Carrying a Gun in Your Car in Delaware: Vehicle Carry Laws

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)