Delaware Concealed Carry Laws Overview

Delaware is a may-issue state for concealed carry permits. The state's concealed carry framework is governed primarily by Title 11, Chapter 5 of the Delaware Code, with the constitutional right to keep and bear arms protected under Article I, Section 20 of the Delaware Constitution.

Constitutional Protection

Article I, Section 20 of the Delaware Constitution guarantees the right to keep and bear arms. Notably, this right is explicitly protected during states of emergency under Title 20, Chapter 31, § 3116, which provides:

• Nothing in the Governor's emergency powers shall be construed as granting the power to suspend or limit the right of law-abiding citizens to keep and bear arms for defense of self, family, home, and State, as guaranteed by Article I, § 20 of the Delaware Constitution (85 Del. Laws, c. 25, § 2).
• Law-abiding citizens may take reasonable steps to safeguard their arms from destruction, looting, or theft during emergencies, including but not limited to removal to locations of relative safety.
• The Governor's emergency powers (§ 3116) include issuing driving restrictions, taking actions to maintain life, health, property, or public peace — but these broad powers are expressly limited by the firearms protections in subsection (c).

Federal overlap: If the state is receiving monetary or other assistance from the federal government during a declared emergency, federal law may also apply — see 42 U.S.C. § 5207, which imposes additional prohibitions on firearms confiscation during federally-assisted emergencies.

Permit Authority & Type

• Permit Name: Concealed Deadly Weapons License (CDWL)
• Scope: The CDWL covers not only firearms but other deadly weapons as well, distinguishing it from many states that issue firearm-only permits.
• Issuing Authority: The Superior Court in the county where the applicant resides. Delaware's judicial system includes the Supreme Court, Court of Chancery, Superior Court, Family Court, Court of Common Pleas, Justice of the Peace Court, and the Administrative Office of the Courts, but concealed carry licensing is handled exclusively by the Superior Court.
• May-Issue Framework: The court exercises discretion in granting permits under 11 Del. C. § 1441 and related sections.
• Governing Law: Title 11 (Crimes and Criminal Procedure), Chapter 5 of the Delaware Code.
• Court Resources: Application forms are available through the Delaware Courts forms portal, with current filing fees listed at the Court Fees page. Procedural rules governing CDWL applications can be found under the Rules of the Courts.
• Full Delaware State Code: The complete Delaware Code, including all firearms statutes, is accessible at delcode.delaware.gov.

Key Definitions (11 Del. C. § 222)

Delaware law defines relevant weapon categories that interact with concealed carry:

• Dangerous instrument (§ 222(5)): Any instrument, article, or substance readily capable of causing death or serious physical injury under the circumstances of its use; includes disabling chemical sprays and electronic control devices (e.g., neuromuscular incapacitation devices/tasers).
• Projectile weapon (§ 222(28)): Includes bows, crossbows, airbows, weapons designed to discharge arrows/bolts/spears, and airguns discharging projectiles larger than .177 caliber.

Firearms & Deadly Weapons Offenses (Title 11, Chapter 14, Subchapter I)

Delaware's criminal code dedicates Title 11, Chapter 14, Subchapter I specifically to offenses involving firearms and other deadly weapons. This subchapter defines the criminal prohibitions that concealed carry permit holders must understand, including unlawful carrying, possession by prohibited persons, and weapons in restricted locations. CDWL holders should review this subchapter in full, as violations can result in felony charges and permanent loss of carry privileges.

The Delaware General Assembly's Criminal Justice Improvement Committee has published a comprehensive criminal code revision that organizes Chapter 14 into three subchapters:

• Subchapter I: Offenses Involving Firearms and Other Deadly Weapons
• Subchapter II: Drug and Related Offenses
• Subchapter III: Offenses Involving Organized Crime and Racketeering

CDWL holders should focus on Subchapter I, which consolidates all weapons-specific offenses.

2024 Handgun Qualified Purchaser Permit

In 2024, Delaware enacted a significant handgun purchaser licensing law ("permit to purchase") through the Office of Gun Violence Prevention and Community Safety (housed under the Governor's office). Key provisions:

• Most individuals wishing to purchase a handgun must obtain a Handgun Qualified Purchaser Permit unless they already hold a valid Delaware concealed carry permit or are active/retired law enforcement.
• Applicants must submit fingerprints, complete a state-approved firearm safety training course (including live-fire training), and pass an expanded criminal history check.
• The Delaware State Bureau of Identification (SBI) processes applications and must issue or deny within 30 days absent disqualifying factors.
• The purchaser permit is valid for two years. Holders may use the permit to purchase handguns within that timeframe.
• Applications may be denied or permits revoked for disqualifying conditions (e.g., criminal record), and applicants have the right to appeal denials first to the Justice of the Peace Court, then to Superior Court.
• If a permit is revoked and handguns were purchased under that permit, the law authorizes efforts to remove or surrender those firearms.
• Exemptions: Active or retired law enforcement and CDWL holders are exempt — a valid Delaware concealed carry permit satisfies the purchaser permit requirement.

Practical benefit for CDWL holders: The concealed carry license serves as an automatic exemption from the separate handgun purchase permitting process, eliminating the need for a redundant background check and training requirement.

Self-Defense & Justification Legal Framework

Delaware's defenses to criminal liability are codified in Title 11, Chapter 4 (originally enacted as 58 Del. Laws, c. 497, § 1, with significant amendments in 70 Del. Laws, c. 186, § 1) and are critical knowledge for concealed carry holders. The Chapter is organized into three subchapters in the proposed criminal code revision:

• Subchapter I: Justification Defenses
• Subchapter II: Excuse Defenses
• Subchapter III: Nonexculpatory Defenses

Justification (11 Del. C. §§ 461–471)

• § 461 establishes that justification, as defined in §§ 462–471, is a defense to any prosecution for an offense.
• § 462 addresses justification in the execution of public duty.
• §§ 463–471 define lawful use of force, including in defense of self, others, and property.

Concealed carry permit holders should be thoroughly familiar with these justification statutes, as they define when the use of deadly force is legally permissible in Delaware.

Intoxication (11 Del. C. §§ 421–424)

Delaware law addresses intoxication as it relates to criminal liability — relevant because carrying a concealed weapon while intoxicated can create serious legal exposure:

• § 424(1) defines "intoxication" as the inability, resulting from the introduction of substances into the body, to exercise control over one's mental faculties.
• § 424(2) defines "voluntary intoxication" as intoxication caused by substances the actor knowingly introduces into their body, the tendency of which to cause intoxication the actor knows or should know — unless introduced pursuant to medical advice or under duress that would afford a defense to criminal prosecution.

(Legislative history: 58 Del. Laws, c. 497, § 1; 70 Del. Laws, c. 186, § 1)

Duress (11 Del. C. § 431)

• § 431(a): It is an affirmative defense that the defendant engaged in conduct because they were coerced by the use of, or threat to use, force against their person or another's, which a reasonable person in the defendant's situation would have been unable to resist.
• § 431(b): The defense is unavailable if the defendant intentionally or recklessly placed themselves in a situation where duress was probable.
• § 431(c): The historical presumption that a woman acting in the presence of her husband is coerced has been abolished. It is not a defense that a woman acted on the command of her husband, unless the coercion meets the standard in subsection (a).

(Legislative history: 58 Del. Laws, c. 497, § 1; 70 Del. Laws, c. 186, § 1)

Entrapment (11 Del. C. § 432)

• § 432(a): It is an affirmative defense that the accused was induced by a law-enforcement official (or their agent acting in knowing cooperation) to engage in conduct constituting a crime when the person was not otherwise disposed to do so. The defense concedes commission of the act but asserts it should not be punished because the officer originated the criminal idea and induced the person to engage in conduct constituting a crime.
• § 432(b): Unavailable when causing or threatening physical injury is an element of the offense and the prosecution is based on injury to a person other than the one perpetrating the entrapment.

(Legislative history: 58 Del. Laws, c. 497, § 1; 59 Del. Laws, c. 203, § 38; 70 Del. Laws, c. 186, § 1)

Mistake of Fact (11 Del. C. § 441)

Ignorance or mistake of fact is a defense if:

1. The ignorance or mistake negates the required state of mind for the offense; or
2. The statute expressly provides that the mistake is a defense or exemption; or
3. The mistake supports a defense of justification as defined in the Criminal Code.

(Legislative history: 58 Del. Laws, c. 497, § 1)

Consent (11 Del. C. §§ 451–453)

• § 451: Consent of the victim is a defense if the act did not involve or threaten physical injury and the consent negates an element of the offense. Any person who enters the presence of other people consents to the normal physical contacts incident to such presence.
• § 452: For offenses involving physical injury, consent is a defense if the injury is not serious, or if it is a reasonably foreseeable hazard of joint participation in an athletic contest or lawful concerted activity not prohibited by law.
• § 453: Consent is not a defense if given by a legally incompetent person (unless the defendant believes the victim is legally competent), someone manifestly unable to make a reasonable judgment (due to youth, mental illness, mental condition, mental defect, serious mental disorder, psychiatric disorder, or intoxication), someone whose improvident consent the law aims to prevent, or if induced by force, duress, or deception (amended by 78 Del. Laws, c. 224, § 11).

Victim's Age (11 Del. C. § 454)

• § 454: Notwithstanding any other provision of law, it is no defense for an offense or sentencing provision defined in Title 11, Title 16, or Title 31 that has the age of the victim as an element that the accused did not know the victim's age or reasonably believed the person to be of an age that would not meet the element — unless the statute defining the offense expressly provides that knowledge of the victim's age is an element or that lack of such knowledge is a defense.

(Legislative history: 73 Del. Laws, c. 126, § 2)

Practical relevance for CDWL holders: This strict liability provision regarding victim age is particularly important in self-defense scenarios — a CDWL holder cannot claim ignorance of an aggressor's age as a defense if age is an element of the charged offense (e.g., certain assault charges involving minors).

Additional Legal Resources

• Full Delaware State Code: delcode.delaware.gov
• Delaware State Constitution: delcode.delaware.gov/constitution
• Court Forms (including CDWL applications): courts.delaware.gov/forms
• Court Fees and Filings: courts.delaware.gov/help/fees
• Rules of the Courts: courts.delaware.gov/rules
• Ask A Law Librarian: courts.delaware.gov/lawlibraries/chat
• Court Calendars: courts.delaware.gov/calendars
• Civil Case Search (Docket): courts.delaware.gov/docket
• Office of Gun Violence Prevention and Community Safety: governor.delaware.gov/office-of-gun-violence-prevention-and-community-safety
• Attorney General — Steps in a Trial: attorneygeneral.delaware.gov/criminal/stepsintrial

Permit Basics — Delaware Concealed Carry

Overview: Permit-Required State

Delaware is a permit-required state for concealed carry. The HandgunLaw.us source categorizes Delaware under "Shall Issue." There is no constitutional or permitless carry provision in Delaware law — Delaware is not among the states listed as having permitless carry. To legally carry a concealed deadly weapon, you must obtain a Concealed Deadly Weapon License (CDWL) issued through the Delaware court system, per 11 Del. C. § 1441.

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Permit Type and Issuing Authority

• The license is formally called a "License to Carry a Concealed Deadly Weapon" (CDWL).
• Applications are filed with the Prothonotary (the chief clerk of the court) in the county where the applicant resides, per 11 Del. C. § 1441.
• The application process is governed by 11 Del. C. § 1441, located within Title 11, Chapter 5, Subchapter VII (Offenses Involving Deadly Weapons and Dangerous Instruments) of the Delaware Criminal Code.
• Applications for new licenses are available for Delaware residents only, per the court's published application instructions.

Residency Requirements

• Residents: Delaware residents apply through the Prothonotary in their county of residence, per 11 Del. C. § 1441(a).
• Non-Residents: Non-residents are not eligible for the standard CDWL. However, the Attorney General has discretion to issue a temporary license to non-residents under limited circumstances, per 11 Del. C. § 1441(k) (see "Temporary Licenses for Non-Residents" below).

Application Requirements

Per the Delaware Courts' published instructions for new CDWL applications and 11 Del. C. § 1441(a), the following steps must be completed for an application to be processed:

• The applicant must satisfy all requirements of subsection (a) of § 1441, which includes demonstrating the necessity for carrying a concealed deadly weapon for the protection of the applicant's person or property.
• The specific procedural steps and documentation required are outlined in the court's application packet. The source confirms that detailed instructions exist but the full list of procedural steps is not reproduced in the available source material beyond the introductory statement.

Demonstrating Necessity — Protection from Abuse Orders

Under 11 Del. C. § 1441(i), an adult who has successfully obtained a protection from abuse (PFA) order containing a firearms prohibition (authorized by 10 Del. C. § 1045(a)(8) or pursuant to 11 Del. C. § 1448(a)(6)) against another person for alleged acts of domestic violence (as defined in 10 Del. C. § 1041) is automatically deemed to have shown the necessity for a concealed carry license for self-protection. However, all other requirements of § 1441(a) must still be satisfied.

Fees

• Retired law enforcement officers: A fee of $65 is paid to the Prothonotary in the county of residence, per 11 Del. C. § 1441(h)(1) and (h)(2).
• Standard civilian applicants: The exact fee amount for standard (non-retired-LEO) applicants is not specified in the available source material for § 1441(a). Not addressed in available sources.

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Retired Law Enforcement Officers — Special Licensing Path

Per 11 Del. C. § 1441(h), retired police officers (as defined by 11 Del. C. § 1911) who served at least 20 years in any law-enforcement agency within Delaware, or who are retired and remain currently eligible for a duty-connected disability pension, may obtain a CDWL under a streamlined process:

• Application within 90 days of retirement — per § 1441(h)(1):

  • Pay a $65 fee to the Prothonotary in the county of residence.
  • Present both:
    • A certification from the Attorney General's office verifying the retired officer is in good standing; and
    • A letter from the chief of the retired officer's agency verifying good standing.

• Application more than 90 days but within 20 years of retirement — per § 1441(h)(2):

  • Pay a $65 fee to the Prothonotary in the county of residence.
  • Present certification forms from the Attorney General's office verifying:
    • The retired officer is in good standing with the former agency;
    • The retired officer's criminal record has been reviewed and the officer has not been convicted of any crime greater than a violation since retirement; and
    • The retired officer has not been committed to a psychiatric facility since retirement.

Active Law Enforcement Exemption

Per 11 Del. C. § 1441(g), the concealed carry licensing requirements do not apply to the carrying of the usual weapon by police or other peace officers.

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Automatic Revocation / Void License

Per 11 Del. C. § 1441(m), any license issued under § 1441 is automatically void by operation of law if the licensee is or becomes prohibited from owning, possessing, or controlling a deadly weapon as specified in 11 Del. C. § 1448. This means:

• The license does not need to be formally revoked by a court — it becomes void automatically.
• Prohibited persons under § 1448 include (among others) those convicted of felonies, those subject to certain protective orders, and those who have been committed to mental institutions. The full list of disqualifying conditions is set forth in 11 Del. C. § 1448.

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Temporary Licenses for Non-Residents

Per 11 Del. C. § 1441(k) and (l):

• The Attorney General has discretion to issue a temporary concealed carry license to non-residents on a limited basis.
• The applicant must demonstrate a short-term need to carry a weapon within Delaware in conjunction with employment for the protection of person or property.
• The temporary license automatically expires 30 days from the date of issuance.
• The temporary license is not subject to renewal, but a second or subsequent temporary license may be issued.
• No individual may be issued more than 3 temporary licenses total.
• The temporary license must be carried at all times while within the State.
• All applications must be in writing and must bear a notice that false statements are punishable by law, per § 1441(l).
• The Attorney General has authority to promulgate regulations for the administration of temporary licenses.

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Reciprocity with Other States

Per 11 Del. C. § 1441(j):

• Delaware gives full faith and credit to concealed carry licenses/permits issued by other states, but only where:
  • The issuing state also honors Delaware-issued licenses; and
  • The other state's license/permit is issued pursuant to state law and affords a "reasonably similar" degree of protection as Delaware's licensing system.
• "Reasonably similar" does not require identical provisions — alternative or differing provisions and different eligibility processes are permitted.
• Exception: If there is evidence of a pattern of issuing licenses to convicted felons in another state, the Attorney General shall not include that state in reciprocity, even if the law is otherwise "reasonably similar."
• The Attorney General determines which states qualify and publishes a list on January 15 of each year.
• The list is valid for one year, and no state may be removed without 1 year's notice of impending removal.
• The list must be made available to all state and local law-enforcement agencies and to all current Delaware CDWL holders.

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Disqualifying Factors

Per 11 Del. C. § 1441(m), a license is automatically void if the holder becomes a prohibited person under 11 Del. C. § 1448. While the full text of § 1448 is not reproduced in the available sources, the sources reference the following categories of prohibited persons:

• Persons prohibited from owning, possessing, or controlling a deadly weapon under § 1448
• For retired officers specifically: conviction of any crime greater than a violation since retirement, per § 1441(h)(2)(b)
• For retired officers: commitment to a psychiatric facility since retirement, per § 1441(h)(2)(c)

The complete list of disqualifying factors (felony convictions, domestic violence misdemeanors, mental health adjudications, etc.) is contained in 11 Del. C. § 1448 — the full text of that section is not included in the available source material.

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Age Requirements

The specific minimum age for a CDWL is not explicitly stated in the available source material. The statute at § 1441(a) references "a person of full age," and § 1441(i) references "an adult person," suggesting applicants must be adults. The exact minimum age requirement is not addressed in available sources.

Permit Duration / Renewal

The duration of a standard CDWL and renewal procedures are not addressed in the available source material for § 1441(a). The only duration specified is the 30-day automatic expiration for temporary non-resident licenses under § 1441(k).

Federal Considerations

• FOPA (Firearm Owners Protection Act, 18 U.S.C. § 926A): Federal law provides safe passage protections for lawful firearm transport through states, including Delaware, provided the firearm is unloaded and not readily accessible. Not addressed in the Delaware state sources provided.
• LEOSA (Law Enforcement Officers Safety Act, 18 U.S.C. §§ 926B–926C): Qualified active and retired law enforcement officers may carry concealed firearms nationwide under federal law, separate from and in addition to Delaware's state licensing provisions for retired officers under § 1441(h). Not addressed in the Delaware state sources provided.

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Key Statutes

Concealed Carry Laws in Delaware

Overview: Permit-Required State

Delaware is a permit-required state for concealed carry. There is no constitutional or permitless carry provision in Delaware — a person must obtain a Concealed Carry Deadly Weapons (CCDW) license to legally carry a concealed deadly weapon. The Delaware Superior Court grants a license only after the Attorney General's Office investigates and recommends the application, per the process outlined in Title 11, Delaware Code, §§ 1441–1461.

Residency Requirement

• Only Delaware residents may apply for a Delaware CCDW license, per the Delaware Attorney General's Office and the State of Delaware courts.
• A Delaware resident is defined as someone who "carries or is required to have a Delaware driver's license and/or is registered to vote in Delaware."
• Non-residents cannot obtain a Delaware CCDW license. Delaware does not issue non-resident concealed carry permits.

Application Process

• Applications are submitted through the Superior Court of the State of Delaware using the official CCDW Application form.
• The Attorney General's Office Special Investigations Unit investigates each application and makes a recommendation to the court. The Superior Court then decides whether to grant the license.
• A separate application form exists for retired Delaware police officers seeking a new CCDW license.
• Applicants must provide character references using the official Reference Questionnaire form.
• Contact for questions about residency or the application process: DOJ Special Investigations Unit at (302) 577-8500.

