NFA Items | Delaware Concealed Carry

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)