Delaware is a may-issue state for concealed carry permits. The state's concealed carry framework is governed primarily by Title 11, Chapter 5 of the...
Reviewed by Will Luker, Founder of CCW Hub. USCCA Training Counselor, USCCA Certified Instructor, NRA Certified Instructor, Law Enforcement.
Overview
Delaware Concealed Carry Laws Overview
Delaware is a may-issue state for concealed carry permits. The state's concealed carry framework is governed primarily by Title 11, Chapter 5 of the Delaware Code, with the constitutional right to keep and bear arms protected under Article I, Section 20 of the Delaware Constitution.
Constitutional Protection
Article I, Section 20 of the Delaware Constitution guarantees the right to keep and bear arms. Notably, this right is explicitly protected during states of emergency under Title 20, Chapter 31, § 3116, which provides:
Nothing in the Governor's emergency powers shall be construed as granting the power to suspend or limit the right of law-abiding citizens to keep and bear arms for defense of self, family, home, and State, as guaranteed by Article I, § 20 of the Delaware Constitution (85 Del. Laws, c. 25, § 2).
Law-abiding citizens may take reasonable steps to safeguard their arms from destruction, looting, or theft during emergencies, including but not limited to removal to locations of relative safety.
The Governor's emergency powers (§ 3116) include issuing driving restrictions, taking actions to maintain life, health, property, or public peace — but these broad powers are expressly limited by the firearms protections in subsection (c).
Federal overlap: If the state is receiving monetary or other assistance from the federal government during a declared emergency, federal law may also apply — see 42 U.S.C. § 5207, which imposes additional prohibitions on firearms confiscation during federally-assisted emergencies.
Scope: The CDWL covers not only firearms but other deadly weapons as well, distinguishing it from many states that issue firearm-only permits.
Issuing Authority: The Superior Court in the county where the applicant resides. Delaware's judicial system includes the Supreme Court, Court of Chancery, Superior Court, Family Court, Court of Common Pleas, Justice of the Peace Court, and the Administrative Office of the Courts, but concealed carry licensing is handled exclusively by the Superior Court.
May-Issue Framework: The court exercises discretion in granting permits under 11 Del. C. § 1441 and related sections.
Governing Law: Title 11 (Crimes and Criminal Procedure), Chapter 5 of the Delaware Code.
Full Delaware State Code: The complete Delaware Code, including all firearms statutes, is accessible at delcode.delaware.gov.
Key Definitions (11 Del. C. § 222)
Delaware law defines relevant weapon categories that interact with concealed carry:
Dangerous instrument (§ 222(5)): Any instrument, article, or substance readily capable of causing death or serious physical injury under the circumstances of its use; includes disabling chemical sprays and electronic control devices (e.g., neuromuscular incapacitation devices/tasers).
Projectile weapon (§ 222(28)): Includes bows, crossbows, airbows, weapons designed to discharge arrows/bolts/spears, and airguns discharging projectiles larger than .177 caliber.
Delaware's criminal code dedicates Title 11, Chapter 14, Subchapter I specifically to offenses involving firearms and other deadly weapons. This subchapter defines the criminal prohibitions that concealed carry permit holders must understand, including unlawful carrying, possession by prohibited persons, and weapons in restricted locations. CDWL holders should review this subchapter in full, as violations can result in felony charges and permanent loss of carry privileges.
The Delaware General Assembly's Criminal Justice Improvement Committee has published a comprehensive criminal code revision that organizes Chapter 14 into three subchapters:
Subchapter I: Offenses Involving Firearms and Other Deadly Weapons
Subchapter II: Drug and Related Offenses
Subchapter III: Offenses Involving Organized Crime and Racketeering
CDWL holders should focus on Subchapter I, which consolidates all weapons-specific offenses.
2024 Handgun Qualified Purchaser Permit
In 2024, Delaware enacted a significant handgun purchaser licensing law ("permit to purchase") through the Office of Gun Violence Prevention and Community Safety (housed under the Governor's office). Key provisions:
Most individuals wishing to purchase a handgun must obtain a Handgun Qualified Purchaser Permit unless they already hold a valid Delaware concealed carry permit or are active/retired law enforcement.
Applicants must submit fingerprints, complete a state-approved firearm safety training course (including live-fire training), and pass an expanded criminal history check.
The Delaware State Bureau of Identification (SBI) processes applications and must issue or deny within 30 days absent disqualifying factors.
The purchaser permit is valid for two years. Holders may use the permit to purchase handguns within that timeframe.
Applications may be denied or permits revoked for disqualifying conditions (e.g., criminal record), and applicants have the right to appeal denials first to the Justice of the Peace Court, then to Superior Court.
If a permit is revoked and handguns were purchased under that permit, the law authorizes efforts to remove or surrender those firearms.
Exemptions: Active or retired law enforcement and CDWL holders are exempt — a valid Delaware concealed carry permit satisfies the purchaser permit requirement.