Firearms Training Requirement

• Applicants must complete a CCDW course taught by an instructor approved by the Attorney General's Office.
• The Attorney General's Office maintains a published list of approved CCDW course instructors, which the courts use to verify instructor credentials. The most recent list was updated February 27, 2026.

Application Fees, Age Requirements, and Permit Duration

Not addressed in available sources. The provided materials do not specify the exact application fee amount, minimum age requirement, or the duration/expiration period of a CCDW license. These details are contained in the full text of §§ 1441–1461 of Title 11, Delaware Code, which were referenced but not fully reproduced in the available sources.

Prohibited Persons

• Possession of a deadly weapon by a person prohibited from doing so is a felony in Delaware, regardless of whether the person holds a CCDW permit or license. This applies to persons carrying weapons both with and without a concealed carry license.
• The specific categories of prohibited persons (e.g., felony convictions, domestic violence convictions, mental health adjudications) are governed by Title 11, Delaware Code, §§ 1441–1461. The sources confirm the prohibition exists but do not enumerate every disqualifying category in the excerpted text.

Prohibited Weapons

Delaware law prohibits the possession of the following under all circumstances, even with a CCDW license:

• Silencers (firearm suppressors)
• Sawed-off shotguns
• Machine guns

These prohibitions apply to all persons, including CCDW license holders.

Reciprocity

The Delaware Attorney General's Office references Concealed Carry Weapons Reciprocity on its CCDW page, indicating that reciprocity agreements may exist with certain other states. However, the specific states with which Delaware has reciprocity agreements are not detailed in the available source material. Permit holders should verify current reciprocity status before traveling to other states.

Law Enforcement Officers Safety Act (LEOSA) — Delaware Implementation

Delaware has enacted state-level implementation of the federal Law Enforcement Officers Safety Act of 2004 (LEOSA) through two specific statutes:

Active Qualified Law Enforcement Officers — § 1441A, Title 11, Delaware Code

• A qualified law-enforcement officer carrying required photographic agency identification may carry a concealed firearm that has been shipped or transported in interstate or foreign commerce, per 18 U.S.C. § 926B.
• "Qualified law-enforcement officer" means a government agency employee who:
  • Is authorized by law to engage in law enforcement activities and has statutory powers of arrest
  • Is authorized by the agency to carry a firearm
  • Is not subject to disciplinary action that could result in suspension or loss of police powers
  • Meets agency standards for regular firearms qualification
  • Is not under the influence of alcohol or intoxicating substances
  • Is not prohibited by federal law from receiving a firearm
• Required identification: photographic ID issued by the employing governmental agency identifying the individual as a police officer or law-enforcement officer.
• Includes officers of the Amtrak Police Department, Federal Reserve law enforcement, and executive branch federal law enforcement.

Qualified Retired Law Enforcement Officers — § 1441B, Title 11, Delaware Code

• A qualified retired law-enforcement officer carrying required identification may carry a concealed firearm, per 18 U.S.C. § 926C.
• "Qualified retired law-enforcement officer" means an individual who:
  • Separated from service in good standing as a law-enforcement officer
  • Had statutory powers of arrest before separation
  • Served as a law-enforcement officer for an aggregate of 10 years or more, OR separated due to a service-connected disability
  • Within the most recent 12-month period, met firearms training qualification standards at the individual's own expense
  • Has not been found unqualified for mental health reasons by a qualified medical professional, and has not entered into an agreement acknowledging mental health disqualification
  • Is not under the influence of alcohol or intoxicating substances
  • Is not prohibited by federal law from receiving a firearm
• Required identification: photographic ID from the former agency identifying the person as a former law-enforcement officer, with evidence of firearms qualification within the past year.

LEOSA Limitations in Delaware

Both § 1441A and § 1441B do not supersede Delaware laws that:

• Permit private persons or entities to prohibit or restrict concealed firearms on their property
• Prohibit or restrict firearms on state or local government property, installations, buildings, bases, or parks

LEOSA Firearm Definition

Under §§ 1441A and 1441B, "firearm" has the same meaning as in 18 U.S.C. § 921, and includes ammunition not prohibited by federal law, but excludes:

• Machine guns (as defined in 26 U.S.C. § 5845)
• Firearm silencers (as defined in 18 U.S.C. § 921)
• Destructive devices (as defined in 18 U.S.C. § 921)

Governing Statutes

The primary statutes governing deadly weapons, concealed carry, and related offenses in Delaware are found in Title 11, Chapter 5, Subchapter VII of the Delaware Code (§§ 1301–1474), with the concealed carry licensing provisions specifically in §§ 1441–1461. Key sections include:

• § 1441 — Licensing of concealed deadly weapons (general provisions)
• § 1441A — LEOSA implementation for active law enforcement officers
• § 1441B — LEOSA implementation for retired law enforcement officers
• §§ 1442–1461 — Additional provisions related to deadly weapons possession, carrying, and penalties
• §§ 1448–1448D — Additional weapons-related provisions (referenced in code index)

Key Statutes

Constitutional Carry in Delaware

Delaware does NOT have constitutional carry (permitless carry).

Delaware requires a license to carry a concealed deadly weapon. Carrying a concealed deadly weapon without a license is a criminal offense under Delaware law.

Relevant Statute

Title 11, § 1442 — Carrying a Concealed Deadly Weapon

Under 11 Del. C. § 1442:

"A person is guilty of carrying a concealed deadly weapon when the person carries concealed a deadly weapon upon or about the person without a license to do so as provided by § 1441 of this title."

Penalties for Carrying Without a License

• Carrying a concealed deadly weapon without a license is a Class G felony
• If the concealed deadly weapon is a firearm or projectile weapon, it is elevated to a Class D felony

Defenses

Under § 1442(c), it is a defense if:

1. The defendant had been issued an otherwise valid license to carry a concealed deadly weapon pursuant to § 1441
2. The license had expired
3. The person had applied for renewal within the allotted time frame prior to expiration
4. The offense occurred while the renewal application was pending before the court

Under § 1442(d), it is also a defense that the defendant complied with § 1456(b) of this title.

Concealed Carry Licensing

Delaware is a shall-issue state. A concealed carry license must be obtained pursuant to 11 Del. C. § 1441 in order to lawfully carry a concealed deadly weapon.

Open Carry / Vehicle Carry Note

While Delaware does not permit concealed carry without a license, firearms that are clearly visible may be carried in a vehicle without a permit/license.

States with Constitutional Carry (for Reference)

Delaware is not among the states that have adopted permitless carry. States that currently have permitless carry include: Alabama, Alaska, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, West Virginia, and Wyoming.

Carrying in Vehicles in Delaware

Delaware does not have permitless (constitutional) carry. A valid Concealed Carry Deadly Weapons (CCDW) license is required to carry a concealed deadly weapon, including in a vehicle. Delaware law treats a concealed firearm in a vehicle the same as concealed carry on your person — without a CCDW license, carrying a concealed deadly weapon in a vehicle is illegal under Delaware law.

General Rule: CCDW License Required

• A Delaware resident who wishes to carry a concealed deadly weapon — including in a vehicle — must have a Delaware CCDW license, per 11 Del. C. § 1441.
• A Delaware resident is defined as someone who carries or is required to have a Delaware driver's license and/or is registered to vote in Delaware.
• Non-residents may carry concealed in Delaware only if they hold a valid concealed carry license/permit from a state that has reciprocity with Delaware, as determined annually by the Attorney General, per 11 Del. C. § 1441(j).
• The Attorney General may also issue temporary licenses (valid for 30 days, non-renewable, maximum of 3 total) to non-residents who have a short-term employment-related need to carry within Delaware, per 11 Del. C. § 1441(k).

Unsafe Storage of a Firearm in a Vehicle

Delaware has a specific statute addressing firearms left unattended in vehicles. Per 11 Del. C. § 1456(b):

• A person is guilty of unsafe storage of a firearm in a vehicle when the person knowingly leaves a firearm unattended in a vehicle and the firearm is not stored in any of the following:

  • A locked box or container
  • A locked firearms rack that is on the motor vehicle
  • Locked in the trunk of the vehicle

• Penalties:

  • Class B misdemeanor for a basic violation, per § 1456(d)(1)
  • Class A misdemeanor if an unauthorized person obtains the firearm and commits or attempts to commit a crime, uses it to inflict serious physical injury or death, or transfers it to another unauthorized person, per § 1456(d)(2)

• Important: Having a valid CCDW license is not a defense to the unsafe storage in a vehicle charge, per 11 Del. C. § 1456(g).

• Definitions relevant to vehicle storage:

  • "Locked container" means a secure container that is fully enclosed and locked by a padlock, keylock, combination lock, or similar locking device. The glove compartment of a motor vehicle does not qualify as a locked container unless it can be manually locked to render the firearm inaccessible, per § 1456(a)(2)(a).
  • "Unauthorized person" means a child or person prohibited by state or federal law from owning or possessing a firearm, per § 1456(a)(2)(d).

Safe School Zones and Vehicles

Per 11 Del. C. § 1457A:

• It is a class E felony to knowingly possess a firearm in a Safe School Zone, which includes any motor vehicle owned, operated, leased, or rented by any public or private school.
• Exception for CCDW holders: A holder of a valid CCDW license under § 1441 is exempt from this prohibition, but only if the firearm is in a motor vehicle, per § 1457A(c)(4).
• A firearm in a locked container or locked firearms rack that is in or on a motor vehicle is also exempt, per § 1457A(d)(2).

College or University Safe Zones and Vehicles

Per 11 Del. C. § 1457C:

• It is a class A misdemeanor to knowingly possess a firearm in a college or university safe zone, which includes motor vehicles owned, operated, leased, or rented by any public or private college or university.
• Exception for CCDW holders: A holder of a valid CCDW license under § 1441 is exempt, but only if the firearm is in a vehicle, per § 1457C(c)(5).
• A firearm in a locked container or locked firearms rack in or on a motor vehicle is also exempt, per § 1457C(d)(1).
• Public roads, streets, and bike paths running through or adjacent to college/university property that are open to public vehicular traffic are not considered part of the college or university safe zone, per § 1457C(a)(1)(b).

Assault Weapons and Vehicle Transport

Per 11 Del. C. § 1466, assault weapons (as defined in § 1465) are generally prohibited in Delaware. However, a person who lawfully possessed or completed a purchase of an assault weapon prior to June 30, 2022, may continue to possess and transport it under limited circumstances, including:

• At the person's residence, place of business, or other property owned by that person, or on property owned by another with express permission, per § 1466(c)(3)(a).

Federal Protections: FOPA (Firearm Owners Protection Act)

Under 18 U.S.C. § 926A (the Firearm Owners Protection Act), a person who is legally entitled to possess a firearm at both their origin and destination may transport a firearm through Delaware, provided the firearm is unloaded and neither the firearm nor any ammunition is readily accessible from the passenger compartment (or, if the vehicle lacks a trunk, the firearm must be in a locked container other than the glove compartment or console). This federal protection applies to interstate transport — it does not authorize carrying within Delaware without complying with Delaware law.

Federal Protections: LEOSA (Law Enforcement Officers Safety Act)

Delaware has codified the federal LEOSA provisions:

• 11 Del. C. § 1441A implements 18 U.S.C. § 926B, allowing qualified active law-enforcement officers carrying proper photographic identification to carry a concealed firearm in Delaware, including in vehicles.
• 11 Del. C. § 1441B implements 18 U.S.C. § 926C, allowing qualified retired law-enforcement officers with proper identification and current firearms qualification to carry concealed in Delaware, including in vehicles.
• Both provisions do not override laws permitting private persons or entities to prohibit firearms on their property, or laws prohibiting firearms on state or local government property, per §§ 1441A(b) and 1441B(b).

Prohibited Persons

Regardless of location (including in a vehicle), possession of a deadly weapon — with or without a CCDW license — by a person prohibited from doing so is a felony in Delaware, per the Delaware Attorney General's office and 11 Del. C. § 1448. A CCDW license is automatically void by operation of law if the licensee becomes a prohibited person, per 11 Del. C. § 1441(m).

Prohibited Items

Delaware law prohibits the possession of silencers, sawed-off shotguns, and machine guns under all circumstances, per the Delaware Attorney General's office and 11 Del. C. §§ 1441–1461. These items may not be transported in a vehicle.

Summary of Key Vehicle Carry Rules

Key Statutes

• 11 Del. C. § 1441 — License to carry concealed deadly weapons (CCDW)
• 11 Del. C. § 1441(j) — Reciprocity with other states
• 11 Del. C. § 1441(k) — Temporary licenses for non-residents
• 11 Del. C. § 1441(m) — Automatic voiding of license for prohibited persons
• 11 Del. C. § 1441A — LEOSA implementation for active law enforcement (18 U.S.C. § 926B)
• 11 Del. C. § 1441B — LEOSA implementation for retired law enforcement (18 U.S.C. § 926C)
• 11 Del. C. § 1448 — Persons prohibited from possessing deadly weapons
• 11 Del. C. § 1456 — Unsafe storage of a firearm (including in vehicles)
• 11 Del. C. § 1457A — Possession of a firearm in a Safe School Zone
• 11 Del. C. § 1457C — Possession of a firearm in a college or university safe zone
• 11 Del. C. § 1466 — Assault weapons restrictions
• 18 U.S.C. § 926A — Federal Firearm Owners Protection Act (interstate transport)
• 18 U.S.C. § 926B — Federal LEOSA (active officers)
• 18 U.S.C. § 926C — Federal LEOSA (retired officers)

Reciprocity

Delaware is not a constitutional/permitless carry state. A valid concealed carry permit is required to carry a concealed deadly weapon, whether you are a Delaware resident or a visitor from another state.

How Delaware Reciprocity Works

Under 11 Del. C. § 1441(j), Delaware is required to give "full faith and credit" to concealed carry licenses/permits issued by other states, provided three conditions are met:

1. Mutual recognition — The issuing state must also honor Delaware concealed carry licenses.
2. Reasonably similar protection — The other state's licensing system must afford a "reasonably similar degree of protection as is provided by licensure in Delaware." The statute clarifies that "reasonably similar" does not preclude alternative or differing provisions, nor a different source and process by which eligibility is determined.
3. No pattern of issuing to felons — If there is evidence of a pattern of issuing licenses/permits to convicted felons in another state, the Attorney General must exclude that state from reciprocity, even if its law is otherwise "reasonably similar."

The Delaware Attorney General is responsible for evaluating other states' licensing systems and publishing an updated reciprocity list on January 15 of each year. The list is valid for one year. Any state cannot be removed from the list without 1 year's notice of impending removal, per § 1441(j).

States Recognized by Delaware (January 15, 2025 – January 15, 2026)

For the period January 15, 2025 through January 15, 2026, Delaware recognizes concealed deadly weapon licenses or permits from the following 21 states:

Important: Some states issue multiple tiers of permits. Delaware only recognizes the specific permit levels listed above. If you hold a standard (non-enhanced) Idaho permit, a North Dakota Class 2 permit, or a standard (non-enhanced) South Dakota permit, your permit is not recognized in Delaware.

Resident and Non-Resident Permits

For states on the recognized list, Delaware recognizes both resident and non-resident licenses issued by those states.

No Pending Removals

As of the current list period, there are no notices of pending removal that would take effect January 15, 2026.

Where Delaware Permit Holders Can Carry

Delaware CCDW (Concealed Carry of Deadly Weapons) permit holders may be able to carry concealed in the states listed above that recognize Delaware permits, plus the following additional states that honor Delaware permits:

• Idaho
• Indiana
• Vermont

Delaware permit holders traveling to other states are responsible for knowing and obeying all laws of the state they are visiting. Most states require the permit holder to have the physical permit in their possession while carrying.

Persons Prohibited from Carrying in Delaware — Even with a Valid Out-of-State Permit

Even if you hold a valid, recognized out-of-state permit, you are prohibited from possessing deadly weapons or ammunition in Delaware if you fall into any of the following categories:

• Any person previously convicted of any felony
• Any person previously convicted of any misdemeanor involving physical injury to another or domestic violence, unless more than 5 years has elapsed from the date of conviction
• Any person previously convicted of any crime involving the unlawful use, possession, or sale of any illegal drug
• Any person under age 25 who was previously convicted as a juvenile of a crime that would constitute a felony if committed by an adult
• Any person subject to a Protection From Abuse Order issued by a competent court
• Any person previously committed to a hospital or mental institution for treatment of a mental disorder

These prohibitions apply regardless of whether the person's home state would allow them to carry.

Temporary Non-Resident Licenses

Under 11 Del. C. § 1441(k), the Attorney General has discretion to issue a temporary concealed carry license to non-residents on a limited basis. Key details:

• Available to individuals who are not Delaware residents and who have a short-term, employment-related need to carry a concealed deadly weapon in Delaware for the protection of person or property
• The temporary license automatically expires 30 days from the date of issuance
• The temporary license is not subject to renewal, but a second or subsequent temporary license may be issued
• No individual may be issued more than 3 temporary licenses
• The license must be carried at all times while in Delaware
• Applications must be in writing and include a notice that false statements are punishable by law, per § 1441(l)

Automatic Voiding of Licenses

Per 11 Del. C. § 1441(m), any license issued under § 1441 — including recognized out-of-state permits for purposes of Delaware carry — is automatically void by operation of law if the licensee becomes a person prohibited from possessing deadly weapons under § 1448 of Title 11.

Delaware's Definition of "Deadly Weapon"

Delaware's concealed carry laws apply to "deadly weapons," not just firearms. Under 11 Del. C. § 222(6), "deadly weapon" includes firearms, bombs, knives (other than an ordinary pocketknife with a blade of 3.75 inches or less carried in a closed position), switchblade knives, billies, blackjacks, bludgeons, metal knuckles, slingshots, razors, bicycle chains, ice picks, dangerous instruments used to cause death or serious physical injury, and projectile weapons.

Assault Weapons Restriction

Under 11 Del. C. § 1466, Delaware prohibits the transport, manufacture, sale, transfer, purchase, receipt, or possession of assault weapons (as defined in § 1465). This ban took effect June 30, 2022. Visitors carrying under a recognized out-of-state permit must ensure their firearm does not fall within Delaware's assault weapon definition, which includes certain semiautomatic rifles, pistols, and shotguns with specified features. Grandfathering provisions exist only for persons who lawfully possessed such weapons prior to June 30, 2022.

Law Enforcement Verification

Law enforcement officials from other jurisdictions may verify Delaware CCDW permits by contacting the Delaware State Police Headquarters via NLET.AM directed to DEDSP0000 or by calling 302-659-2341.

Federal Protections

Federal law provides additional protections that apply regardless of state reciprocity:

• Firearm Owners' Protection Act (FOPA), 18 U.S.C. § 926A — Provides safe passage for persons transporting firearms through states (including Delaware) where they may not have a recognized permit, provided the firearm is unloaded and not readily accessible, and the person is traveling between locations where possession is lawful. This is a federal protection, not a Delaware state law provision.
• Law Enforcement Officers Safety Act (LEOSA), 18 U.S.C. §§ 926B–926C — Allows qualified active and retired law enforcement officers to carry concealed firearms nationwide, subject to certain conditions.

Note: Specific details on FOPA and LEOSA are governed by federal statute and are not addressed in the Delaware sources provided.

