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...
Reviewed by Will Luker, Founder of CCW Hub. USCCA Training Counselor, USCCA Certified Instructor, NRA Certified Instructor, Law Enforcement.
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:
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.
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.
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.
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
Background investigation conducted by the State Bureau of Identification (SBI), including criminal history, mental health records, and any relevant court orders.
Potential hearing: The court may schedule a hearing, particularly if there are objections from citizens who saw the published notice or from law enforcement.
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.
Last verified:2026-04-10
This page covers one part of our Delaware concealed carry guide.
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