Practical benefit for CDWL holders: The concealed carry license serves as an automatic exemption from the separate handgun purchase permitting process, eliminating the need for a redundant background check and training requirement.
Self-Defense & Justification Legal Framework
Delaware's defenses to criminal liability are codified in Title 11, Chapter 4 (originally enacted as 58 Del. Laws, c. 497, § 1, with significant amendments in 70 Del. Laws, c. 186, § 1) and are critical knowledge for concealed carry holders. The Chapter is organized into three subchapters in the proposed criminal code revision:
Subchapter I: Justification Defenses
Subchapter II: Excuse Defenses
Subchapter III: Nonexculpatory Defenses
Justification (11 Del. C. §§ 461–471)
§ 461 establishes that justification, as defined in §§ 462–471, is a defense to any prosecution for an offense.
§ 462 addresses justification in the execution of public duty.
§§ 463–471 define lawful use of force, including in defense of self, others, and property.
Concealed carry permit holders should be thoroughly familiar with these justification statutes, as they define when the use of deadly force is legally permissible in Delaware.
Intoxication (11 Del. C. §§ 421–424)
Delaware law addresses intoxication as it relates to criminal liability — relevant because carrying a concealed weapon while intoxicated can create serious legal exposure:
§ 424(1) defines "intoxication" as the inability, resulting from the introduction of substances into the body, to exercise control over one's mental faculties.
§ 424(2) defines "voluntary intoxication" as intoxication caused by substances the actor knowingly introduces into their body, the tendency of which to cause intoxication the actor knows or should know — unless introduced pursuant to medical advice or under duress that would afford a defense to criminal prosecution.
(Legislative history: 58 Del. Laws, c. 497, § 1; 70 Del. Laws, c. 186, § 1)
Duress (11 Del. C. § 431)
§ 431(a): It is an affirmative defense that the defendant engaged in conduct because they were coerced by the use of, or threat to use, force against their person or another's, which a reasonable person in the defendant's situation would have been unable to resist.
§ 431(b): The defense is unavailable if the defendant intentionally or recklessly placed themselves in a situation where duress was probable.
§ 431(c): The historical presumption that a woman acting in the presence of her husband is coerced has been abolished. It is not a defense that a woman acted on the command of her husband, unless the coercion meets the standard in subsection (a).
(Legislative history: 58 Del. Laws, c. 497, § 1; 70 Del. Laws, c. 186, § 1)
Entrapment (11 Del. C. § 432)
§ 432(a): It is an affirmative defense that the accused was induced by a law-enforcement official (or their agent acting in knowing cooperation) to engage in conduct constituting a crime when the person was not otherwise disposed to do so. The defense concedes commission of the act but asserts it should not be punished because the officer originated the criminal idea and induced the person to engage in conduct constituting a crime.
§ 432(b):Unavailable when causing or threatening physical injury is an element of the offense and the prosecution is based on injury to a person other than the one perpetrating the entrapment.
(Legislative history: 58 Del. Laws, c. 497, § 1; 59 Del. Laws, c. 203, § 38; 70 Del. Laws, c. 186, § 1)
Mistake of Fact (11 Del. C. § 441)
Ignorance or mistake of fact is a defense if:
The ignorance or mistake negates the required state of mind for the offense; or
The statute expressly provides that the mistake is a defense or exemption; or
The mistake supports a defense of justification as defined in the Criminal Code.
(Legislative history: 58 Del. Laws, c. 497, § 1)
Consent (11 Del. C. §§ 451–453)
§ 451: Consent of the victim is a defense if the act did not involve or threaten physical injury and the consent negates an element of the offense. Any person who enters the presence of other people consents to the normal physical contacts incident to such presence.
§ 452: For offenses involving physical injury, consent is a defense if the injury is not serious, or if it is a reasonably foreseeable hazard of joint participation in an athletic contest or lawful concerted activity not prohibited by law.
§ 453: Consent is not a defense if given by a legally incompetent person (unless the defendant believes the victim is legally competent), someone manifestly unable to make a reasonable judgment (due to youth, mental illness, mental condition, mental defect, serious mental disorder, psychiatric disorder, or intoxication), someone whose improvident consent the law aims to prevent, or if induced by force, duress, or deception(amended by 78 Del. Laws, c. 224, § 11).
Victim's Age (11 Del. C. § 454)
§ 454: Notwithstanding any other provision of law, it is no defense for an offense or sentencing provision defined in Title 11, Title 16, or Title 31 that has the age of the victim as an element that the accused did not know the victim's age or reasonably believed the person to be of an age that would not meet the element — unless the statute defining the offense expressly provides that knowledge of the victim's age is an element or that lack of such knowledge is a defense.
(Legislative history: 73 Del. Laws, c. 126, § 2)
Practical relevance for CDWL holders: This strict liability provision regarding victim age is particularly important in self-defense scenarios — a CDWL holder cannot claim ignorance of an aggressor's age as a defense if age is an element of the charged offense (e.g., certain assault charges involving minors).
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