Key Statutes

Delaware Castle Doctrine & Use of Force Laws

Overview

Delaware has a Castle Doctrine but does not have a traditional Stand Your Ground law. Delaware law imposes a duty to retreat before using deadly force in public spaces, but provides important exceptions for persons in their dwelling or place of work.

The relevant use of force statutes are found in Delaware Code, Title 11, Chapter 4 (Defenses to Criminal Liability), specifically §§ 461–471. Section 461 establishes the foundational rule:

"In any prosecution for an offense, justification, as defined in §§ 462-471 of this title, is a defense." — 11 Del. C. § 461

These provisions were originally enacted as part of Delaware's comprehensive Criminal Code revision in 58 Del. Laws, c. 497, § 1 and have been subsequently amended (notably by 70 Del. Laws, c. 186, § 1).

Key Statutes

Justification as a Defense — 11 Del. C. § 461

Establishes that justification, as defined in §§ 462–471, is a complete defense to any criminal prosecution. This is the gateway provision — all use-of-force defenses flow through this section.

Use of Force in Self-Protection — 11 Del. C. § 464

Delaware law permits the use of force upon or toward another person when the defender believes that such force is immediately necessary to protect themselves against the use of unlawful force by the other person on the present occasion.

Deadly force is justifiable only when the defender believes it is necessary to protect themselves against:

• Death
• Serious physical injury
• Kidnapping
• Sexual intercourse compelled by force or threat (forcible sexual assault)

Duty to Retreat — 11 Del. C. § 464

Delaware generally imposes a duty to retreat before using deadly force, if the defender knows they can retreat in complete safety. However, there are critical exceptions:

• No duty to retreat in one's dwelling (the Castle Doctrine)
• No duty to retreat in one's place of work

This means that inside your home or workplace, you may use deadly force in self-defense without first attempting to retreat, provided the other conditions for justifiable use of deadly force are met.

Important: The "complete safety" standard is key. The duty to retreat only arises when the defender knows that retreat is possible with complete safety. If there is any doubt or risk in retreating, the duty does not apply even in public.

Limitations on Justifiable Use of Force — 11 Del. C. § 464

The use of deadly force is not justifiable if:

1. The defender, with the purpose of causing death or serious physical injury, provoked the use of force against themselves in the same encounter (the initial aggressor rule).
2. The defender knows they can avoid the necessity of using such force with complete safety by retreating — except when in their dwelling or place of work.

Use of Force for the Protection of Other Persons — 11 Del. C. § 465

A person may use force to protect a third party when:

• They believe the circumstances would justify the third party using such force in self-defense; and
• They believe their intervention is necessary for the protection of that other person.

The same rules regarding deadly force and the duty to retreat apply when defending others. A defender acting on behalf of another person steps into the shoes of that person and is subject to the same limitations — including the duty to retreat in public if the third party could have retreated in complete safety.

Use of Force for the Protection of Property — 11 Del. C. § 466

Force may be used to protect property when the defender believes it is immediately necessary to prevent or terminate unlawful interference with the property. However, deadly force is generally not justified solely to protect property — there must be an accompanying threat to personal safety meeting the standards of § 464.

Use of Force in Defense of Premises — 11 Del. C. § 467

A person in possession or control of premises (or one who is licensed or privileged to be thereon) may use force upon another when they believe it is immediately necessary to prevent or terminate an unlawful entry or trespass.

Deadly force in defense of premises is permitted only when the defender believes:

1. The intruder is attempting to commit arson, burglary, robbery, or felonious theft or property destruction; and
2. The use of force other than deadly force would expose the defender or another person in the dwelling to substantial danger of serious physical injury.

Both conditions must be met — the mere fact of an unlawful entry does not automatically justify deadly force. This is a conjunctive test: the intruder must be committing a qualifying felony, and lesser force must be inadequate to protect against serious physical injury.

Use of Force by Persons with Special Responsibility — 11 Del. C. § 468

Addresses use of force by persons with special care, discipline, or safety responsibilities (e.g., parents, teachers, guardians, corrections officers). Limited force may be justified in the exercise of these responsibilities, but this does not extend to deadly force.

Use of Force in Law Enforcement — 11 Del. C. § 469

Governs the use of force by law enforcement officers in the performance of their duties, including the use of deadly force in effecting arrests. Private citizens should be aware that their use-of-force authority under §§ 464–467 is narrower than what is available to law enforcement under § 469.

General Provisions — 11 Del. C. § 470

Provides general rules applicable to all justification defenses under §§ 462–471, including:

• The standard of reasonable belief for justification claims
• Rules regarding reckless or negligent use of force — if a person is reckless or negligent in forming the belief that force is necessary, the justification defense may be unavailable for offenses requiring recklessness or negligence as the culpable mental state
• Interaction between justification defenses and other criminal law provisions

Definitions Relating to Justification — 11 Del. C. § 471

Provides statutory definitions for key terms used throughout the justification provisions (§§ 462–470), including the legal meanings of "dwelling," "premises," and other terms critical to the Castle Doctrine analysis.

Related Defenses Relevant to Use-of-Force Cases

Voluntary Intoxication — 11 Del. C. §§ 421–424

Delaware law addresses how intoxication interacts with criminal defenses, which is directly relevant to use-of-force claims. The statute provides specific definitions:

"Intoxication" means "the inability, resulting from the introduction of substances into the body, to exercise control over one's mental faculties." — 11 Del. C. § 424(1)

"Voluntary intoxication" means "intoxication caused by substances which the actor knowingly introduces into the actor's body, the tendency of which to cause intoxication the actor knows or should know, unless the actor introduces them pursuant to medical advice or under such duress as would afford a defense to a prosecution for a criminal offense." — 11 Del. C. § 424(2)

Voluntary intoxication may significantly undermine a self-defense claim, as the reasonableness of the defender's belief in the necessity of force is evaluated under § 470's reasonable-belief standard. An intoxicated person's perception of threat may be deemed unreasonable, defeating the justification defense.

Duress — 11 Del. C. § 431

Duress may serve as an affirmative defense when a person was coerced into conduct by force or threat of force. The full statutory text provides:

"In any prosecution for an offense, it is an affirmative defense that the defendant engaged in the conduct charged to constitute the offense because the defendant was coerced to do so by the use of, or a threat to use, force against the defendant's person or the person of another, which a reasonable person in the defendant's situation would have been unable to resist." — 11 Del. C. § 431(a)

Critical limitation: This defense is unavailable if the defendant "intentionally or recklessly placed himself or herself in a situation in which it was probable that the defendant would be subjected to duress" (§ 431(b)). This is relevant to concealed carry holders who may voluntarily enter situations where coercion is foreseeable.

Notably, Delaware has abolished the presumption that a woman acting in the presence of her husband is coerced (§ 431(c)).

Ignorance or Mistake of Fact — 11 Del. C. § 441

Ignorance or mistake of fact can serve as a defense when:

1. The ignorance or mistake negatives the state of mind required for the offense; or
2. The statute expressly provides that such ignorance constitutes a defense; or
3. The ignorance or mistake is of a kind that supports a defense of justification as defined in the Criminal Code.

This third prong is directly relevant to self-defense claims — a person who mistakenly but reasonably believes they are under threat may rely on this provision to support their justification defense under § 464.

Consent — 11 Del. C. §§ 451–453

Consent of the victim can be a defense for acts not involving physical injury (§ 451), and even for some acts involving physical injury if the injury is not serious or is a foreseeable hazard of concerted activity or athletics (§ 452). However, consent is not a defense if obtained through force, duress, or deception, or from a person legally incompetent to consent (§ 453). While rarely applicable in Castle Doctrine scenarios, these provisions may be relevant in mutual-combat situations where a self-defense claim is raised.

Castle Doctrine Summary

Delaware's Castle Doctrine provides that:

1. In your dwelling, you have no duty to retreat before using deadly force in self-defense.
2. In your place of work, you have no duty to retreat before using deadly force in self-defense.
3. In public, you generally must retreat if you can do so in complete safety before resorting to deadly force.
4. In a vehicle, the duty to retreat applies — Delaware does not extend Castle Doctrine protections to vehicles.
5. In defense of premises, deadly force is justified only against intruders committing arson, burglary, robbery, or felonious property crimes and when lesser force would expose occupants to substantial danger of serious physical injury (conjunctive test).
6. The use of force must always be based on a reasonable belief that it is immediately necessary under the circumstances.
7. The initial aggressor cannot claim self-defense — one who provokes a confrontation with the purpose of causing death or serious injury forfeits the justification defense.

Relevant Court Decisions

Delaware courts have addressed several issues related to carrying firearms and the use of force. These decisions help define the practical scope of Castle Doctrine and carry rights:

These decisions are particularly relevant for concealed carry permit holders, as they clarify where lawful carry is permitted beyond the statutory framework. The 2017 and 2018 decisions collectively establish that Delaware CCDW holders may carry in state parks and forests.

Important Notes for Concealed Carry Permit Holders

• Delaware does not have a Stand Your Ground law — the duty to retreat applies in all public places where you can retreat in complete safety.
• The Castle Doctrine applies to your dwelling and place of work only — not to your vehicle, a friend's home, or other locations where you may be a guest.
• Even where the Castle Doctrine applies, the use of deadly force must be based on a reasonable belief that it is necessary to prevent death, serious physical injury, kidnapping, or forcible sexual assault.
• The initial aggressor or provoker of a confrontation generally cannot claim self-defense under § 464.
• Defense of premises (§ 467) has a higher threshold than self-defense in the dwelling — deadly force requires both a qualifying felony attempt AND a risk of serious physical injury from using lesser force (conjunctive test).
• Delaware courts have upheld the right to carry in state parks and forests as of the 2017 Supreme Court decision, but specific regulations may still apply to particular locations.
• Voluntary intoxication (§§ 421–424) may undermine a self-defense claim if it affects the reasonableness of your belief in the necessity of force. Carrying while intoxicated creates both legal and practical risks.
• Duress (§ 431) may serve as an affirmative defense if you were coerced into conduct by force or threat of force that a reasonable person could not resist — but this defense is unavailable if you recklessly placed yourself in the situation.
• Mistake of fact (§ 441) may support a justification defense if you reasonably but mistakenly believed you were in danger, but the mistake must be objectively reasonable.
• Reckless or negligent formation of the belief that force was necessary may defeat the justification defense for offenses that require only recklessness or negligence as the mental state (§ 470).
• Delaware has no statutory civil immunity provision specifically shielding justified use-of-force from civil lawsuits (unlike some Stand Your Ground states). A successful criminal defense does not automatically bar a civil suit by the person against whom force was used.

Legislative History

The justification provisions in Delaware's Criminal Code have a clear legislative lineage:

• 58 Del. Laws, c. 497, § 1 — Original enactment of the Delaware Criminal Code, including all justification provisions (§§ 461–471), intoxication provisions (§§ 421–424), duress (§ 431), and related defenses.
• 59 Del. Laws, c. 203, § 38 — Amended entrapment provisions (§ 432).
• 70 Del. Laws, c. 186, § 1 — Subsequent comprehensive amendments to the justification and defense provisions, including updates to §§ 421–424 (intoxication), § 431 (duress), § 432 (entrapment), § 453 (consent), and the justification sections.
• 73 Del. Laws, c. 126, § 2 — Added § 454 regarding knowledge of victim's age.
• 78 Del. Laws, c. 224, § 11 — Amended § 453 (consent), adding "serious mental disorder" and "psychiatric disorder" to the list of conditions that may negate consent.

As of 2026, there is no pending legislation in Delaware to adopt a Stand Your Ground law or to modify the Castle Doctrine provisions.

Statutory References

Core Use-of-Force Provisions

Related Defenses

Legislative History

Duty to Inform Law Enforcement in Delaware

No Statutory Duty to Inform

Delaware does not have a statutory duty to inform law enforcement that you are carrying a concealed weapon during a routine traffic stop or other law enforcement encounter. A review of Delaware's criminal code — Title 11, Chapter 5, Subchapter VII, which governs firearms and other deadly weapons (§§ 1301–1474) — does not reveal a duty-to-inform provision based on the statutory framework.

Relevant Statutory Framework

Delaware's concealed carry license provisions are found primarily in 11 Del. C. § 1441 through § 1441B (License to Carry Concealed Deadly Weapons). Based on a review of the relevant statutory framework, these provisions do not appear to include a duty-to-inform requirement.

Practical Considerations

• Although there is no legal obligation to volunteer the information, permit holders should familiarize themselves with all applicable requirements under their concealed carry license by consulting the full text of the relevant statutes.
• If asked by a law enforcement officer whether you are carrying a weapon, it is generally advisable to respond truthfully. Providing false information to law enforcement could potentially result in criminal charges under applicable Delaware law.
• Even without a legal duty, voluntarily informing officers during encounters is often recommended as a matter of safety and courtesy.

Important Note

While Delaware does not impose a proactive duty to inform, permit holders should always comply with lawful requests from law enforcement officers. Individuals should consult the full text of the relevant statutes or seek legal counsel for definitive guidance on their specific obligations.

Training Requirements for Delaware Concealed Carry License

Delaware requires completion of a firearms training course before an initial concealed carry license (CCDW) can be issued. Training is governed by 11 Del. C. § 1441(a)(3) and applies only to initial license applications — renewal applicants are explicitly exempt from additional training requirements.

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Who Must Complete Training

• All first-time applicants for a Delaware concealed deadly weapon license must complete a qualifying firearms training course before the license will be issued, per § 1441(a)(3).
• Renewal applicants are NOT required to complete additional training. Per § 1441(a)(5)(a): "No requirements in addition to those specified in this paragraph may be imposed for the renewal of a license." Renewal requires only an affidavit, payment of the $65 fee, and continued eligibility.

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Required Training Course Elements

Per 11 Del. C. § 1441(a)(3), the firearms training course must include all of the following minimum elements:

1. Knowledge and safe handling of firearms — Instruction on proper firearm handling techniques
2. Safe storage of firearms and child safety — Instruction on secure firearm storage practices, with emphasis on child safety
3. Knowledge and safe handling of ammunition — Instruction on ammunition types and safe handling
4. Safe storage of ammunition and child safety — Instruction on secure ammunition storage, with emphasis on child safety
5. Safe firearms shooting fundamentals — Instruction on basic marksmanship principles
6. Live fire shooting exercises — Conducted on a range, including the expenditure of a minimum of 100 rounds of ammunition
7. Developing and maintaining firearm shooting skills — Identification of ways to build and sustain proficiency
8. Federal and state laws — Instruction regarding federal and state laws pertaining to the lawful purchase, ownership, transportation, use, and possession of firearms
9. Delaware deadly force laws — Instruction regarding the laws of Delaware pertaining to the use of deadly force for self-defense
10. Conflict avoidance and management — Instruction regarding techniques for avoiding a criminal attack and how to manage a violent confrontation, including conflict resolution

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Approved Training Providers

Per 11 Del. C. § 1441(a)(3), the training course must be sponsored by one of the following types of organizations:

• A federal, state, county, or municipal law enforcement agency
• A college
• A nationally recognized organization that customarily offers firearms training (e.g., the National Rifle Association)
• A firearms training school with instructors certified by a nationally recognized organization that customarily offers firearms training

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Proof of Training Completion

Per 11 Del. C. § 1441(a)(3), the applicant must file with the Prothonotary (the county court clerk) a notarized certificate that:

• Is signed by an instructor or authorized representative of the sponsoring agency, school, organization, or institution
• Certifies that the applicant has completed a firearms training course containing at least the minimum elements described above
• Certifies that the course is sponsored by one of the qualifying organizations listed above

Per 11 Del. C. § 1441(e), the Prothonotary issues the license only "following receipt of the notarized certification of satisfactory completion of the firearms training course requirement." This means the training certificate must be on file before the physical license is issued, even after the court has approved the application.

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Training Timing in the Application Process

The statute allows for the training certificate to be filed either:

• At the time of initial application filing (along with the written application, the certificate of 5 respectable citizens, and the $65 fee), or
• After court approval but before license issuance — Per § 1441(e), the Prothonotary issues the license after the court endorses "approved" on the application and after receiving the notarized training certification

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Renewal — No Additional Training Required

Per 11 Del. C. § 1441(a)(5)(a):

• The initial license is valid for 3 years
• Renewals are for 5-year periods and require only:
  • Payment of a $65 fee
  • Filing an affidavit stating that carrying a concealed deadly weapon is necessary for personal protection or protection of property, and that the person possesses all requirements for license issuance
• The statute explicitly states: "No requirements in addition to those specified in this paragraph may be imposed for the renewal of a license."
• The Superior Court retains discretion to inquire into a renewal request and deny it "for good cause shown"

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LEOSA (Law Enforcement Officers Safety Act) — Special Provisions

Delaware has codified state implementation of the federal LEOSA at 11 Del. C. § 1441A (active officers) and 11 Del. C. § 1441B (retired officers):

• Qualified active law enforcement officers (per § 1441A) must meet standards established by their agency requiring them to regularly qualify in the use of a firearm
• Qualified retired law enforcement officers (per § 1441B(c)(4)) must have met, within the most recent 12-month period and at their own expense, the standards for qualification in firearms training for active law enforcement officers, as determined by:
  • Their former agency, or
  • The state in which they reside, or
  • If the state has not established such standards, either a law enforcement agency within the state or the standards used by a certified firearms instructor qualified to conduct a firearms qualification test for active duty officers within that state

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Key Statutes

Delaware Concealed Carry Permit Application Process

Governing Statute

The concealed carry permit application process in Delaware is governed by 11 Del. C. § 1441 — "License to carry concealed deadly weapons."

Eligibility Requirements

A person must be:

• Of full age (21 years or older)
• Of good moral character
• Desiring to carry a concealed deadly weapon for personal protection or protection of property

Step-by-Step Application Process

Step 1: Prepare Written Application

The applicant must prepare a written application clearly stating:

• That the person is of full age
• That the person desires to be licensed to carry a concealed deadly weapon for personal protection or protection of property, or both
• The person's residence and occupation
• All information necessary to conduct a criminal history background check

The application must be filed with the Prothonotary of the proper county (the county in which the applicant resides) at least 15 days before the next term of Superior Court.

(11 Del. C. § 1441(a)(1))

Step 2: Obtain Certificate of Five Respectable Citizens

The applicant must file, with the Prothonotary, a certificate signed by 5 respectable citizens of the county in which the applicant resides. The certificate must clearly state:

• The applicant is a person of full age, sobriety, and good moral character
• The applicant bears a good reputation for peace and good order in the community
• The carrying of a concealed deadly weapon is necessary for the protection of the applicant or the applicant's property, or both

The certificate must be signed with the proper signatures and in the proper handwriting of each respectable citizen.

