Delaware Concealed Carry Permit Basics

Permit Basics — Delaware Concealed Carry

Overview: Permit-Required State

Delaware is a permit-required state for concealed carry. The HandgunLaw.us source categorizes Delaware under "Shall Issue." There is no constitutional or permitless carry provision in Delaware law — Delaware is not among the states listed as having permitless carry. To legally carry a concealed deadly weapon, you must obtain a Concealed Deadly Weapon License (CDWL) issued through the Delaware court system, per 11 Del. C. § 1441.

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Permit Type and Issuing Authority

• The license is formally called a "License to Carry a Concealed Deadly Weapon" (CDWL).
• Applications are filed with the Prothonotary (the chief clerk of the court) in the county where the applicant resides, per 11 Del. C. § 1441.
• The application process is governed by 11 Del. C. § 1441, located within Title 11, Chapter 5, Subchapter VII (Offenses Involving Deadly Weapons and Dangerous Instruments) of the Delaware Criminal Code.
• Applications for new licenses are available for Delaware residents only, per the court's published application instructions.

Residency Requirements

• Residents: Delaware residents apply through the Prothonotary in their county of residence, per 11 Del. C. § 1441(a).
• Non-Residents: Non-residents are not eligible for the standard CDWL. However, the Attorney General has discretion to issue a temporary license to non-residents under limited circumstances, per 11 Del. C. § 1441(k) (see "Temporary Licenses for Non-Residents" below).

Application Requirements

Per the Delaware Courts' published instructions for new CDWL applications and 11 Del. C. § 1441(a), the following steps must be completed for an application to be processed:

• The applicant must satisfy all requirements of subsection (a) of § 1441, which includes demonstrating the necessity for carrying a concealed deadly weapon for the protection of the applicant's person or property.
• The specific procedural steps and documentation required are outlined in the court's application packet. The source confirms that detailed instructions exist but the full list of procedural steps is not reproduced in the available source material beyond the introductory statement.

Demonstrating Necessity — Protection from Abuse Orders

Under 11 Del. C. § 1441(i), an adult who has successfully obtained a protection from abuse (PFA) order containing a firearms prohibition (authorized by 10 Del. C. § 1045(a)(8) or pursuant to 11 Del. C. § 1448(a)(6)) against another person for alleged acts of domestic violence (as defined in 10 Del. C. § 1041) is automatically deemed to have shown the necessity for a concealed carry license for self-protection. However, all other requirements of § 1441(a) must still be satisfied.

Fees

• Retired law enforcement officers: A fee of $65 is paid to the Prothonotary in the county of residence, per 11 Del. C. § 1441(h)(1) and (h)(2).
• Standard civilian applicants: The exact fee amount for standard (non-retired-LEO) applicants is not specified in the available source material for § 1441(a). Not addressed in available sources.

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Retired Law Enforcement Officers — Special Licensing Path

Per 11 Del. C. § 1441(h), retired police officers (as defined by 11 Del. C. § 1911) who served at least 20 years in any law-enforcement agency within Delaware, or who are retired and remain currently eligible for a duty-connected disability pension, may obtain a CDWL under a streamlined process:

• Application within 90 days of retirement — per § 1441(h)(1):

  • Pay a $65 fee to the Prothonotary in the county of residence.
  • Present both:
    • A certification from the Attorney General's office verifying the retired officer is in good standing; and
    • A letter from the chief of the retired officer's agency verifying good standing.

• Application more than 90 days but within 20 years of retirement — per § 1441(h)(2):

  • Pay a $65 fee to the Prothonotary in the county of residence.
  • Present certification forms from the Attorney General's office verifying:
    • The retired officer is in good standing with the former agency;
    • The retired officer's criminal record has been reviewed and the officer has not been convicted of any crime greater than a violation since retirement; and
    • The retired officer has not been committed to a psychiatric facility since retirement.

Active Law Enforcement Exemption

Per 11 Del. C. § 1441(g), the concealed carry licensing requirements do not apply to the carrying of the usual weapon by police or other peace officers.

