Constitutional Carry in Delaware: What the Law Allows

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.