(11 Del. C. § 1441(a)(2))

Step 3: Verification Under Oath

The applicant must file the application verified by oath or affirmation in writing, taken before an officer authorized by Delaware law to administer oaths. Under this verification, the applicant must state that:

• The certificate and recommendation were read to or by the signers
• The signatures are in the proper and genuine handwriting of each signer

(11 Del. C. § 1441(a)(3))

Step 4: Complete Firearms Training Course (Initial Application Only)

Prior to the issuance of an initial license, the applicant must file with the Prothonotary a notarized certificate signed by an instructor or authorized representative of a sponsoring agency, school, organization, or institution certifying that the applicant:

1. Has completed a firearms training course containing the required minimum elements
2. Is sponsored by an approved entity

Approved Sponsoring Entities:

• Federal, state, county, or municipal law-enforcement agency
• A college
• A nationally recognized organization that customarily offers firearms training
• A firearms training school with instructors certified by a nationally recognized organization

Required Course Elements:

• a. Knowledge and safe handling of firearms
• b. Safe storage of firearms and child safety
• c. Knowledge and safe handling of ammunition
• d. Safe storage of ammunition and child safety
• e. Safe firearms shooting fundamentals
• f. Live fire shooting exercises conducted on a range, including the expenditure of a minimum of 100 rounds of ammunition
• g. Ways to develop and maintain firearm shooting skills
• h. Federal and state laws pertaining to lawful purchase, ownership, transportation, use, and possession of firearms
• i. Laws of Delaware pertaining to the use of deadly force for self-defense
• j. Techniques for avoiding a criminal attack and managing a violent confrontation, including conflict resolution

(11 Del. C. § 1441(a)(3))

Step 5: Pay Application Fee

At the time the application is filed, the applicant must pay a fee of $65.00 to the Prothonotary.

(11 Del. C. § 1441(a)(4))

Step 6: Publication of Application

The Prothonotary shall cause notice of every application to be published once, at least 10 days before the next term of Superior Court, in a newspaper of general circulation published in the county. The publication is made as a list in alphabetical form stating the name and residence of each applicant.

(11 Del. C. § 1441(b))

Step 7: Superior Court Review

The Prothonotary lays all applications before the Superior Court at its next term, together with the certificates and recommendations. The Court reviews the applications on the first day of such term.

The Court may or may not, in its discretion, approve any application. To satisfy itself regarding the propriety of approval, the Court may:

• Receive remonstrances (formal objections)
• Hear evidence and arguments for and against the application
• Establish general rules for that purpose

(11 Del. C. § 1441(c), (d))

Step 8: Court Decision and License Issuance

• If approved: The Court endorses "approved" with the date and signature. The Prothonotary notifies the applicant and, following receipt of the notarized firearms training course certification, issues the license.
• If not approved: The Court endorses "not approved" with signature.

The license expires on June 1 next succeeding the date of approval.

The Prothonotary must affix a photographic representation (photo) of the licensee to the license before lamination.

(11 Del. C. § 1441(e), (f))

Criminal History Background Check

The Superior Court may conduct a criminal history background check pursuant to Chapter 85 of Title 11 for licensing purposes. The applicant must submit all information necessary to conduct the background check.

(11 Del. C. § 1441(a)(1))

Fingerprinting for Background Check

The fee for a certified State of Delaware Criminal History is $72.00. The fee for a combined State and Federal Criminal History is $85.00. Fingerprint appointments can be scheduled through IdentoGo at 9 locations across Delaware (Wilmington, Newark (x2), Middletown, Dover (x2), Milford, Georgetown, and Seaford).

If there is a specific requirement that fingerprints must be taken by a law enforcement agency (such as for a concealed carry permit in some states), the applicant must respond to the State Bureau of Identification location at 600 S. Bay Rd, Dover, DE 19901. No other IdentoGo location can satisfy this requirement.

License Duration and Renewal

Initial License

• Valid for 3 years from issuance

(11 Del. C. § 1441(a)(5)(a))

Renewal

• On or before the expiration date, the licensee may renew without further application for a period of 5 years
• Renewal fee: $65.00
• The licensee must file an affidavit with the Prothonotary stating:
  • Carrying a concealed deadly weapon is necessary for personal protection or protection of property
  • The person possesses all requirements for license issuance
• Subsequent renewals may be made every 5 years thereafter
• The Superior Court, upon good cause, may inquire into the renewal request and deny it for good cause shown
• No additional requirements beyond those specified may be imposed for renewal
• No firearms training course is required for renewal — only for initial applications

(11 Del. C. § 1441(a)(5)(a))

COVID-19 Extension (Expired)

Licenses that expired in 2020 or 2021 could be renewed by satisfying conditions with the Prothonotary no later than December 31, 2022.

(11 Del. C. § 1441(a)(5)(b))

License Forms

The Secretary of State prepares blank license forms and issues them to the Prothonotaries of the counties in Delaware.

(11 Del. C. § 1441(f))

Concealed Carry License Holder Benefits

Holders of a valid concealed carry permit issued under § 1441 are:

• Exempt from background check requirements for firearm purchases from licensed dealers (11 Del. C. § 1448A(e)(5))
• Exempt from background check requirements for private firearm transfers (11 Del. C. § 1448B(c)(6))
• Not required to obtain a handgun qualified purchaser permit before purchasing a handgun (11 Del. C. § 1448D(c)(2))
• Exempt from the large-capacity magazine prohibition (11 Del. C. § 1469(c)(5))

Summary of Fees

Filing Location

Applications are filed with the Prothonotary of the county in which the applicant resides. Delaware has three counties:

• New Castle County
• Kent County
• Sussex County

Fees and Costs for Delaware Concealed Carry Permits

Application and Permit Fees

• Initial Application Fee: $65, paid to the Prothonotary (the county court clerk responsible for issuing licenses) at the time the application is filed, per 11 Del. C. § 1441(a)(4).

• Renewal Fee: $65, paid to the Prothonotary upon renewal, per 11 Del. C. § 1441(a)(5).

• Initial License Term: The license issued upon initial application is valid for 3 years, per 11 Del. C. § 1441(a)(5).

• Renewal License Term: Renewal licenses are valid for 5 years, and subsequent renewals may be made every 5 years thereafter, per 11 Del. C. § 1441(a)(5).

Retired Law Enforcement Officer Fees

Retired police officers who served at least 20 years in a Delaware law-enforcement agency (or who are eligible for a duty-connected disability pension) may obtain a concealed carry license under a streamlined process, per 11 Del. C. § 1441(h):

• Fee: $65, paid to the Prothonotary in the county of residence, regardless of whether the application is filed within 90 days of retirement or between 90 days and 20 years after retirement, per 11 Del. C. § 1441(h)(1) and (h)(2).

Newspaper Publication Costs

The Prothonotary is required to publish notice of every concealed carry application in a newspaper of general circulation in the county at least 10 days before the next term of Superior Court, per 11 Del. C. § 1441(b). The statute does not specify who bears the cost of publication or the amount of the publication fee. In practice, applicants should expect to pay the newspaper publication cost, which varies by county and newspaper. This cost is in addition to the $65 application fee.

Criminal Background Check Fees

The application process requires submission of information necessary for a criminal history background check, per 11 Del. C. § 1441(a)(1). The Delaware State Police charges the following fees for certified criminal history checks:

• State of Delaware Criminal History: $72.00
• State of Delaware and Federal Criminal History (must be mandated by law): $85.00

These fees are paid through the IdentoGO fingerprinting service. Applicants should confirm with the Prothonotary's office which level of background check is required for their application.

Firearms Training Course Costs

For initial applications only, applicants must file a notarized certificate showing completion of a qualifying firearms training course, per 11 Del. C. § 1441(a)(3). The statute specifies the minimum course content (including live fire with a minimum of 100 rounds of ammunition) but does not set or cap the cost of the training course. Training costs vary by provider and are an additional out-of-pocket expense for the applicant.

Note: No additional training is required for renewal. Per 11 Del. C. § 1441(a)(5), "No requirements in addition to those specified in this paragraph may be imposed for the renewal of a license."

Temporary License for Non-Residents

The Attorney General has discretion to issue a temporary concealed carry license to non-residents who have a short-term, employment-related need to carry within Delaware, per 11 Del. C. § 1441(k). Key details:

• The temporary license expires 30 days from the date of issuance
• It is not subject to renewal, but a second or subsequent temporary license may be issued
• No individual may be issued more than 3 temporary licenses
• The statute does not specify a fee for the temporary license; the Attorney General has authority to promulgate regulations for administration of temporary licenses

Summary of Known Fees

COVID-Era Renewal Extension (Expired)

Persons whose licenses expired in 2020 or 2021 were permitted to file for late renewal by satisfying all standard renewal conditions (including the $65 fee) no later than December 31, 2022, per 11 Del. C. § 1441(a)(5)(b). This provision has expired and is no longer available.

Key Statutes

• 11 Del. C. § 1441 — License to carry concealed deadly weapons (application requirements, fees, renewal, retired officers, reciprocity, temporary licenses)
• 11 Del. C. § 1441(a)(4) — $65 application fee
• 11 Del. C. § 1441(a)(5) — $65 renewal fee; initial 3-year term; 5-year renewal term
• 11 Del. C. § 1441(a)(3) — Firearms training course requirement for initial applications
• 11 Del. C. § 1441(b) — Newspaper publication requirement
• 11 Del. C. § 1441(h) — Retired law enforcement officer licensing and fees
• 11 Del. C. § 1441(k) — Temporary non-resident license

Delaware Weapon Restrictions

Delaware imposes several categories of weapon restrictions that apply to all firearms owners, including concealed carry permit holders. These restrictions cover prohibited weapon types, magazine capacity limits, prohibited persons, and special firearm categories.

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Assault Weapons Ban

Delaware enacted a comprehensive assault weapons ban effective June 30, 2022, per 83 Del. Laws, c. 328 (codified at §§ 1464–1467, Title 11).

What Qualifies as an "Assault Weapon"

Per § 1465, Title 11, an "assault weapon" means any of the following:

• An assault long gun — a list of specifically named firearms and their copies, including but not limited to:

  • AK-47 in all forms
  • Colt AR-15, CAR-15, and all imitations (except Colt AR-15 Sporter H-BAR rifle)
  • Bushmaster semi-auto rifle
  • UZI 9mm carbine or rifle
  • FN LAR and FN FAL assault rifle
  • Barrett light .50 cal. semi-auto
  • And dozens more specifically enumerated models

• An assault pistol — a list of specifically named pistols and their copies, including but not limited to:

  • Intratec TEC-9/DC-9 in any centerfire variation
  • Ingram MAC 10/11 and variations
  • UZI pistol
  • Heckler and Koch MP5K, MP7, SP-89, or VP70 pistol
  • And others specifically enumerated

• A "copycat weapon" — defined by features-based tests per § 1465(6), Title 11:

  • A semiautomatic, centerfire rifle that can accept a detachable magazine and has at least 1 of the following: folding or telescoping stock; any grip (including pistol grip, thumbhole stock, or other stock) allowing a finger other than the trigger finger to be directly below the action; forward pistol grip; flash suppressor; or grenade/flare launcher
  • A semiautomatic, centerfire rifle with an overall length of less than 30 inches
  • A semiautomatic pistol that can accept a detachable magazine and has at least 1 of the following: ability to accept a detachable magazine outside the pistol grip (with a limited exception for rimfire pistols used in competitive shooting events operated by state or nationally recognized organizations); threaded barrel capable of accepting a flash suppressor, forward pistol grip, or silencer; barrel shroud (except a slide enclosing the barrel); or a second hand grip
  • A semiautomatic shotgun with both a folding/telescoping stock and a grip allowing a finger other than the trigger finger to be directly below the action
  • A semiautomatic shotgun with the ability to accept a detachable magazine
  • A shotgun with a revolving cylinder
  • A semiautomatic pistol with a fixed magazine that can accept more than 17 rounds
  • A semiautomatic, centerfire rifle with a fixed magazine that can accept more than 17 rounds

Prohibited Conduct

Per § 1466(a), Title 11, it is unlawful to:

• Transport an assault weapon into Delaware
• Manufacture, sell, offer to sell, transfer, purchase, receive, or possess an assault weapon

Penalty: Violation is a class D felony, per § 1466(d), Title 11.

Grandfathering Provisions

Per § 1466(c)(3), Title 11, a person who lawfully possessed or completed a purchase of an assault weapon prior to June 30, 2022, may continue to possess and transport it only under these circumstances:

• At the person's residence, place of business, or other property owned by that person (or on another's property with express permission)
• While on the premises of a shooting range
• While attending a firearms exhibition, display, or educational project sponsored by a law-enforcement agency or nationally/state-recognized firearms entity
• While transporting between any of the above locations or to a licensed dealer for service/repair, if the assault weapon is placed in secure storage (defined as a locked container or equipped with a tamper-resistant mechanical lock rendering it inoperable by unauthorized persons, per § 1465(12))

Ownership may be transferred to a family member (as defined in § 901 of Title 10) if the transferor lawfully possessed it and the family member is otherwise lawfully permitted to possess it, per § 1466(c)(5).

Inheritance of a lawfully possessed assault weapon is also permitted if the inheritor is not a prohibited person under § 1448, per § 1466(b)(5).

Voluntary Certificate of Possession

Per § 1467, Title 11, persons who lawfully possessed an assault weapon before June 30, 2022, could apply for a voluntary certificate of possession no later than June 30, 2023. This certificate serves as conclusive evidence of lawful pre-ban possession. Persons who inherit or receive a weapon from a family member may apply within 60 days of taking possession.

Exemptions from the Assault Weapons Ban

Per § 1466(b), Title 11, the ban does not apply to:

• U.S. government personnel, armed forces members, and National Guard members acting within official duties
• Law-enforcement officers acting within official duties
• Assault weapons rendered permanently inoperative
• Licensed firearms dealers/manufacturers servicing weapons for law enforcement, selling to out-of-state dealers, or returning warranty items to out-of-state customers
• Qualified retired law-enforcement officers (for weapons sold/transferred by their agency on retirement or purchased for official use before retirement)
• Armored car guards acting within the scope of employment

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Large-Capacity Magazine Restrictions

Per §§ 1468–1469, Title 11 (enacted by 83 Del. Laws, c. 331):

Definition

A "large-capacity magazine" is any ammunition feeding device capable of accepting, or that can readily be converted to hold, more than 17 rounds of ammunition, per § 1468(2).

Exceptions to the definition:

• An attached tubular device designed to accept, and only capable of operating with, .22 caliber rimfire ammunition is not a large-capacity magazine
• The mere presence of a removable floor plate in a magazine not capable of accepting more than 17 rounds is not sufficient evidence that it can be readily converted

Prohibited Conduct

Per § 1469(a), it is unlawful to manufacture, sell, offer for sale, purchase, receive, transfer, or possess a large-capacity magazine.

Penalties (Graduated)

Per § 1469(b):

• First offense (possession only): Civil penalty of $100
• Second offense (possession only): Class B misdemeanor
• Third or subsequent offense or any non-possession violation (manufacture, sale, transfer, etc.): Class E felony
• The magazine is subject to forfeiture

Exemptions for Concealed Carry Permit Holders

Important for permit holders: Per § 1469(c)(5), the large-capacity magazine prohibition does not apply to an individual who holds a valid concealed carry permit issued by the Superior Court under § 1441, Title 11.

Other Exemptions

Per § 1469(c), the prohibition also does not apply to:

• U.S. government personnel acting within official duties
• Armed forces and National Guard members acting within official duties
• Law-enforcement officers
• Qualified retired law-enforcement officers
• Licensed firearms dealers selling to other dealers or to exempt individuals
• Magazines rendered permanently inoperable or permanently modified to accept 17 rounds or less

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Covert or Undetectable Firearms

Per § 1462, Title 11 (enacted by 83 Del. Laws, c. 246):

• Possession of a covert or undetectable firearm is a class E felony
• Manufacturing, causing to be manufactured, transporting, or selling a covert or undetectable firearm is a class D felony

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Untraceable Firearms ("Ghost Guns")

Per § 1463, Title 11 (enacted by 83 Del. Laws, c. 246):

• Possession of an untraceable firearm is a class E felony
• Manufacturing, assembling, selling, or transferring an untraceable firearm is a class D felony
• Using a 3D printer to manufacture a firearm, firearm receiver, or major component (when not licensed as a manufacturer) is a class D felony
• Distributing 3D-printing instructions (CAD files or other digital code) for manufacturing firearms to unlicensed persons is a class D felony

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Prohibited Persons — Who Cannot Possess Weapons

Per § 1448(a), Title 11, the following persons are prohibited from possessing, purchasing, owning, or controlling a deadly weapon or ammunition:

1. Persons convicted of a felony — under Delaware law, federal law, or the laws of any other state (referenced in § 1448(a)(1)–(4), though the full text of subsections (1)–(6) is not completely reproduced in the available sources)

2. Persons under age — referenced in § 1448(a)(5) (juveniles age 15–17 face mandatory minimum sentences per § 1448(f))

3. Persons convicted of a misdemeanor crime of domestic violence — per § 1448(a)(7). This is defined as any misdemeanor offense that:

   • Was committed by a family member (as defined in § 901 of Title 10), former spouse, person who cohabited with the victim at the time of or within 3 years prior to the offense, person with a child in common, or person with a substantive dating relationship (as defined in § 1041 of Title 10) at the time of or within 3 years prior to the offense
   • Is an offense under §§ 601, 602, 603, 611, 614, 621, 625, 628A, 763, 765, 766, 767, 781, 785, or 791 of Title 11, or any similar offense in another jurisdiction

4. Fugitives from justice — per § 1448(a)(8), any person who, knowing they are a defendant in a felony case, fails to appear for a scheduled court proceeding. It is no defense that the person did not receive notice.

5. Persons simultaneously possessing controlled substances — per § 1448(a)(9), if the weapon is a semi-automatic or automatic firearm or a handgun, and the person simultaneously possesses a controlled substance in violation of § 4763 of Title 16

6. Persons subject to a lethal violence protective order — per § 1448(a)(11), issued under § 7704 of Title 10, for as long as the order remains in effect

7. Persons with outstanding arrest warrants or active charges for felonies or domestic violence misdemeanors — per § 1448(a)(12), such persons are prohibited from purchasing a firearm or projectile weapon

Penalties for Prohibited Persons

Per § 1448(b)–(c), Title 11:

• Possession of a deadly weapon (non-firearm) by a prohibited person: class F felony
• Possession of a firearm or ammunition by a prohibited person under subsections (a)(1)–(8): class D felony
• If eligible for enhanced sentencing under § 1448(e): class C felony

Enhanced Mandatory Minimum Sentences

Per § 1448(e), Title 11, prohibited persons who possess firearms face mandatory minimum sentences that cannot be suspended and are not eligible for good time, parole, or probation:

• 3 years at Level V if previously convicted of a violent felony
• 5 years at Level V if within 10 years of a violent felony conviction or release from incarceration
• 10 years at Level V if convicted on 2 or more separate occasions of a violent felony

If a prohibited person (due to a violent felony conviction) negligently causes serious physical injury or death while possessing a firearm, it is a class B felony with mandatory minimums of 4, 6, or 10 years depending on criminal history, per § 1448(e)(2).

Juvenile Prohibited Persons

Per § 1448(f), a prohibited person aged 15 to 17 faces:

• First offense: Minimum 6 months Level V incarceration
• Second and subsequent offenses: Minimum 1 year Level V incarceration
• These sentences are not subject to suspension

Restoration of Rights

Per § 1448(d), a person prohibited solely due to a non-felony conviction is no longer prohibited after 5 years have elapsed from the date of conviction.

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Handgun Qualified Purchaser Permit

Per § 1448D, Title 11 (see 84 Del. Laws, c. 259, § 5 for application provisions):

A handgun qualified purchaser permit is required to purchase a handgun (defined as a pistol, revolver, or other firearm designed to be readily capable of being fired when held in one hand). The permit is issued by the State Bureau of Identification (SBI) within the Division of State Police.