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Automatic Revocation / Void License

Per 11 Del. C. § 1441(m), any license issued under § 1441 is automatically void by operation of law if the licensee is or becomes prohibited from owning, possessing, or controlling a deadly weapon as specified in 11 Del. C. § 1448. This means:

• The license does not need to be formally revoked by a court — it becomes void automatically.
• Prohibited persons under § 1448 include (among others) those convicted of felonies, those subject to certain protective orders, and those who have been committed to mental institutions. The full list of disqualifying conditions is set forth in 11 Del. C. § 1448.

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Temporary Licenses for Non-Residents

Per 11 Del. C. § 1441(k) and (l):

• The Attorney General has discretion to issue a temporary concealed carry license to non-residents on a limited basis.
• The applicant must demonstrate a short-term need to carry a weapon within Delaware in conjunction with employment for the protection of person or property.
• The temporary license automatically expires 30 days from the date of issuance.
• The temporary license is not subject to renewal, but a second or subsequent temporary license may be issued.
• No individual may be issued more than 3 temporary licenses total.
• The temporary license must be carried at all times while within the State.
• All applications must be in writing and must bear a notice that false statements are punishable by law, per § 1441(l).
• The Attorney General has authority to promulgate regulations for the administration of temporary licenses.

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Reciprocity with Other States

Per 11 Del. C. § 1441(j):

• Delaware gives full faith and credit to concealed carry licenses/permits issued by other states, but only where:
  • The issuing state also honors Delaware-issued licenses; and
  • The other state's license/permit is issued pursuant to state law and affords a "reasonably similar" degree of protection as Delaware's licensing system.
• "Reasonably similar" does not require identical provisions — alternative or differing provisions and different eligibility processes are permitted.
• Exception: If there is evidence of a pattern of issuing licenses to convicted felons in another state, the Attorney General shall not include that state in reciprocity, even if the law is otherwise "reasonably similar."
• The Attorney General determines which states qualify and publishes a list on January 15 of each year.
• The list is valid for one year, and no state may be removed without 1 year's notice of impending removal.
• The list must be made available to all state and local law-enforcement agencies and to all current Delaware CDWL holders.

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Disqualifying Factors

Per 11 Del. C. § 1441(m), a license is automatically void if the holder becomes a prohibited person under 11 Del. C. § 1448. While the full text of § 1448 is not reproduced in the available sources, the sources reference the following categories of prohibited persons:

• Persons prohibited from owning, possessing, or controlling a deadly weapon under § 1448
• For retired officers specifically: conviction of any crime greater than a violation since retirement, per § 1441(h)(2)(b)
• For retired officers: commitment to a psychiatric facility since retirement, per § 1441(h)(2)(c)

The complete list of disqualifying factors (felony convictions, domestic violence misdemeanors, mental health adjudications, etc.) is contained in 11 Del. C. § 1448 — the full text of that section is not included in the available source material.

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Age Requirements

The specific minimum age for a CDWL is not explicitly stated in the available source material. The statute at § 1441(a) references "a person of full age," and § 1441(i) references "an adult person," suggesting applicants must be adults. The exact minimum age requirement is not addressed in available sources.

Permit Duration / Renewal

The duration of a standard CDWL and renewal procedures are not addressed in the available source material for § 1441(a). The only duration specified is the 30-day automatic expiration for temporary non-resident licenses under § 1441(k).

Federal Considerations

• FOPA (Firearm Owners Protection Act, 18 U.S.C. § 926A): Federal law provides safe passage protections for lawful firearm transport through states, including Delaware, provided the firearm is unloaded and not readily accessible. Not addressed in the Delaware state sources provided.
• LEOSA (Law Enforcement Officers Safety Act, 18 U.S.C. §§ 926B–926C): Qualified active and retired law enforcement officers may carry concealed firearms nationwide under federal law, separate from and in addition to Delaware's state licensing provisions for retired officers under § 1441(h). Not addressed in the Delaware state sources provided.

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Key Statutes