictive state in terms of firearms laws. This is somewhat surprising given that Delaware was the first state to ratify the Constitution, including the Bill of Rights that guarantees our right to keep and bear arms.
Sales Tax on Guns/Ammo in Delaware
Delaware takes a little of the sting out of gun ownership with its taxes: there is no state sales tax in Delaware, a rarity in the United States. Thus, if one can deal with the firearms laws, at least the purchase price is likely to be lower than in other states, and buying ammo will be less costly over time as well.
More Resources:
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The ATF maintains a list of all FFLs in the country, including those in Delaware. This list is kept up to date: generally, gun stores are either Type One or Type Two FFLs.
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There are two gun ranges run by the state of Delaware.
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Several well-rated gun shops are in this small state as well.
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There is a forum dedicated to the difficult process of getting a concealed permit in Delaware, it is an excellent resource for people in that state.