Key Requirements

• Applicant must be age 21 or older, per § 1448D(f)(1)
• Applicant must not be a prohibited person under § 1448
• Applicant must not pose a danger of causing physical injury to self or others (if supported by probable cause), per § 1448D(f)(3)
• Application requires a sworn, written affirmation that the person is not prohibited from possessing a firearm

Exemption for Concealed Carry Permit Holders

Per § 1448D(c)(2), a person who holds a valid concealed carry license issued by the Superior Court under § 1441 is not required to obtain a handgun qualified purchaser permit before purchasing a handgun.

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Firearm Relinquishment Orders (Mental Health/Dangerousness)

Per § 1448C, Title 11 (81 Del. Laws, c. 232; 82 Del. Laws, c. 122; 84 Del. Laws, c. 525):

• The Justice of the Peace Court may order relinquishment of firearms if it finds, by a preponderance of the evidence, that an individual is dangerous to others or self
• The Superior Court may order relinquishment if it finds, by clear and convincing evidence, that an individual is dangerous to others or self

Court orders may:

• Require relinquishment to law enforcement
• Allow voluntary relinquishment to a designee (who must not reside with the individual and must not be a prohibited person)
• Prohibit the individual from residing with someone who possesses firearms
• Direct law enforcement to search for and seize firearms

Relief: An individual subject to a Superior Court relinquishment order may petition the Relief from Disabilities Board under § 1448A(l) for return of firearms. Appeals go to the Supreme Court.

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Reporting Lost or Stolen Firearms

Per the reporting statute referenced in the sources (codified under Title 11, 79 Del. Laws, c. 41; 84 Del. Laws, c. 525, § 20):

Loss or theft of a firearm or projectile weapon must be reported to:

• The law-enforcement agency having jurisdiction over the location of the loss or theft, or
• Any State Police troop

Penalties for Failure to Report

• First offense: Violation with civil penalty of $75 to $100
• Second offense: Violation with civil penalty of $100 to $250
• Third or subsequent offense: Class G felony

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Antique Firearm Exception

Per § 1448(a)(10), Title 11, an "antique firearm" is defined as:

• Any firearm not designed for rimfire or conventional centerfire ignition with fixed ammunition, manufactured in or before 1898
• Any firearm using fixed ammunition manufactured in or before 1898, for which ammunition is no longer manufactured in the U.S. and which is not readily restored to firing condition

The burden of proof that a firearm qualifies as an antique rests on the person claiming the exemption.

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Federal Preemption Considerations

• FOPA (Firearms Owners' Protection Act): Federal law (18 U.S.C. § 926A) provides safe passage protections for persons transporting firearms through states where they may not otherwise be legal, provided the firearms are unloaded and not readily accessible. However, Delaware's assault weapons ban and magazine restrictions may create complications — travelers should ensure strict compliance with FOPA requirements.
• LEOSA (Law Enforcement Officers Safety Act): Qualified law-enforcement officers and qualified retired law-enforcement officers receive specific exemptions throughout Delaware's weapons statutes, consistent with federal LEOSA protections.

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Key Statutes

Carrying Under the Influence in Delaware

Delaware law specifically prohibits the possession of firearms or projectile weapons while under the influence of alcohol or drugs. This is a standalone criminal offense codified in Delaware's Criminal Code, separate from and in addition to any other weapons charges.

The Core Prohibition

Under 11 Del. C. § 1460, a person is guilty of possession of a firearm or projectile weapon while under the influence when the person possesses a firearm or projectile weapon in a public place while under the influence of alcohol or drugs.

This applies to all persons — whether carrying with a concealed deadly weapons license (CCDW), carrying openly, or otherwise lawfully in possession of a firearm. Having a valid CCDW license does not exempt a person from this prohibition.

Key Definitions

The statute provides specific definitions that determine when a violation occurs, per § 1460(b):

"Under the Influence of Alcohol or Drugs" Means:

• Alcohol threshold: Having a blood alcohol concentration (BAC) of .08 or more grams of alcohol per 100 milliliters of blood, or .08 or more grams per 210 liters of breath. A person is guilty regardless of their BAC at the exact time of possession if their BAC is .08 or more within 4 hours after being found in possession, and that concentration resulted from alcohol present when the person was in possession of the firearm.

• Manifest intoxication: Being manifestly under the influence of alcohol, any illicit or recreational drug (as defined in 21 Del. C. § 4177(c)), or any other drug not administered or prescribed by a physician, to the degree that the person may be in danger or endanger other persons or property, or annoy persons in the vicinity.

• Important exception for post-possession drug use: A person is not considered "under the influence" if they did not use or consume the illicit or recreational drug before or during the alleged violation, but only consumed it after the alleged violation, and only that post-violation consumption caused the drug to be present in their blood within 4 hours of the alleged violation.

"Public Place" Means:

A place to which the public or a substantial group of persons has access, including but not limited to:

• Highways
• Transportation facilities
• Schools
• Places of amusement
• Parks and playgrounds
• Restaurants, bars, and taverns
• Hallways, lobbies, and other portions of apartment houses and hotels not constituting rooms or apartments designed for actual residence

"Possess" / "Possession" / "Possesses" Means:

The person has the item under their dominion and authority, and the item is physically available and accessible to the person at the relevant time.

"Not Readily Operable" Means:

The firearm or projectile weapon is disassembled, broken down, or stored in a manner to prevent its immediate use.

Affirmative Defenses

Per § 1460(a), it is an affirmative defense (meaning the defendant bears the burden of proving it) that:

1. The firearm or projectile weapon was not readily operable (i.e., disassembled, broken down, or stored to prevent immediate use), OR
2. The person was not in possession of ammunition for the firearm or projectile weapon.

Note: These are defenses to prosecution — they do not make the conduct legal, but they can result in acquittal if proven.

Chemical Testing

Per § 1460(c), a law-enforcement officer who has probable cause to believe a person has violated this section may, with or without the person's consent, take reasonable steps to conduct chemical testing to determine:

• The person's alcohol concentration, or
• The presence of illicit or recreational drugs

Refusal to submit to chemical testing is admissible as evidence in any trial arising from a violation of this section.

Penalties

Per § 1460(d):

Delaware's sentencing framework for these classifications (per 11 Del. C. § 4205) provides:

• Class A misdemeanor: Up to 1 year of imprisonment
• Class G felony: Up to 2 years of imprisonment

Jurisdiction

The Superior Court has original and exclusive jurisdiction over violations of § 1460, per the statute itself. This means these cases are handled in Superior Court rather than in the Court of Common Pleas or Justice of the Peace Court.

LEOSA and Under-the-Influence Restrictions

Delaware's state implementation of the federal Law Enforcement Officers Safety Act (LEOSA) — codified at 11 Del. C. § 1441A (active officers) and 11 Del. C. § 1441B (retired officers) — explicitly requires that qualified law enforcement officers and qualified retired law enforcement officers must not be under the influence of alcohol or another intoxicating or hallucinatory drug or substance to carry concealed under LEOSA. Specifically:

• Per § 1441A(c)(5): A qualified law-enforcement officer must not be "under the influence of alcohol or another intoxicating or hallucinatory drug or substance."
• Per § 1441B(c)(6): A qualified retired law-enforcement officer must not be "under the influence of alcohol or another intoxicating or hallucinatory drug or substance."

This means even active and retired law enforcement officers carrying under LEOSA lose their authority to carry concealed if they are under the influence.

Practical Considerations for Concealed Carry Permit Holders

• There is no "legal limit" below .08 that guarantees safety from prosecution. The "manifest intoxication" prong of the definition does not require a specific BAC — if you are visibly impaired to the degree that you may endanger others or annoy persons nearby, you can be charged regardless of your BAC number.
• The .08 BAC threshold mirrors Delaware's DUI standard and creates a per se violation — meaning at .08 or above, the prosecution does not need to prove you were visibly impaired.
• The 4-hour lookback window means that even if your BAC was below .08 at the exact moment of possession, a test showing .08 or above within 4 hours can support a conviction if the alcohol was present during possession.
• The law applies in "public places" broadly defined — this includes restaurants, bars, parks, sidewalks, and common areas of apartment buildings.
• Storing your firearm to make it not readily operable (e.g., disassembled or locked in a case preventing immediate use) or not having ammunition for it are affirmative defenses, but relying on these defenses means you are already facing criminal charges.

Key Statutes

Storage Requirements for Firearms in Delaware

Delaware imposes specific legal requirements for how firearms and projectile weapons must be stored, both in homes/buildings and in vehicles. These requirements apply to all firearm owners, including concealed carry permit holders.

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Unsafe Storage Outside a Vehicle (General Storage)

Under § 1456(a), Title 11, Delaware Code, a person commits the offense of unsafe storage of a firearm or projectile weapon when they intentionally or recklessly store or leave a loaded firearm or projectile weapon in a place other than a vehicle, within the reach or easy access of an unauthorized person, and the unauthorized person actually obtains the firearm or projectile weapon.

However, a violation only occurs when all four of the following conditions are met:

1. Not in a locked box or container — The firearm was not stored in a locked box or container. (For projectile weapons, this condition does not apply if the weapon was stored in a way that renders it "not readily operable.") Per § 1456(a)(1)a.

2. No trigger lock — The firearm was not disabled with a tamper-resistant trigger lock properly engaged to render it inoperable by anyone other than the owner or authorized user. (This condition does not apply to projectile weapons that cannot be fitted with a trigger lock.) Per § 1456(a)(1)b.

3. Not in a reasonably secure location — The firearm was not stored in a location that a reasonable person would have believed to be secure from access by an unauthorized person. Per § 1456(a)(1)c.

4. Not obtained through unlawful entry — The unauthorized person did not obtain the firearm as the result of an unlawful entry (i.e., a break-in) by any person. Per § 1456(a)(1)d.

In plain language: You can avoid liability under this section by doing any one of the following: storing the loaded firearm in a locked container, using a tamper-resistant trigger lock, storing it in a location a reasonable person would consider secure, or if the unauthorized person only gained access through an unlawful break-in.

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Key Definitions Under § 1456(a)(2)

• "Locked container" — A secure container that is fully enclosed and locked by a padlock, key lock, combination lock, or similar locking device that renders the firearm inaccessible to anyone other than the owner or authorized person. A glove compartment does not qualify as a locked container unless it can be manually locked to render the firearm inaccessible.

• "Not readily operable" — The projectile weapon is disassembled, broken down, or stored in a manner to prevent its immediate use.

• "Stores or leaves" — This term does not include situations where the firearm is carried by or under the control of the owner or other lawfully authorized user. In other words, if you are actively carrying or controlling your firearm, the storage law does not apply.

• "Unauthorized person" — Defined as a child or a person prohibited by state or federal law from owning or possessing a firearm or projectile weapon.

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Unsafe Storage in a Vehicle

Under § 1456(b), Title 11, Delaware Code, a person commits the offense of unsafe storage of a firearm in a vehicle when they knowingly leave a firearm unattended in a vehicle and the firearm is not stored in any of the following:

1. A locked box or container
2. A locked firearms rack that is on the motor vehicle
3. Locked in the trunk of the vehicle

Important for concealed carry permit holders: Per § 1456(g), having a valid concealed carry license issued under § 1441 is not a defense to the vehicle storage requirement. Even with a CCDW permit, you must secure your firearm in one of the three approved methods listed above when leaving it unattended in a vehicle.

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Penalties

General Storage Violations (Outside a Vehicle) — § 1456(c):

Vehicle Storage Violations — § 1456(d):

Jurisdiction: The Superior Court has jurisdiction over all offenses under § 1456, per § 1456(e).

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Antique Firearm Exception

Per § 1456(f), the unsafe storage law does not apply to firearms manufactured in or before the year 1899, or replicas of such firearms, provided the replica is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition.

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Secure Storage for Assault Weapons During Transport

Delaware's assault weapons law, § 1466, Title 11, includes a separate "secure storage" requirement that applies when transporting grandfathered assault weapons (those lawfully possessed before June 30, 2022).

Per § 1465(12), "secure storage" for purposes of the assault weapons provisions means:

A firearm that is stored in a locked container or equipped with a tamper-resistant mechanical lock or other safety device that is properly engaged so as to render the firearm inoperable by a person other than the owner or other lawfully-authorized user.

Under § 1466(c)(3)d., a person transporting a grandfathered assault weapon between permitted locations (residence, shooting range, exhibitions, or a licensed dealer for repair) must place the assault weapon in secure storage during transport.

Similarly, under § 1466(c)(4), transport of an assault weapon to or from approved testing facilities requires the weapon to be in secure storage.

Violation of the assault weapons provisions is a class D felony, per § 1466(d).

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Practical Summary for Concealed Carry Permit Holders

• At home or other non-vehicle locations: Store loaded firearms so they are not accessible to children or prohibited persons. Use a locked container, trigger lock, or a location a reasonable person would consider secure.
• In your vehicle: When leaving a firearm unattended, it must be in a locked box/container, a locked firearms rack, or locked in the trunk — even if you hold a valid CCDW permit.
• Transporting grandfathered assault weapons: Must be in "secure storage" (locked container or tamper-resistant lock rendering it inoperable).

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Key Statutes

Delaware Transportation Laws for Firearms

General Transportation of Firearms

Delaware law addresses several aspects of transporting firearms within and into the state. The key statutes are found primarily in Title 11 (Criminal Code), Chapter 5, Subchapter VII (Offenses Involving Deadly Weapons and Dangerous Instruments), with additional provisions in Title 7 (Fish & Wildlife), Title 28 (Weapons), and Delaware's implementation of the federal Law Enforcement Officers Safety Act.

Key Definitions — 11 Del. C. § 222

Several statutory definitions in § 222 are critical for understanding Delaware's transportation laws:

• "Vehicle" (§ 222(41)) — includes any means in or by which someone travels or something is carried or conveyed or a means of conveyance or transport, whether or not propelled by its own power.
• "Major component of a firearm" (§ 222(20)) — the slide, barrel, cylinder, trigger group, or receiver of a firearm.
• "Unfinished firearm frame or receiver" (§ 222(38)) — a firearm frame or receiver that requires further machining or molding in order to be used as part of a functional firearm, and which is designed and intended to be used in the assembly of a functional firearm.
• "Undetectable firearm" (§ 222(37)) — a firearm constructed entirely of nonmetal substances, or one that after removal of all major components is not detectable by walk-through metal detectors calibrated to detect the security exemplar, or which includes a major component that would not generate an accurate image under detection devices commonly used at airports. Does not include firearms subject to 18 U.S.C. § 922(p)(3)–(6).
• "Untraceable firearm" (§ 222(40)) — a firearm for which the sale or distribution chain from a licensed retailer to the point of its first retail sale cannot be traced by law enforcement. Excludes firearms manufactured prior to 1968, muzzle-loading firearms designed for black powder, and replicas of antique firearms originally manufactured prior to 1898.
• "Projectile weapon" (§ 222(28)) — includes bows, crossbows, airbows, weapons designed to discharge arrows/bolts/spears, and airguns discharging projectiles larger than .177 caliber.

Concealed Carry While Transporting — 11 Del. C. §§ 1441 & 1442

Delaware requires a Concealed Carry of a Deadly Weapon (CCDW) permit issued by the Superior Court under 11 Del. C. § 1441 for carrying a concealed deadly weapon. Under 11 Del. C. § 1442, a person who carries a concealed deadly weapon "upon or about" their person without a valid permit commits a felony.

When transporting a firearm in a vehicle, whether it qualifies as "concealed" and "about the person" is a fact-specific inquiry. Delaware courts apply the Dubin factors, which are predicated on the driver being inside the vehicle with the deadly weapon. Key legal considerations include:

• A firearm concealed on or about the person inside a moving or occupied vehicle generally requires a CCDW permit.
• Delaware's statute uses "upon or about" the person — a narrower standard than federal law (18 U.S.C. § 924(c)(1)), which broadly covers carrying a firearm in a vehicle trunk even if not immediately accessible.
• Case law note — Trotter v. State: In appellate briefing before the Delaware Supreme Court, defense counsel argued that storing a partially-visible firearm within a locked, stationary vehicle while the person is outside of the vehicle is "entirely outside of the statute." The brief argued that the Dubin factors are predicated on a driver inside the vehicle with the deadly weapon, and that Delaware's narrower "upon or about" language compels a more limited construction than the U.S. Supreme Court's broad reading in Muscarello v. United States. Key arguments included:
  • Under federal law (§ 924(c)(1)), which requires only "carries" without the "upon or about" modifier, courts still require proof that the vehicle was moved from one location to another — "simply storing a firearm inside a stationary vehicle, is no different than storage within a house, and insufficient as a matter of law."
  • Delaware's original concealed-carry statute dates to 1881 and remains substantially the same. The legislature's choice not to adopt the broader language of the 1926 Uniform Firearms Act (which covered firearms "concealed in any vehicle or on or about his person") was a purposeful decision to narrow the scope of the offense.
  • The underlying legislative policy — "to remove the 'temptation and tendency' to use concealed deadly weapons under conditions of 'excitement'" — is consistent with leaving a firearm in a locked vehicle rather than carrying it on one's person.
• Enforcement example: In October 2025, Delaware State Police arrested 20-year-old Melleca Butler of Georgetown, Delaware, following a road rage incident. Troopers located an unloaded handgun concealed between the driver's seat and center console. A computer inquiry revealed she did not have a CCDW permit. She was charged with Carrying a Concealed Deadly Weapon (Felony), Possession of a Firearm During the Commission of a Felony, and Aggravated Menacing, and was committed to Baylor Women's Correctional Institution on $23,500 cash bond.

Practice note: This remains an evolving area of Delaware law. Whether a firearm in a vehicle is "concealed" and "about the person" depends on the specific facts. Permit holders should be aware that the safest course is to maintain a valid CCDW permit when transporting a firearm that could be accessible in a vehicle.

Minimum Age for Possession and Transport — 11 Del. C. § 1445

Section 1445 establishes the minimum age for possessing and transporting a handgun. A person meeting the age requirement may transport a handgun unloaded and secured in a vehicle without a carry permit, subject to all other applicable restrictions. Note that some jurisdictions impose additional restrictions limiting transport only to/from shooting ranges, gun shops, or property the person owns.

Law Enforcement Officers Safety Act — 11 Del. C. §§ 1441A & 1441B

Delaware has enacted state-level implementation of the federal Law Enforcement Officers Safety Act of 2004 (LEOSA), codified at 18 U.S.C. §§ 926B and 926C, with state provisions at §§ 1441A and 1441B.

Qualified Active Law-Enforcement Officers — § 1441A

Notwithstanding any other state or local law, a qualified law-enforcement officer carrying the required identification may carry a concealed firearm that has been shipped or transported in interstate or foreign commerce. A "qualified law-enforcement officer" must:

1. Be an employee of a governmental agency authorized to engage in law enforcement with statutory arrest powers.
2. Be authorized by the agency to carry a firearm.
3. Not be the subject of disciplinary action that could result in suspension or loss of police powers.
4. Meet agency standards for regular firearms qualification.
5. Not be under the influence of alcohol or drugs.
6. Not be prohibited by federal law from receiving a firearm.

Required identification: Photographic ID issued by the employing governmental agency identifying the person as a police or law-enforcement officer.

Firearm definition under LEOSA: Uses the 18 U.S.C. § 921 definition, includes non-prohibited ammunition, but excludes machineguns (26 U.S.C. § 5845), firearm silencers, and destructive devices.

