Gun Laws in Delaware

Subject/Law	Long guns	Handguns	Relevant statutes	Notes
State permit required to purchase?	No	No
Firearm registration?	No	No
Assault weapon law?	Yes	Yes	HB 450	Effective June 30, 2022, the production, sale, transfer, receipt, and possession of firearms deemed as assault weapons are prohibited. State law bans numerous specifically named semi-automatic centerfire rifles, semi-automatic shotguns, and semi-automatic pistols. The law also bans "copycat" assault weapons, which are defined as being a firearm that while not specifically listed as a banned assault weapon, is either a semi-automatic centerfire rifle, semi-automatic shotgun, or semi-automatic pistol with one or more specific banned cosmetic features.
Magazine capacity restriction?	Yes	Yes	SB 66	Effective August 29, 2022, the production, sale, purchase, receipt, transfer, and possession of magazines capable of holding more than 17 rounds is prohibited. Active and retired law enforcement officers, members of the United States Armed Forces, and concealed-carry permit holders are exempt from the ban. .22 Caliber tubular magazines are also exempt from the ban.
Owner license required?	No	No
Permit required for concealed carry?	N/A	Yes	11 Del.C. § 1441	Delaware is de jure a "may issue" state for concealed carry, but historically and in light of the Supreme Court's decision in New York State Rifle & Pistol Association, Inc. v. Bruen, is shall-issue in practice. Permits are generally issued to all applicants not barred from owning a firearm.[56]
Permit required for open carry?	No	No		Open carry without a permit is generally lawful. A 2014 Delaware Supreme Court ruling recognized that open carry was a long-standing fundamental right, and could only be prohibited by local ordinances in effect prior to July 4, 1985. The city of Dover formerly required a permit from the police chief for a state concealed permit to open carry, but this was repealed in October 2015 in accordance with the ruling.
State preemption of local restrictions?	Yes*	Yes*	22 Del.C § 111	Municipalities may regulate only the discharge of firearms and the possession of firearms within police stations and municipal buildings, unless the ordinance was in effect prior to July 4, 1985.
NFA weapons restricted?	Yes	Yes		SBRs and AOWs are legal. The city of Wilmington prohibits possession of SBRs within city limits. Machine guns, suppressors, Destructive Devices and SBS are prohibited for civilians.[57]
Peaceable Journey laws?	No	No		Federal rules observed.
Background checks required for private sales?	Yes	Yes	147th General Assembly: Chapter 20	Private party transfers of firearms to persons other than family members must be conducted through a licensed dealer, who is required by federal law to conduct a background check and keep a record of the sale. A transfer to a person who possesses a valid License to Carry a Concealed Deadly Weapon is exempt from this requirement.
Red flag law?	Yes	Yes	House Bill 302 (2018)	If a mental health professional deems that a person is a danger to themselves or to others, the police may get a court order to temporarily seize that person's firearms.

Gun Laws by State: Delaware

Understanding Gun Laws in Delaware

Gun laws vary greatly from state to state, and understanding these laws is crucial for responsible gun ownership. In this article, we will delve into the specifics of gun laws in Delaware.

Purchasing and Registration

In Delaware, there is no state permit required to purchase either long guns or handguns. Similarly, there is no firearm registration required for either type of firearm. This means that, in general, residents of Delaware can purchase firearms without having to go through additional state-level paperwork.

Assault Weapon Laws

However, Delaware does have laws regarding assault weapons. As of June 30, 2022, the production, sale, transfer, receipt, and possession of firearms deemed as assault weapons are prohibited under HB 450. This includes numerous specifically named semi-automatic centerfire rifles, semi-automatic shotguns, and semi-automatic pistols. The law also bans "copycat" assault weapons, which are defined as being a firearm that, while not specifically listed as a banned assault weapon, is either a semi-automatic centerfire rifle, semi-automatic shotgun, or semi-automatic pistol with one or more specific banned cosmetic features.

Magazine Capacity Restriction

Delaware also has a magazine capacity restriction. Effective August 29, 2022, the production, sale, purchase, receipt, transfer, and possession of magazines capable of holding more than 17 rounds is prohibited under SB 66. However, there are exemptions for active and retired law enforcement officers, members of the United States Armed Forces, and concealed-carry permit holders. .22 Caliber tubular magazines are also exempt from this ban.

Concealed and Open Carry

While there is no owner license required in Delaware, a permit is required for concealed carry of handguns. Delaware is de jure a "may issue" state for concealed carry, but in practice, permits are generally issued to all applicants not barred from owning a firearm.

On the other hand, open carry without a permit is generally lawful. A 2014 Delaware Supreme Court ruling recognized that open carry was a long-standing fundamental right, and could only be prohibited by local ordinances in effect prior to July 4, 1985.

Local Restrictions and NFA Weapons

Delaware has a state preemption of local restrictions, meaning municipalities can only regulate the discharge of firearms and the possession of firearms within police stations and municipal buildings, unless the ordinance was in effect prior to July 4, 1985.

Regarding NFA weapons, short-barreled rifles (SBRs) and Any Other Weapons (AOWs) are legal, but the city of Wilmington prohibits possession of SBRs within city limits. Machine guns, suppressors, Destructive Devices and short-barreled shotguns (SBS) are prohibited for civilians.

Private Sales and Red Flag Laws

Delaware requires background checks for private sales of firearms. Private party transfers of firearms to persons other than family members must be conducted through a licensed dealer, who is required by federal law to conduct a background check and keep a record of the sale. A transfer to a person who possesses a valid License to Carry a Concealed Deadly Weapon is exempt from this requirement.

Finally, Delaware has a red flag law. If a mental health professional deems that a person is a danger to themselves or to others, the police may get a court order to temporarily seize that person's firearms.

In conclusion, while Delaware's gun laws are less restrictive in some areas, such as the lack of a permit requirement for purchase and no firearm registration, they are more restrictive in others, such as assault weapon laws and magazine capacity restrictions. As always, it's important for gun owners and prospective gun owners to be aware of and understand the laws in their specific state.