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...
Reviewed by Will Luker, Founder of CCW Hub. USCCA Training Counselor, USCCA Certified Instructor, NRA Certified Instructor, Law Enforcement.
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.
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":
Per § 1444(b)(1), the prohibition on destructive weapons does not apply to:
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.
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:
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:
Additional exceptions exist for law enforcement, military, licensed firearms dealers (under specific conditions), inheritance, and certain other narrow categories outlined in § 1466(b).
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:
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.
| NFA Item Category | Legal for Civilians in DE? | Statute |
|---|---|---|
| Machine guns | No — Prohibited except for scientific/experimental research with NFA registration | 11 Del. C. § 1444(a)(5), (b)(1) |
| Firearm silencers/suppressors | No — Prohibited except for certified wildlife biologists | 11 Del. C. § 1444(a)(3), (b)(1) |
| Sawed-off shotguns (short-barreled shotguns) | No — Prohibited | 11 Del. C. § 1444(a)(4), (b)(1) |
| Short-barreled rifles | Not specifically listed in § 1444; however, a semiautomatic centerfire rifle under 30 inches overall length is prohibited as an "assault weapon" under § 1466 | 11 Del. C. § 1466 |
| Destructive devices (bombs, bombshells) | No — Prohibited | 11 Del. C. § 1444(a)(1)-(2), (b)(1) |
| Bump stocks / trigger cranks / rapid fire devices | No — Prohibited | 11 Del. C. § 1444(a)(6), (b)(2) |
| "Any Other Weapons" (AOWs) | Not addressed in available sources as a specific prohibition under § 1444; federal NFA rules would apply |
This page covers one part of our Delaware concealed carry guide.
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