Specific coverage: Amtrak Police, Federal Reserve law-enforcement officers, and executive branch federal law-enforcement officers are expressly qualified.

Qualified Retired Law-Enforcement Officers — § 1441B

Retired officers may also carry concealed firearms under the same general framework, with additional requirements:

1. Separated from service in good standing.
2. Served as LEO for an aggregate of 10 years or more, OR separated due to a service-connected disability after completing probation.
3. Within the most recent 12-month period, met firearms qualification standards at the individual's own expense, as determined by the former agency, the state of residence, or a certified firearms instructor.
4. Not been officially found unqualified for mental health reasons, and has not entered into an agreement acknowledging disqualification for mental health reasons.
5. Not under the influence of alcohol or drugs.
6. Not prohibited by federal law from receiving a firearm.

Required identification (two options):

• (Option 1) Photographic agency ID indicating the person was employed as a LEO and has been tested within the past year to meet active duty firearms qualification standards for the type of concealed firearm carried; OR
• (Option 2) Photographic agency ID identifying the person as a former LEO, plus a separate firearms qualification certification.

LEOSA Limitations in Delaware

Both §§ 1441A and 1441B preserve the following state and local restrictions:

• Private property: Private persons or entities may prohibit or restrict concealed firearms on their property.
• Government property: State or local government property, installations, buildings, bases, or parks may prohibit or restrict firearms possession.

Interstate Purchase and Transport of Rifles and Shotguns — 28 Del. C. §§ 801–803

Title 28, Chapter 8 addresses the interstate purchase and transportation of long guns from states contiguous to Delaware (Maryland, Pennsylvania, New Jersey):

• § 802: It is lawful for a person residing in Delaware (including a corporation or business maintaining a Delaware place of business) to purchase or otherwise obtain a rifle or shotgun in a contiguous state and to receive or transport that rifle or shotgun into Delaware, subject to:
  • All other applicable state and local laws; and
  • Section 102 of the Gun Control Act of 1968 (18 U.S.C. § 922).
• § 803: This chapter does not apply to federally licensed firearms manufacturers, importers, dealers, or collectors.

Note: "Contiguous state" means any state having a common border with Delaware — specifically Maryland, Pennsylvania, and New Jersey (§ 801(a)).

Possession of Firearm While Under the Influence — 11 Del. C. § 1460

It is illegal to possess a firearm or projectile weapon in a public place while under the influence of alcohol or drugs. The Superior Court has original and exclusive jurisdiction over violations of this section.

Definitions Specific to § 1460

• "Public place" means a place to which the public or a substantial group of persons has access, and includes highways, transportation facilities, schools, places of amusement, parks, playgrounds, restaurants, bars, taverns, and common areas of apartment buildings and hotels not constituting rooms designed for actual residence.
• "Possess" / "possession" means the person has the item under their dominion and authority, and the item is at the relevant time physically available and accessible to the person.
• "Not readily operable" means the firearm or projectile weapon is disassembled, broken down, or stored in a manner to prevent its immediate use.
• "Under the influence" is defined as either:
  • (a) BAC of .08 or more grams per 100mL blood (or equivalent breath test of .08+ grams per 210 liters of breath), including a 4-hour lookback provision: a person is guilty if their BAC is .08+ within 4 hours after being found in possession, and that concentration resulted from alcohol present when they possessed the firearm; or
  • (b) Being manifestly under the influence of alcohol or any illicit or recreational drug (as defined in § 4177(c) of Title 21), or any non-prescribed drug, to the degree the person may be in danger, endanger others or property, or annoy persons in the vicinity. A person is not "under the influence" if they only consumed the substance after the alleged violation and that post-violation consumption was the sole cause of the elevated concentration.

Affirmative Defenses

It is an affirmative defense that:

• The firearm or projectile weapon was not readily operable (disassembled, broken down, or stored to prevent immediate use); or
• The person was not in possession of ammunition for the weapon.

Chemical Testing

Law enforcement may conduct chemical testing with or without consent if probable cause exists to believe a violation occurred. A person's refusal to submit to chemical testing is admissible at trial.

Penalties

Legislative history: 78 Del. Laws, c. 136; amended by 79 Del. Laws, c. 396 and 84 Del. Laws, c. 525.

Report of Loss or Theft — 11 Del. C. § 1461

Any owner of a firearm or projectile weapon must report the loss or theft within 7 days after discovery of the loss or theft. This applies to firearms being transported that are lost or stolen in transit.

Firearms with Removed/Altered Serial Numbers — 11 Del. C. § 1459

No person shall knowingly transport, ship, possess, or receive any firearm or firearm frame or receiver with knowledge that the importer's or manufacturer's serial number has been removed, obliterated, or altered in a manner that has disguised or concealed the identity or origin of the firearm.

• Exception: Does not apply to firearms manufactured prior to 1973.
• Penalty: Class D felony.
• Legislative history: Originally enacted by 71 Del. Laws, c. 251; amended by 83 Del. Laws, c. 246 to add "firearm frame or receiver."

Unfinished Firearm Frames/Receivers — 11 Del. C. § 1459A

No person shall knowingly transport, ship, transfer, or sell an unfinished firearm frame or receiver unless all of the following apply:

1. The person is a federally-licensed gun dealer or manufacturer.
2. The manufacturer's name and an individual serial number are conspicuously placed on the item per 18 U.S.C. § 923(i).
3. Proper records are maintained per 18 U.S.C. § 923(g).

Additionally, no person shall knowingly possess an unfinished firearm frame or receiver that lacks a manufacturer's name and serial number conspicuously placed on it or on a major component of the firearm into which it will be housed (§ 1459A(b)).

• Exception: Subsection (b) does not apply to a federally-licensed gun manufacturer during the manufacturing process.
• Penalty: Class D felony.
• Enacted by: 83 Del. Laws, c. 246, § 2.

Discharging a Firearm Towards a Vehicle — 11 Del. C. § 1460A

It is unlawful to knowingly or intentionally discharge a firearm towards any of the following:

1. A dwelling (as defined in § 829)
2. A place of worship
3. A vehicle
4. A place of business (excluding shooting ranges — defined as a permanent physical structure with signage within which a commercial or legal enterprise is operated)
5. A school
6. An institution of higher education

• Penalty: Class E felony.
• Double jeopardy protection: A person may not be convicted of both a violation of this section and reckless endangering (first or second degree) for the same conduct.
• Enacted by: 85 Del. Laws, c. 154, § 1.

Discharge Near Public Roads — 7 Del. C. § 719

No person, except in lawful self-defense, shall discharge any firearm or projectile weapon while on or within 15 yards of a public road or right-of-way, unless it is a road or right-of-way within an area controlled by DNREC, the Department of Agriculture, or the U.S. Department of the Interior that is designated as open to hunting or trapping.

Additionally, no person shall:

• Shoot at any wild bird or wild animal while it is on a public road.
• Shoot across a public road or right-of-way at any wild bird or wild animal.

Penalty: Class C environmental violation.

Legislative history: 61 Del. Laws, c. 372; most recently amended by 85 Del. Laws, c. 151.

Hunting Safety Zones — 7 Del. C. § 723

No person (except the owner or occupant, or a person with their permission) shall discharge a firearm or airgun within 100 yards of an occupied dwelling, house, residence, or connected barn, stable, or building while hunting or trapping. This area constitutes a "safety zone."

• Exception for deer hunting: The safety zone for hunting deer by projectile weapon (excluding airguns) is 50 yards.
• No person (except owner/occupant or with permission) shall discharge a firearm or projectile weapon so that a shot, slug, bullet, arrow, bolt, spear, or other projectile lands upon any occupied dwelling or connected structure.

Penalty: Class C environmental violation.

Legislative history: 64 Del. Laws, c. 369; most recently amended by 85 Del. Laws, c. 151.

Hunting from Vehicles and Use of Lights — 7 Del. C. § 722

Possession in a motor vehicle or conveyance of any firearms, projectile weapons, or other implements with which wild birds or wild animals may be killed, exposed within immediate reach (loaded or unloaded), while using any artificial lights or light-amplifying devices, is prima facie evidence of the use of such implements for hunting.

• Disabled persons exception (§ 720): The Director of the Division of Fish and Wildlife (DNREC) may issue conditional permits for physically disabled persons to shoot from a stationary vehicle during established hunting seasons.

Penalty: Class B environmental misdemeanor.

Assault Weapons Transportation — 11 Del. C. §§ 1465–1467

General Prohibition — § 1466(a)

It is unlawful to:

1. Transport an assault weapon into Delaware.
2. Manufacture, sell, offer to sell, transfer, purchase, receive, or possess an assault weapon.

Penalty: Class D felony (§ 1466(d)).

Note: The section heading of § 1466 references "class E or F felony," but the operative penalty provision in subsection (d) specifies a class D felony.

Assault Weapon Definition — § 1465(6)

An "assault weapon" includes:

• A semiautomatic, centerfire rifle with the ability to accept a detachable magazine and at least one specified feature (folding/telescoping stock, pistol grip, thumbhole stock, grenade/flare launcher, flash suppressor, forward pistol grip).
• A semiautomatic, centerfire rifle with an overall length of less than 30 inches.
• A semiautomatic pistol that accepts a detachable magazine with certain features (magazine outside pistol grip, threaded barrel capable of accepting a flash suppressor/forward grip/silencer, barrel shroud, second hand grip). Exception: rimfire pistols used solely for competitive shooting events operated by state/nationally recognized organizations.
• A semiautomatic shotgun with a folding/telescoping stock and certain grip configurations (pistol grip, thumbhole stock, or other grip allowing additional fingers below the action).
• A semiautomatic shotgun accepting a detachable magazine.
• A revolving-cylinder shotgun.
• A semiautomatic pistol or centerfire rifle with a fixed magazine accepting more than 17 rounds.

Related Definitions — § 1465

• "Detachable magazine" (§ 1465(7)) — an ammunition feeding device that can be removed readily from a firearm without requiring disassembly of the action or use of a tool, including a bullet or cartridge.
• "Secure storage" (§ 1465(12)) — a firearm stored in a locked container or equipped with a tamper-resistant mechanical lock or other safety device properly engaged to render it inoperable by anyone other than the owner or authorized user.
• "Shooting range" (§ 1465(13)) — any land or structure used and operated in accordance with applicable laws for shooting targets for training, education, practice, recreation, or competition.
• "Flash suppressor" (§ 1465(9)) — a device that functions, or is intended to function, to perceptibly reduce or redirect muzzle flash from the shooter's field of vision.
• "Family" (§ 1465(8)) — as defined in § 901 of Title 10.

Exemptions from the Assault Weapon Ban — § 1466(b)

The prohibition does not apply to:

1. U.S. government personnel, armed forces, and National Guard acting within official scope.
2. Law-enforcement officers acting within official scope.
3. Assault weapons rendered permanently inoperative.
4. Licensed firearms dealers/manufacturers servicing law enforcement, selling to out-of-state dealers/purchasers, or handling warranty/repair returns.
5. Organizations required or authorized by federal law to maintain assault weapons.
6. Receipt by inheritance (if decedent lawfully possessed it and inheritor is not a prohibited person under § 1448).
7. Receipt by a personal representative of an estate for probate purposes.
8. Qualified retired law-enforcement officers (weapon was agency-issued or purchased for official use before retirement).
9. Armored car guards (as defined in § 1302 of Title 24) acting within scope of employment with a licensed armored car agency.
10. Ballistics testing laboratories (ISO 17025/NIJ-approved) and protective equipment R&D facilities.

Grandfathered Assault Weapons — § 1466(c)(3)

A person who lawfully possessed or completed a purchase of an assault weapon prior to June 30, 2022, may possess and transport the weapon only under these circumstances:

• At the person's residence, place of business, or other property they own, or on another's property with express permission.
• While on the premises of a shooting range.
• While attending any exhibition, display, or educational project about firearms sponsored by, conducted under the auspices of, or approved by a law-enforcement agency or a nationally or state-recognized entity that fosters firearms proficiency or education.
• While transporting the assault weapon between any of the above locations, or to a licensed firearms dealer for servicing or repair, if the person places the assault weapon in secure storage.

Transport to Testing Facilities — § 1466(c)(4)

A person may transport an assault weapon to or from the following if placed in secure storage:

• An ISO 17025 accredited, NIJ-approved ballistics testing laboratory.
• A facility providing R&D testing, analysis, or engineering for personal protective equipment or vehicle protection systems.

Family Transfers — § 1466(c)(5)

Ownership of a grandfathered assault weapon may be transferred to a member of the person's family (as defined in § 901 of Title 10), and the family member may possess and transport it under the same § 1466(c)(3) restrictions, provided:

• The transferor lawfully possessed the weapon; and
• The family member is otherwise lawfully permitted to possess it.

Licensed Dealer Exceptions — § 1466(c)(1)–(2)

A licensed firearms dealer who lawfully possessed an assault weapon on or before June 30, 2022, may continue to possess, sell (only to out-of-state dealers or purchasers through a dealer), and transfer it (only to out-of-state parties or for warranty/repair). Dealers may also take possession of grandfathered assault weapons for servicing or repair and transfer them to accomplish that purpose.

Disposal — § 1466(e)

A law-enforcement agency in possession of a person's assault weapon as a result of an arrest shall dispose of it under the process established for deadly weapons and ammunition under § 2311 following conviction, adjudication of delinquency, or the person's agreement to forfeit.

Voluntary Certificate of Possession — § 1467

A person exempt under § 1466(c)(3) could apply no later than June 30, 2023 to the Secretary of the Department of Safety and Homeland Security for a certificate of possession.

• Evidentiary effect: A certificate of possession is conclusive evidence that the person lawfully possessed the assault weapon before June 30, 2022, and is entitled to continue possession and transport under § 1466(c)(3). Without a certificate, it is an affirmative defense that the person lawfully possessed the weapon before the cutoff.
• Certificate contents: Description of the assault weapon (make, model, serial number — or identifying marks for weapons manufactured before 1968), plus the owner's full name, address, date of birth, and thumbprint.
• Privacy protection: The Department will not retain copies of the certificate or other identifying information.
• Inherited/transferred weapons: A person who inherits or receives a grandfathered weapon from a family member may apply for a certificate within 60 days of taking possession.

Legislative history: 83 Del. Laws, c. 328; amended by 84 Del. Laws, c. 42.

Large-Capacity Magazines — 11 Del. C. §§ 1468–1469

While not exclusively a transportation provision, the large-capacity magazine ban has significant implications for transporting magazines into or within Delaware.

Definition — § 1468

• "Large-capacity magazine" means any ammunition feeding device capable of accepting, or that can readily be converted to hold, more than 17 rounds of ammunition.
• Excludes attached tubular devices designed for and only capable of operating with .22 caliber rimfire ammunition.
• A removable floor plate alone is not sufficient evidence that a magazine can be readily converted to hold more than 17 rounds.

Prohibition — § 1469(a)

It is unlawful to manufacture, sell, offer for sale, purchase, receive, transfer, or possess a large-capacity magazine.

Penalties — § 1469(b)

Large-capacity magazines are subject to forfeiture. Superior Court has exclusive jurisdiction over misdemeanor and felony violations.

Exemptions — § 1469(c)

The ban does not apply to:

1. U.S. government personnel acting within official scope.
2. Armed forces/National Guard acting within official scope.
3. Law-enforcement officers.
4. Qualified retired law-enforcement officers.
5. Individuals holding a valid CCDW permit issued by the Superior Court under § 1441.
6. Licensed firearms dealers selling to other dealers or exempt individuals.
7. Magazines rendered permanently inoperable or permanently modified to accept 17 rounds or less.

Practical note for CCDW holders: Delaware CCDW permit holders are exempt from the large-capacity magazine ban, which means they may lawfully transport magazines holding more than 17 rounds.

Legislative history: 83 Del. Laws, c. 331.

Bombs and Explosive Devices in Transport — 11 Del. C. § 1338

While not a firearm provision, § 1338 is relevant because it criminalizes the transport of bombs, incendiary devices, Molotov cocktails, or explosive devices with intent to cause bodily harm or property damage.

• Penalty: Class D felony.
• Persons over 16 may be prosecuted as adults (§§ 1010, 1011 of Title 10).
• Possession of such a device is prima facie evidence of intent.

Federal Protections for Interstate Transport

Delaware residents and travelers should also be aware of the federal Firearms Owners' Protection Act (18 U.S.C. § 926A), which protects the interstate transport of firearms through states where possession might otherwise be unlawful, provided the firearm is unloaded and not readily accessible, and the person is traveling between locations where they may lawfully possess the weapon. However, this federal safe-passage provision does not override Delaware's assault weapon ban or large-capacity magazine restrictions for persons who stop or stay in Delaware beyond what is necessary for the journey.

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Sources: Title 11, Del. C. §§ 222, 1441, 1441A, 1441B, 1442, 1445, 1459, 1459A, 1460, 1460A, 1461, 1465–1469; Title 7, Del. C. §§ 719, 720, 722, 723; Title 28, Del. C. §§ 801–803; Trotter v. State, Delaware Supreme Court appellate briefing; Delaware State Police press release (Oct. 11, 2025); HandgunLaw.us. Statutes current as of April 2026.

State Preemption of Firearm Laws in Delaware

Overview

Delaware does not have a comprehensive state preemption law for firearms. Unlike many other states, Delaware has not enacted a broad statute that prevents counties and municipalities from enacting their own firearm regulations that are more restrictive than state law. This means that local governments in Delaware may have the authority to pass their own ordinances related to firearms, and concealed carry permit holders should be aware that local rules may vary from one jurisdiction to another within the state.

The available source material from Delaware's Title 11 Criminal Code does not contain a general firearms preemption statute (i.e., a statute explicitly reserving all firearm regulation exclusively to the state and prohibiting local governments from enacting firearm-related ordinances). A thorough review of the Delaware Criminal Code sections provided — including the full range of statutes in the "Offenses Involving Deadly Weapons and Dangerous Instruments" subchapter (§§ 1401–1474, Title 11) — does not reveal a broad firearms preemption provision.

What the Sources Do Show: Limited, Subject-Specific Preemption

Delaware does have narrow, subject-specific preemption provisions in other areas of law, which illustrate that when the General Assembly intends to preempt local authority, it does so explicitly:

• Unmanned Aircraft Systems (Drones): Per 11 Del. C. § 1334(e), "Only the State may enact a law or take any other action to prohibit, restrict, or regulate the testing or operation of an unmanned aircraft systems in the State. This section preempts the authority of a county or municipality to prohibit, restrict, or regulate the testing or operating of unmanned aircraft systems and supersedes any existing law or ordinance of a county or municipality that prohibits, restricts, or regulates the testing or operating of unmanned aircraft systems."

• Tobacco Products: Per 11 Del. C. § 1127, the state's tobacco sales provisions "preempt and supersede any provisions of any municipal or county ordinance or regulation on the subject of this subpart enacted after June 30, 1996."

The existence of these explicit, narrow preemption clauses — and the absence of a similar clause in the firearms subchapter — is notable. It suggests that the Delaware General Assembly has not chosen to broadly preempt local firearm regulation in the same manner.

Practical Impact for Concealed Carry Permit Holders

Because Delaware lacks a broad firearms preemption law:

• Local ordinances may impose additional restrictions on the carrying, possession, or discharge of firearms beyond what state law requires.
• Concealed carry permit holders should check the specific ordinances of any city or county they plan to visit or travel through in Delaware.
• Some Delaware municipalities may have enacted their own firearms-related ordinances.

