Delaware does not have a comprehensive state preemption law for firearms. Unlike many other states, Delaware has not enacted a broad statute that prevents...
Reviewed by Will Luker, Founder of CCW Hub. USCCA Training Counselor, USCCA Certified Instructor, NRA Certified Instructor, Law Enforcement.
Delaware does not have a comprehensive state preemption law for firearms. Unlike many other states, Delaware has not enacted a broad statute that prevents counties and municipalities from enacting their own firearm regulations that are more restrictive than state law. This means that local governments in Delaware may have the authority to pass their own ordinances related to firearms, and concealed carry permit holders should be aware that local rules may vary from one jurisdiction to another within the state.
The available source material from Delaware's Title 11 Criminal Code does not contain a general firearms preemption statute (i.e., a statute explicitly reserving all firearm regulation exclusively to the state and prohibiting local governments from enacting firearm-related ordinances). A thorough review of the Delaware Criminal Code sections provided — including the full range of statutes in the "Offenses Involving Deadly Weapons and Dangerous Instruments" subchapter (§§ 1401–1474, Title 11) — does not reveal a broad firearms preemption provision.
Delaware does have narrow, subject-specific preemption provisions in other areas of law, which illustrate that when the General Assembly intends to preempt local authority, it does so explicitly:
Unmanned Aircraft Systems (Drones): Per 11 Del. C. § 1334(e), "Only the State may enact a law or take any other action to prohibit, restrict, or regulate the testing or operation of an unmanned aircraft systems in the State. This section preempts the authority of a county or municipality to prohibit, restrict, or regulate the testing or operating of unmanned aircraft systems and supersedes any existing law or ordinance of a county or municipality that prohibits, restricts, or regulates the testing or operating of unmanned aircraft systems."
Tobacco Products: Per 11 Del. C. § 1127, the state's tobacco sales provisions "preempt and supersede any provisions of any municipal or county ordinance or regulation on the subject of this subpart enacted after June 30, 1996."
The existence of these explicit, narrow preemption clauses — and the absence of a similar clause in the firearms subchapter — is notable. It suggests that the Delaware General Assembly has not chosen to broadly preempt local firearm regulation in the same manner.
Because Delaware lacks a broad firearms preemption law:
While not a preemption issue per se, Delaware state law does establish several statewide prohibited locations for firearms that apply uniformly:
Delaware has enacted state-level implementation of the federal Law Enforcement Officers Safety Act (LEOSA) of 2004:
| Statute | Subject |
|---|---|
| 11 Del. C. § 1334(e) | State preemption of drone/unmanned aircraft regulation (not firearms — included for comparison) |
| 11 Del. C. § 1127 | State preemption of tobacco product regulation (not firearms — included for comparison) |
| 11 Del. C. § 1441A | LEOSA implementation — active law-enforcement officers (18 U.S.C. § 926B) |
| 11 Del. C. § 1441B | LEOSA implementation — retired law-enforcement officers (18 U.S.C. § 926C) |
| 11 Del. C. § 1457A | Possession of firearm in Safe School Zone — class E felony |
| 11 Del. C. § 1457B | Possession of firearm at polling place — class A misdemeanor |
| 18 U.S.C. § 926B | Federal LEOSA — active officers |
| 18 U.S.C. § 926C | Federal LEOSA — retired officers |
Note: The available sources do not contain a general firearms preemption statute for Delaware. Concealed carry permit holders should be aware that the absence of such a statute means local jurisdictions may impose their own firearms restrictions beyond state law.
This page covers one part of our Delaware concealed carry guide.
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