State-Level Restricted Zones (Set by State Law)

While not a preemption issue per se, Delaware state law does establish several statewide prohibited locations for firearms that apply uniformly:

• Safe School Zones: Possession of a firearm in a Safe School Zone is a class E felony, per 11 Del. C. § 1457A. Concealed carry license holders are exempt only if the firearm is in a motor vehicle.
• Safe Recreation Zones: Enhanced penalties apply for possession of a weapon in a Safe Recreation Zone (any building or structure used as a recreation center, athletic field, or sports stadium owned/operated by a government entity or private organization), per the relevant provisions of Title 11.
• Polling Places: Possession of a firearm at a polling place on election day (including 2 hours before polls open until 2 hours after polls close) is a class A misdemeanor, per 11 Del. C. § 1457B.

Federal Preemption: LEOSA Implementation

Delaware has enacted state-level implementation of the federal Law Enforcement Officers Safety Act (LEOSA) of 2004:

• 11 Del. C. § 1441A implements 18 U.S.C. § 926B, allowing qualified active law-enforcement officers carrying proper photographic agency identification to carry a concealed firearm, notwithstanding state or local law.
• 11 Del. C. § 1441B implements 18 U.S.C. § 926C, extending the same privilege to qualified retired law-enforcement officers who meet specific criteria (including 10+ years of aggregate service or service-connected disability separation, annual firearms qualification, no disqualifying mental health findings, and not prohibited by federal law from receiving a firearm).
• Important limitation: Even under LEOSA, Delaware law is not superseded with respect to: (1) private persons or entities prohibiting concealed firearms on their property, and (2) state or local government property, installations, buildings, bases, or parks where firearms are prohibited or restricted, per §§ 1441A(b) and 1441B(b).

Key Statutes

Note: The available sources do not contain a general firearms preemption statute for Delaware. Concealed carry permit holders should be aware that the absence of such a statute means local jurisdictions may impose their own firearms restrictions beyond state law.

Red Flag Laws (Lethal Violence Protective Orders) in Delaware

Delaware enacted its red flag law on June 27, 2018, when Governor John Carney signed House Substitute 1 for HB 222 into law. The legislation, sponsored by Representative David Bentz, passed the General Assembly with bipartisan support and without a single vote against it. Delaware's red flag law is codified at Title 10, Chapter 77 of the Delaware Code (§§ 7701–7709) and is officially titled the "Lethal Violence Protective Order" (LVPO) statute.

The LVPO law was part of a broader package of gun safety measures signed during the same legislative session, which also included the Beau Biden Gun Violence Prevention Act, legislation toughening penalties for straw purchases, and a bump stock ban.

Statutory Framework

The law was originally enacted as 81 Del. Laws, c. 274, § 1 and has been amended by:

• 84 Del. Laws, c. 525 — Updated emergency hearing procedures, definitions, and storage/immunity provisions (amended §§ 7701, 7703, 7707)
• 84 Del. Laws, c. 514 — Updated sanctions provisions (amended § 7708)
• 85 Del. Laws, c. 147 — Updated commencement procedures (amended § 7702)

What the Law Covers

A lethal violence protective order prohibits and enjoins a person from controlling, owning, purchasing, possessing, having access to, or receiving a firearm or projectile weapon (10 Del. C. § 7701(3)). Key definitions are cross-referenced from Title 11:

• "Firearm" — as defined in 11 Del. C. § 222
• "Projectile weapon" — as defined in 11 Del. C. § 222
• "Physical injury" — as defined in 11 Del. C. § 222
• "Law-enforcement officer" — as defined in 11 Del. C. § 222
• "Respondent" — the individual alleged to pose a danger of causing physical injury to self or others by controlling, owning, purchasing, possessing, having access to, or receiving a firearm or projectile weapon (§ 7701(7))

The law covers both firearms and projectile weapons, giving it a broader scope than red flag statutes in some other states that address only firearms.

Who May Petition for an Order

Under § 7701(4), eligible petitioners include:

• Family members of the respondent, as defined in 10 Del. C. § 901, or members of the class defined in 10 Del. C. § 1041(2)b. — This cross-reference to the Protection from Abuse statute encompasses a broad range of family and household relationships, including spouses, former spouses, persons cohabitating, persons with a child in common, persons in dating relationships, and relatives by blood, adoption, or marriage residing in the same household.
• Law-enforcement officers who file a petition alleging that the respondent poses a danger of causing physical injury to self or others by controlling, owning, purchasing, possessing, having access to, or receiving a firearm or projectile weapon.

The petition must be filed in the county where the respondent resides (§ 7702(c)).

Note: Unlike some states' ERPO laws, Delaware does not extend petitioner eligibility to employers, coworkers, health care providers, or school officials. The U.S. Department of Justice's June 2021 Commentary for Extreme Risk Protection Order Model Legislation identifies these as categories other states have adopted:

• Employers/coworkers: California (Cal. Penal Code §§ 18150, 18170), Hawaii (Haw. Rev. Stat. § 134-61)
• Health care providers: District of Columbia (D.C. Code § 7-2510.01(2)(C)), Maryland (Md. Code Ann., Pub. Safety § 5-601(e)(2)(i))
• School officials: Hawaii (Haw. Rev. Stat. § 134-61), New York (N.Y. C.P.R.L. 6340(2))
• Dating/intimate partners: Colorado (Colo. Rev. Stat. § 13-14.5-102(2)(g)), Maryland (Md. Code Ann., Pub. Safety § 5-601(e)(vii))

The DOJ model legislation proposes an even broader list of eligible petitioners, including attorneys for the state, household members, and dating or intimate partners.

Filing Procedures (§ 7702)

• A law-enforcement officer may request an emergency order under § 7703 by filing an affidavit or verified petition (§ 7702(a))
• Any eligible petitioner (family member or law enforcement) may request a nonemergency order under § 7704 by filing an affidavit or verified petition (§ 7702(b))
• Forms and instructions for initiating proceedings must be available from the Justice of the Peace Court's office and the Superior Court Prothonotary's office (§ 7702(d))
• All forms must contain simple, understandable language (§ 7702(e))
• There is no filing fee specified in the statute

Two Types of Orders

1. Emergency Lethal Violence Protective Order (§ 7703)

The petition must satisfy two requirements (§ 7703(a)):

1. Allege that the respondent poses an immediate and present danger of causing physical injury to self or others by controlling, purchasing, owning, possessing, having access to, or receiving a firearm or projectile weapon
2. Identify the location of firearms or projectile weapons it is believed that the respondent currently owns, possesses, has access to, or controls

If granted, the court shall order the respondent to relinquish all firearms, projectile weapons, and ammunition to a law-enforcement agency. The court may also (§ 7703(d)):

1. Prohibit cohabitation with gun owners — Prohibit the respondent from residing with another individual who owns, possesses, or controls a firearm, projectile weapon, or ammunition. The statute contains an express proviso: "Nothing in this section may be construed to impair the rights, under the Second Amendment to the United States Constitution or Article I, § 20 of the Delaware Constitution, of an individual who is not subject to the Court's order."

2. Authorize search and seizure — Direct a law-enforcement agency having jurisdiction where the respondent resides or where a firearm is located to immediately search for and seize firearms, projectile weapons, or ammunition owned, possessed, or controlled by the respondent.

Service of the emergency order (§ 7703(e)): The Justice of the Peace Court shall direct that the order be served immediately upon the respondent by personal service, any form of mail, or in any manner directed by the Court, including publication if other methods of service have failed or been deemed inadequate. The court must give a certified copy of the order to the law-enforcement officer after the hearing and before the petitioner leaves the courthouse.

Extension and transition (§ 7703(f)): If an emergency LVPO is issued, the Superior Court must hold a full hearing in compliance with § 7704 within 15 days. Either the Justice of the Peace Court or the Superior Court may extend an emergency order as needed to effectuate service of the order or where necessary to ensure the protection of the respondent or others, but the total duration cannot exceed 45 days.

Note: The DOJ model legislation specifically cites Delaware's "immediate and present danger" standard (Del. Code Ann. tit. 10, § 7703(d)) as one formulation states have adopted, alongside Florida's "significant danger" and Hawaii's "imminent danger" standards.

2. Nonemergency Lethal Violence Protective Order (§ 7704)

As with emergency petitions, the nonemergency petition must (§ 7704(a)):

1. Allege that the respondent poses a danger of causing physical injury to self or others
2. Identify the location of firearms or projectile weapons believed to be in the respondent's possession or control

Due process protections (§ 7704(b)):

• The respondent has the right to be heard (§ 7704(b)(1))
• If a hearing is requested, it must be held within 15 days of filing, unless extended by the Court for good cause shown (§ 7704(b)(2))
• The respondent has the right to notice of the hearing, to present evidence, and to cross-examine adverse witnesses (§ 7704(b)(3))
• The petitioner bears the burden of proof by clear and convincing evidence (§ 7704(b)(4))

Both the Superior Court (§ 7704(c)) and the Justice of the Peace Court (§ 7703(c)) may adopt additional rules governing their respective proceedings.

Comparison of the two order types:

Termination and Renewal (§ 7705)

The statute provides procedures for both terminating and renewing LVPOs:

• A respondent may file a written request to terminate an active LVPO
• A petitioner may file a written request to renew an LVPO before it expires
• Perjury penalties apply to false statements made in written requests to terminate or renew an order (§ 7708(b))

Note: The statute does not specify how many times a respondent may request termination or how many renewals a petitioner may seek. By comparison, the DOJ model legislation recommends limiting respondents to one termination motion per order period and placing the burden on the respondent to prove they no longer pose a danger by the same standard required at the original hearing.

Criminal Penalties and Sanctions (§ 7708)

Delaware imposes two categories of criminal penalties related to its red flag law:

Violation of a Lethal Violence Protective Order

Any person who violates an LVPO may be guilty of criminal contempt under 11 Del. C. § 1271A (§ 7708(a)). This includes:

• Failing to relinquish firearms as ordered
• Purchasing, possessing, or receiving firearms while subject to an active order
• Violating any other term of the protective order

False Statements in Proceedings

Any person who swears falsely (as defined by 11 Del. C. § 1224) in any of the following may be guilty of perjury under 11 Del. C. §§ 1221, 1222, or 1223 (§ 7708(b)):

• An affidavit or verified pleading filed under § 7702, § 7703, or § 7704
• A written request to terminate or renew a lethal violence protective order under § 7705
• Any court hearing under § 7703, § 7704, or § 7705

Delaware's perjury statutes provide graduated penalties:

• Perjury in the first degree (§ 1221) — Class D felony (applies in judicial proceedings)
• Perjury in the second degree (§ 1222) — Class A misdemeanor
• Perjury in the third degree (§ 1223) — Class G felony or lesser depending on context

Practical effect: The dual penalty structure means that a person who files a false LVPO petition faces perjury charges, while a respondent who violates the order faces criminal contempt. Both are criminal offenses with potential incarceration.

Firearm Storage, Return, and Immunity (§ 7707)

Relinquished firearms are stored by a law-enforcement agency. Under § 7707(c):

• Law-enforcement agencies are immune from civil or criminal liability for any damage or deterioration of stored firearms, projectile weapons, or ammunition
• Federally-licensed firearms dealers who store or transport firearms under this section also receive this immunity
• The immunity does not apply if the damage or deterioration resulted from recklessness, gross negligence, or intentional misconduct by the law-enforcement agency or federally-licensed firearms dealer

Note: The statute does not specify a maximum storage duration, nor does it detail the process for return of firearms after an order expires or is terminated. The DOJ model legislation recommends that states establish procedures for third-party owners to retrieve seized firearms through an affidavit process with a background check confirming the owner is not disqualified from possessing firearms.

Rulemaking Authority (§ 7709)

The following entities are authorized to promulgate rules and regulations to carry out the purposes of Chapter 77:

• Supreme Court of Delaware
• Superior Court
• Justice of the Peace Court
• State Police
• State Bureau of Identification
• Delaware Criminal Justice Information System (DELJIS) Board of Managers

This broad rulemaking authority allows both the judicial and law enforcement branches to develop implementing procedures for LVPO proceedings, including service protocols, firearm storage standards, and records management.

Relationship to Protection from Abuse (PFA) Orders

Delaware's LVPO statute operates alongside, but is distinct from, the state's Protection from Abuse (PFA) framework under 10 Del. C. Chapter 10. Key differences:

Under Delaware's PFA framework (10 Del. C. § 1041 et seq.), permanent protective provisions — including prohibitions on firearms — can last up to 2 years, and may be extended beyond 2 years upon consent or upon finding aggravating circumstances such as physical injury, use of a firearm, past domestic violence convictions, or repeated violation of prior PFA orders.

National Context

Delaware was among the first wave of states to enact red flag legislation following the February 2018 mass shooting at Marjory Stoneman Douglas High School in Parkland, Florida. As of the law's enactment, Delaware joined Connecticut, Indiana, California, Washington, Oregon, Florida, Vermont, Maryland, Rhode Island, New Jersey, Massachusetts, Illinois, New York, and the District of Columbia in adopting extreme risk protection order statutes.

The DOJ's June 2021 model legislation identifies Delaware's framework as a hybrid of the two main ERPO approaches:

• "Warrant" statutes that authorize courts to issue orders permitting law enforcement to search for and seize firearms
• "Order" statutes that authorize courts to issue temporary orders prohibiting dangerous individuals from possessing or acquiring firearms

Delaware's emergency LVPO provisions combine both approaches — the court can simultaneously issue a no-firearms order and authorize search and seizure of the respondent's weapons.

Concealed Carry Implications

A person subject to an active LVPO is prohibited from owning, purchasing, possessing, having access to, or receiving a firearm. This effectively:

• Suspends the ability to carry concealed (whether under a CCDW permit or otherwise)
• Requires surrender of all firearms, projectile weapons, and ammunition to law enforcement
• May prohibit residing with anyone who possesses firearms (if the court orders this provision)
• Triggers federal prohibitions — under 18 U.S.C. § 922(g)(8), it is a federal crime to possess a firearm while subject to a qualifying court order that restrains a person from harassing, stalking, or threatening an intimate partner or their child

Key Statutory References

NFA Items in Delaware

The National Firearms Act (NFA) (26 U.S.C. § 5801 et seq.) is a federal law that regulates certain categories of firearms and devices, including machine guns, firearm silencers (suppressors), short-barreled rifles, short-barreled shotguns, destructive devices, and "any other weapons" (AOWs). While federal law allows civilian ownership of many NFA items through a registration and tax stamp process, Delaware state law imposes its own — and in many cases more restrictive — prohibitions on several categories of NFA items.

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Prohibited "Destructive Weapons" Under Delaware Law

Per 11 Del. C. § 1444, it is illegal to make, sell, transfer, buy, receive, or possess any of the following items, which Delaware classifies as "destructive weapons":

• Bombs
• Bombshells
• Firearm silencers (suppressors)
• Sawed-off shotguns (short-barreled shotguns)
• Machine guns, or any other firearm or weapon adaptable for use as a machine gun
• Bump stocks, trigger cranks, or rapid fire devices

Penalties

• Possession of items listed in § 1444(a)(1) through (a)(5) — bombs, bombshells, silencers, sawed-off shotguns, and machine guns — is a class E felony, per § 1444(b)(1).
• Possession of items listed in § 1444(a)(6) — bump stocks, trigger cranks, or rapid fire devices — is a class B misdemeanor for a first offense and a class E felony for a second or subsequent offense, per § 1444(b)(2).

Key Definitions (per § 1444(c))

• "Machine gun" means any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger. This includes the frame or receiver of a machine gun, any part or combination of parts designed and intended for converting a weapon into a machine gun, and any combination of parts from which a machine gun can be assembled if the parts are in the possession or under the control of a person.
• "Bump stock" means an after-market device that increases the rate of fire achievable with a semi-automatic rifle by using energy from the recoil of the weapon to generate a reciprocating action that facilitates repeated activation of the trigger.
• "Rapid fire device" means a part, kit, tool, accessory, or device that increases the rate of fire of a semi-automatic firearm to a rate of fire that mimics the rate of fire of a machine gun.
• "Trigger crank" means an after-market device designed and intended to be added to a semi-automatic rifle as a crank operated trigger actuator capable of triggering multiple shots with a single rotation of the crank.
• "Shotgun" means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder, designed to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of projectiles (ball shot) or a single projectile for each pull of the trigger.

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Limited Exceptions to the Destructive Weapons Prohibition

Per § 1444(b)(1), the prohibition on destructive weapons does not apply to:

• Members of the military forces duly authorized to carry such weapons
• Members of a police force in Delaware duly authorized to carry such weapons
• Authorized and certified state and federal wildlife biologists (certified by an accredited state enforcement agency) possessing firearm silencers specifically for the purposes of wildlife disease or wildlife population control
• Persons possessing machine guns for scientific or experimental research and development purposes, provided the machine guns have been duly registered under the National Firearms Act of 1968 (26 U.S.C. § 5801 et seq.)

Important: These exceptions are extremely narrow. Ordinary civilians — including concealed carry permit holders — cannot legally possess silencers/suppressors, machine guns, or sawed-off shotguns in Delaware, even if they have a valid federal NFA tax stamp. The wildlife biologist exception for silencers and the scientific research exception for machine guns do not extend to the general public.

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NFA Items and Delaware's Assault Weapons Ban

Delaware also enacted an assault weapons ban effective June 30, 2022, codified at 11 Del. C. § 1466 (enacted by 84 Del. Laws, c. 312, § 1). This law prohibits the manufacture, sale, offer for sale, transfer, purchase, receipt, possession, or transport into Delaware of "assault weapons" as defined in the statute.

The assault weapons definition (found in the definitions section referenced by § 1466) includes features relevant to NFA-regulated items, such as:

• A semiautomatic pistol with a threaded barrel capable of accepting a flash suppressor, forward pistol grip, or silencer, per the assault weapon feature test
• A semiautomatic, centerfire rifle that has an overall length of less than 30 inches (which would also typically be classified as a short-barreled rifle under federal NFA rules)
• Grenade launchers or flare launchers listed as prohibited features

Grandfathering Provisions

Persons who lawfully possessed or completed a purchase of an assault weapon prior to June 30, 2022 may continue to possess and transport the weapon under limited circumstances, per § 1466(c)(3), including:

• At the person's residence, place of business, or other property owned by that person, or on property owned by another person with the owner's express permission

Additional exceptions exist for law enforcement, military, licensed firearms dealers (under specific conditions), inheritance, and certain other narrow categories outlined in § 1466(b).

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NFA Items and LEOSA (Law Enforcement Officers Safety Act)

Delaware has codified the federal Law Enforcement Officers Safety Act (LEOSA) at the state level in § 1441A (for active qualified law enforcement officers) and § 1441B (for qualified retired law enforcement officers).

However, even under LEOSA as implemented in Delaware, the definition of "firearm" explicitly excludes NFA items. Per § 1441A(e)(3) and § 1441B(e)(1)(c), the term "firearm" under these sections does not include:

• Any machinegun (as defined in 26 U.S.C. § 5845 of the National Firearms Act)
• Any firearm silencer (as defined in 18 U.S.C. § 921)
• Any destructive device (as defined in 18 U.S.C. § 921)

This means that even qualified active and retired law enforcement officers carrying under LEOSA in Delaware may not carry machine guns, silencers, or destructive devices under the LEOSA provisions.

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Summary: NFA Item Legality in Delaware

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Key Statutes

• 11 Del. C. § 1444 — Possessing a destructive weapon (prohibits silencers, machine guns, sawed-off shotguns, bombs, bombshells, bump stocks, trigger cranks, and rapid fire devices)
• 11 Del. C. § 1466 — Manufacture, sale, transport, transfer, purchase, receipt, and possession of assault weapons (effective June 30, 2022)
• 11 Del. C. § 1441A — LEOSA implementation for active law enforcement officers (excludes NFA items from "firearm" definition)
• 11 Del. C. § 1441B — LEOSA implementation for retired law enforcement officers (excludes NFA items from "firearm" definition)
• 26 U.S.C. § 5801 et seq. — National Firearms Act (federal)
• 26 U.S.C. § 5845 — Federal definition of machine gun and other NFA items
• 18 U.S.C. § 921 — Federal definitions (firearm silencer, destructive device)
• 18 U.S.C. § 926B — LEOSA for active law enforcement officers (federal)
• 18 U.S.C. § 926C — LEOSA for retired law enforcement officers (federal)

Delaware Concealed Carry Laws — Frequently Asked Questions

What are the key statutes governing concealed carry in Delaware?

Delaware's firearms and weapons laws are primarily found in Title 11, Chapter 5, Subchapter VII of the Delaware Criminal Code. The key statutes relevant to concealed carry include:

• 11 Del. C. § 1441 — License to carry concealed deadly weapons (CCDW); establishes application process, eligibility, and issuance procedures
• 11 Del. C. § 1441A — Qualification to carry a concealed deadly weapon; addresses training and competency requirements
• 11 Del. C. § 1441B — Reciprocity provisions for out-of-state concealed carry permits
• 11 Del. C. § 1442 — Carrying a concealed deadly weapon without a license (criminal offense)
• 11 Del. C. § 1443 — Carrying a concealed dangerous instrument
• 11 Del. C. § 1444 — Possessing a destructive weapon
• 11 Del. C. § 1445 — Unlawfully dealing with a dangerous weapon
• 11 Del. C. § 1446 — Unlawfully dealing with a switchblade knife
• 11 Del. C. § 1447 — Possession of a deadly weapon during commission of a felony
• 11 Del. C. § 1447A — Possession of a firearm during commission of a felony (mandatory minimum sentencing)
• 11 Del. C. § 1448 — Possession and purchase of deadly weapons by persons prohibited
• 11 Del. C. § 1448A — Criminal history record checks for sales of firearms; relinquishment provisions
• 11 Del. C. § 1448B — Background checks for private sales of firearms
• 11 Del. C. § 1449 — Wearing body armor during commission of a felony
• 11 Del. C. § 1457–1457C — Possession of weapons in Safe School and Recreation Zones
• 11 Del. C. § 1459–1460A — Firearms transfers, private sales, dealer regulation, and background check requirements
• 11 Del. C. § 1463 — Unlawfully dealing with a firearm (straw purchases, altered serial numbers)
• 11 Del. C. § 1464 — Possession of a weapon with a removed, obliterated, or altered serial number
• 11 Del. C. § 1465–1469A — Assault weapons, large-capacity magazines, and additional regulated items
• 11 Del. C. § 1471–1471A — Secure firearm storage; child access prevention

Additionally, Delaware's self-defense and justification statutes (11 Del. C. §§ 461–471) are relevant to CCDW holders. These define when the use of force, including deadly force, is legally justified — including the Castle Doctrine provisions.

How is Delaware's concealed carry system structured?

Delaware is a "may-issue" state under 11 Del. C. § 1441. This means that the issuing authority has discretion to approve or deny applications — a permit is not automatically granted upon meeting minimum requirements.

• Issuing authority: Applications are filed with the Prothonotary of the Superior Court in the county where the applicant resides.
• Three counties: Delaware has three counties — New Castle, Kent, and Sussex — each with its own Prothonotary office and potentially varying local procedures.
• Process: The application process involves submitting a written application, providing character references, publishing notice in a local newspaper, completing an approved firearms training course, and undergoing a background investigation.
• Discretion: The court evaluates whether the applicant has demonstrated "good character and reputation" and that carrying a concealed deadly weapon is necessary for the protection of the applicant or the applicant's property, or for other lawful purposes.
• License type: The permit is called a Concealed Deadly Weapon License (CCDW) and covers deadly weapons generally, not just firearms. This includes handguns, knives, and other weapons that qualify as "deadly weapons" under Delaware law.
• No constitutional carry: Delaware does not have permitless or "constitutional" carry for concealed weapons. A valid CCDW is required to carry a concealed deadly weapon.

What are the general eligibility requirements?

Under 11 Del. C. § 1441, applicants for a Delaware CCDW must meet the following requirements:

• Age: Must be at least 21 years old
• Residency: Must be a resident of Delaware (non-residents may apply under certain conditions related to business or employment in the state)
• Character references: Must provide 5 references from citizens of the county in which the applicant resides who can attest to the applicant's good moral character, sobriety, and need to carry a concealed weapon
• Publication requirement: The applicant must publish notice of the application in a newspaper of general circulation in the county at least 10 days before the application is filed
• Firearms training: Must complete a state-approved firearms training course demonstrating knowledge of firearm safety, handling, and applicable laws (per 11 Del. C. § 1441A). The course must include both classroom instruction and a live-fire qualification component.
• Background check: Must pass a criminal background investigation conducted by the State Bureau of Identification (SBI)
• No disqualifying conditions: Must not fall within any category of prohibited persons under 11 Del. C. § 1448, including:
  • No felony convictions
  • No misdemeanor domestic violence convictions
  • No active Protection From Abuse (PFA) orders
  • No mental health adjudications or commitments
  • Not an unlawful user of controlled substances

What does the application process involve?

The CCDW application process under 11 Del. C. § 1441 involves multiple steps:

1. Complete an approved firearms training course and obtain a certificate of completion. The training must meet the requirements of 11 Del. C. § 1441A, including both safety/legal instruction and hands-on proficiency.
2. Publish notice of intent to apply in a local newspaper of general circulation in the applicant's county at least 10 days prior to filing the application.
3. Gather 5 character references from citizens residing in the same county as the applicant. References must speak to good moral character, sobriety, and the applicant's need to carry a concealed weapon.
4. File the application with the Prothonotary of the Superior Court in the applicant's county of residence, including:
   • Completed application form
   • Proof of newspaper publication
   • Five signed reference letters
   • Training course certificate
   • Application fee
   • Proof of residency
5. Background investigation conducted by the State Bureau of Identification (SBI), including criminal history, mental health records, and any relevant court orders.
6. Potential hearing: The court may schedule a hearing, particularly if there are objections from citizens who saw the published notice or from law enforcement.
7. Court decision: The judge issues or denies the license based on the totality of the application and the standard of "good character and reputation" and demonstrated need.

Application fee: Approximately $65.00 (subject to change; verify with the county Prothonotary's office). Additional costs may include newspaper publication fees, training course fees, and fingerprinting fees.

Processing time: Processing times vary by county but typically range from 60 to 120 days from the date of filing.

License validity: The CCDW is valid for 3 years from the date of issuance.

What is the renewal process?

CCDW renewal under 11 Del. C. § 1441 follows a process similar to the initial application:

• Renewal applications must be filed before the license expires
• The renewal process generally requires updated character references, a current background check, and may require proof of continued firearms proficiency
• The newspaper publication requirement applies to renewals as well
• The renewal fee is similar to the initial application fee
• Lapsed licenses: If a CCDW expires before renewal is completed, the applicant must go through the full initial application process

Who is prohibited from possessing firearms in Delaware?

Under 11 Del. C. § 1448 and related sections (§§ 1448A–1448D), the following persons are prohibited from purchasing, owning, possessing, or controlling a deadly weapon:

• Persons convicted of a felony or a crime of violence as defined by 11 Del. C. § 4201(c)
• Persons convicted of a misdemeanor crime of domestic violence
• Persons who are subject to a Family Court Protection From Abuse (PFA) order
• Persons who have been committed to a mental institution or found by a court to be mentally incompetent
• Persons who are unlawful users of or addicted to any controlled substance
• Juveniles (persons under 18), with certain exceptions for supervised use, hunting, or sport
• Persons who have been adjudicated delinquent for conduct that would constitute a felony if committed by an adult
• Persons subject to a lethal violence protection order (LVPO, commonly called a "red flag" order)

Voluntary relinquishment: Under 11 Del. C. § 1448A, Delaware has provisions for the mandatory relinquishment of firearms when a person becomes a prohibited person (e.g., upon issuance of a PFA order or a domestic violence conviction). The law specifies procedures and timelines for surrendering firearms to law enforcement or a licensed dealer.

Restoration of rights: Certain prohibited persons may petition the court for restoration of firearms rights, depending on the nature and timing of the disqualifying event.

Where are concealed weapons prohibited?

Even with a valid CCDW, Delaware law restricts carrying firearms in certain locations:

• Schools and school zones — 11 Del. C. § 1457 makes it a felony to possess a firearm or deadly weapon in a "Safe School and Recreation Zone," which extends to within 1,000 feet of any school property, including public and private K–12 schools. Sections §§ 1457A–1457C provide additional restrictions and limited exceptions for persons who hold a valid CCDW (in some circumstances, CCDW holders may be exempt from the 1,000-foot zone restriction while transiting but not from carrying on school grounds themselves).
• State parks and forests — Regulated by 7 Del. Admin. Code 9201 and other administrative provisions; firearms may be restricted or require specific authorization. Rules vary by park and activity.
• Government buildings — Including courthouses, the Legislative Hall (Delaware's state capitol in Dover), and state office buildings. Individual government facilities may post prohibitions.
• Polling places — Firearms are restricted at voting locations on election days.
• Private property — Property owners and business operators may prohibit concealed carry on their premises. Carrying in violation of a posted or communicated prohibition may result in trespassing charges under 11 Del. C. § 829 (criminal trespass).
• Federal facilities — Post offices, federal courthouses, military installations, and other federal buildings are off-limits under federal law (18 U.S.C. § 930).

Note: Federal law (the Gun-Free School Zones Act, 18 U.S.C. § 922(q)) also applies independently in Delaware. A valid state CCDW provides an exception under the federal statute for the 1,000-foot zone around schools, but not for carrying on school property itself.

What are the penalties for carrying concealed without a license?

Under 11 Del. C. § 1442, carrying a concealed deadly weapon without a valid CCDW is a criminal offense:

• First offense (no prior felony convictions): Class G felony in certain circumstances, or Class A misdemeanor depending on the weapon type and circumstances. A Class G felony carries up to 2 years imprisonment.
• Subsequent offenses or aggravating factors: Enhanced penalties, potentially including Class D or Class E felony charges. A Class D felony carries up to 8 years imprisonment.
• During commission of another crime: Carrying a deadly weapon during the commission of a felony triggers mandatory minimum sentencing enhancements under 11 Del. C. § 1447 (deadly weapons generally) and § 1447A (firearms specifically). Under § 1447A, possession of a firearm during a felony carries a minimum mandatory 5-year sentence that cannot be suspended.
• Additional consequences: Conviction may result in permanent loss of firearms rights, particularly for felony-level offenses.

The classification depends on the specific weapon involved, the defendant's criminal history, and the circumstances of the offense.

Does Delaware recognize out-of-state concealed carry permits?

Delaware's reciprocity provisions are addressed in 11 Del. C. § 1441B:

• Delaware has very limited reciprocity with other states. As of the most recent updates, Delaware does not have formal reciprocity agreements with most states.
• Non-residents with valid permits from reciprocal states may carry in Delaware subject to all Delaware laws regarding where and how firearms may be carried.
• Delaware residents must obtain a Delaware CCDW — an out-of-state permit does not substitute for a Delaware license for persons who reside in the state.
• Reciprocity status can change; applicants should verify current agreements through the Delaware Attorney General's Office or the Delaware State Police before relying on an out-of-state permit.
• Some states honor Delaware's CCDW even if Delaware does not reciprocate; CCDW holders should check the laws of each state they plan to visit.

Practical note: Due to Delaware's limited reciprocity, travelers carrying concealed in Delaware should exercise particular caution and verify current reciprocity status before crossing state lines.

What about open carry in Delaware?

Delaware law does not generally prohibit the open carry of firearms by persons who are legally permitted to possess them:

• No permit required for open carry by persons who are not prohibited under § 1448
• Minimum age: Persons must be at least 21 to purchase a handgun from a licensed dealer (federal law) and at least 18 to possess a long gun
• Open carry is still subject to location restrictions (schools, government buildings, posted private property, etc.)
• Open carry may be restricted by local ordinances in certain municipalities — notably, the City of Wilmington has historically enacted local firearms regulations
• Brandishing or displaying a weapon in a threatening manner may constitute separate criminal offenses (e.g., menacing under 11 Del. C. § 602, terroristic threatening under 11 Del. C. § 621, or aggravated menacing under 11 Del. C. § 603)
• While legal, open carry may prompt law enforcement contact and is generally less common than concealed carry in Delaware's urban and suburban areas

What are Delaware's self-defense and Castle Doctrine laws?

Delaware's justification and self-defense provisions are found in 11 Del. C. §§ 461–471:

• 11 Del. C. § 464 — Justification for the use of force in self-protection. A person may use force upon another when they reasonably believe such force is necessary to protect themselves against the use of unlawful force by another person.
• 11 Del. C. § 465 — Use of force for the protection of other persons.
• 11 Del. C. § 466 — Use of force for the protection of property.
• Deadly force is justified only when the defender reasonably believes deadly force is necessary to protect against death, serious physical injury, kidnapping, or sexual intercourse compelled by force or threat (§ 464(c)).
• Castle Doctrine: Delaware recognizes a limited Castle Doctrine. Under § 464(e), a person who is in their dwelling has no duty to retreat before using deadly force in self-defense, provided the other conditions for the use of deadly force are met.
• Duty to retreat outside the home: Outside the dwelling, Delaware law generally requires a person to retreat if they can do so safely before resorting to deadly force. Delaware does not have a broad "Stand Your Ground" law.
• Defenses related to intoxication (11 Del. C. §§ 421–424) may be relevant in self-defense cases involving firearms — voluntary intoxication generally does not constitute a defense.

What are Delaware's laws on firearms transfers and background checks?

Delaware has enacted comprehensive requirements for firearms transfers:

• 11 Del. C. § 1448A — Requires background checks (NICS) for all firearms sales through licensed dealers.
• 11 Del. C. § 1448B — Requires background checks for private sales of firearms. Private transfers must be conducted through a licensed firearms dealer (FFL) who performs the required federal background check. This applies to sales, gifts, and other transfers with limited exceptions.
• 11 Del. C. § 1459 / § 1459A — Additional provisions on sale and transfer of firearms, including waiting periods and documentation requirements.
• 11 Del. C. § 1460 / § 1460A — Regulation of firearms dealers and transfer reporting obligations.
• 11 Del. C. § 1463 — Prohibitions on straw purchases and trafficking in firearms with altered or removed serial numbers.
• Exemptions to private-sale background check requirements include:
  • Transfers between immediate family members (parent, child, spouse, sibling, grandparent, grandchild, stepparent, stepchild)
  • Transfers to or from law enforcement officers acting in their official capacity
  • Transfers at organized shooting competitions or while at a licensed shooting range (temporary)
  • Antique firearms as defined under federal law
  • Transfers that occur by operation of law (e.g., inheritance upon death)

What are Delaware's laws on assault weapons and large-capacity magazines?

Delaware has enacted restrictions on certain weapons and accessories:

• 11 Del. C. § 1465 — Defines and regulates assault weapons. Delaware's assault weapons law restricts the manufacture, sale, purchase, receipt, transfer, and possession of specifically defined assault weapons.
• 11 Del. C. § 1468 — Restricts large-capacity magazines (generally defined as magazines capable of holding more than 17 rounds for handguns). The manufacture, sale, purchase, receipt, transfer, and possession of large-capacity magazines is restricted with certain grandfathering provisions.
• 11 Del. C. § 1444 — Prohibits possession of destructive weapons including bombs, grenades, Molotov cocktails, and similar devices.
• 11 Del. C. § 1446 — Prohibits dealing in switchblade knives.
• Bump stocks and trigger modifications: Delaware law restricts devices designed to increase the rate of fire of a semiautomatic firearm.

What are Delaware's secure storage and child access prevention laws?

Delaware has enacted laws regarding firearm storage:

• 11 Del. C. § 1471 — Secure firearm storage provisions require gun owners to take reasonable steps to secure firearms from unauthorized access, particularly by minors and prohibited persons.
• 11 Del. C. § 1471A — Child access prevention — imposes liability on persons who negligently store or leave a firearm in a manner that allows access by a minor (under 18), if the minor obtains the firearm and causes injury or death.
• CCDW holders should be particularly aware of storage requirements when not actively carrying their weapon.

Does Delaware have a "red flag" law?

Yes. Delaware has a Lethal Violence Protection Order (LVPO) law, sometimes referred to as an Extreme Risk Protection Order:

• Law enforcement or family members can petition the court for a temporary order requiring a person to surrender their firearms if they pose an immediate danger to themselves or others.
• A temporary LVPO may be issued ex parte (without the respondent present) based on probable cause.
• A final LVPO requires a hearing with both parties and can last up to 1 year, with the possibility of renewal.
• During the effective period of an LVPO, the subject is a prohibited person under § 1448 and may not possess firearms.
• Violation of an LVPO is a criminal offense.

What are the rules for carrying in a vehicle?

Delaware law addresses firearms in vehicles as follows:

• A loaded concealed firearm in a vehicle is treated as carrying a concealed deadly weapon and requires a valid CCDW.
• Without a CCDW, firearms transported in a vehicle should be unloaded and securely cased or otherwise not readily accessible.
• Open carry of a firearm in a vehicle (e.g., in a visible holster or rack) exists in a legal gray area; CCDW holders are advised to carry concealed to avoid ambiguity.
• All location restrictions (school zones, government buildings, etc.) apply equally to firearms in vehicles.

What should CCDW holders do during a law enforcement encounter?

Delaware does not have a statutory duty to inform law enforcement that you are carrying a concealed weapon during a routine stop. However:

• It is strongly recommended to voluntarily inform the officer that you hold a CCDW and are carrying a weapon, as a matter of safety and cooperation.
• Keep your hands visible and follow all officer instructions.
• Do not reach for or display the weapon unless specifically directed to do so by the officer.
• Have your CCDW and government-issued ID readily available.
• Failure to comply with lawful orders during an encounter while armed can escalate the situation and may result in additional charges.

Are there additional considerations for CCDW holders?

• Carrying while intoxicated: While Delaware does not have a specific statute prohibiting carrying a firearm while intoxicated, impaired judgment while armed can lead to criminal liability for any resulting offenses. Voluntary intoxication is generally not a defense under 11 Del. C. §§ 421–424.
• Training currency: CCDW holders are encouraged to maintain proficiency through regular training, even though Delaware does not require ongoing training between renewal periods.
• License must be carried: The CCDW license must be carried on the person at all times when carrying a concealed deadly weapon and must be produced upon request by law enforcement.
• Change of address: CCDW holders should notify the issuing court of any change of address.
• Revocation: A CCDW may be revoked by the court if the holder is convicted of a disqualifying offense, becomes subject to a PFA or LVPO, or otherwise becomes a prohibited person.