Storage Requirements | Delaware Concealed Carry

Storage Requirements for Firearms in Delaware

Delaware imposes specific legal requirements for how firearms and projectile weapons must be stored, both in homes/buildings and in vehicles. These requirements apply to all firearm owners, including concealed carry permit holders.

---

Unsafe Storage Outside a Vehicle (General Storage)

Under § 1456(a), Title 11, Delaware Code, a person commits the offense of unsafe storage of a firearm or projectile weapon when they intentionally or recklessly store or leave a loaded firearm or projectile weapon in a place other than a vehicle, within the reach or easy access of an unauthorized person, and the unauthorized person actually obtains the firearm or projectile weapon.

However, a violation only occurs when all four of the following conditions are met:

1. Not in a locked box or container — The firearm was not stored in a locked box or container. (For projectile weapons, this condition does not apply if the weapon was stored in a way that renders it "not readily operable.") Per § 1456(a)(1)a.

2. No trigger lock — The firearm was not disabled with a tamper-resistant trigger lock properly engaged to render it inoperable by anyone other than the owner or authorized user. (This condition does not apply to projectile weapons that cannot be fitted with a trigger lock.) Per § 1456(a)(1)b.

3. Not in a reasonably secure location — The firearm was not stored in a location that a reasonable person would have believed to be secure from access by an unauthorized person. Per § 1456(a)(1)c.

4. Not obtained through unlawful entry — The unauthorized person did not obtain the firearm as the result of an unlawful entry (i.e., a break-in) by any person. Per § 1456(a)(1)d.

In plain language: You can avoid liability under this section by doing any one of the following: storing the loaded firearm in a locked container, using a tamper-resistant trigger lock, storing it in a location a reasonable person would consider secure, or if the unauthorized person only gained access through an unlawful break-in.

---

Key Definitions Under § 1456(a)(2)

• "Locked container" — A secure container that is fully enclosed and locked by a padlock, key lock, combination lock, or similar locking device that renders the firearm inaccessible to anyone other than the owner or authorized person. A glove compartment does not qualify as a locked container unless it can be manually locked to render the firearm inaccessible.

• "Not readily operable" — The projectile weapon is disassembled, broken down, or stored in a manner to prevent its immediate use.

• "Stores or leaves" — This term does not include situations where the firearm is carried by or under the control of the owner or other lawfully authorized user. In other words, if you are actively carrying or controlling your firearm, the storage law does not apply.

• "Unauthorized person" — Defined as a child or a person prohibited by state or federal law from owning or possessing a firearm or projectile weapon.

---

Unsafe Storage in a Vehicle

Under § 1456(b), Title 11, Delaware Code, a person commits the offense of unsafe storage of a firearm in a vehicle when they knowingly leave a firearm unattended in a vehicle and the firearm is not stored in any of the following:

1. A locked box or container
2. A locked firearms rack that is on the motor vehicle
3. Locked in the trunk of the vehicle

Important for concealed carry permit holders: Per § 1456(g), having a valid concealed carry license issued under § 1441 is not a defense to the vehicle storage requirement. Even with a CCDW permit, you must secure your firearm in one of the three approved methods listed above when leaving it unattended in a vehicle.

---

Penalties

General Storage Violations (Outside a Vehicle) — § 1456(c):

Vehicle Storage Violations — § 1456(d):

Jurisdiction: The Superior Court has jurisdiction over all offenses under § 1456, per § 1456(e).

---

Antique Firearm Exception

Per § 1456(f), the unsafe storage law does not apply to firearms manufactured in or before the year 1899, or replicas of such firearms, provided the replica is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition.

---

Secure Storage for Assault Weapons During Transport

Delaware's assault weapons law, § 1466, Title 11, includes a separate "secure storage" requirement that applies when transporting grandfathered assault weapons (those lawfully possessed before June 30, 2022).

Per § 1465(12), "secure storage" for purposes of the assault weapons provisions means:

A firearm that is stored in a locked container or equipped with a tamper-resistant mechanical lock or other safety device that is properly engaged so as to render the firearm inoperable by a person other than the owner or other lawfully-authorized user.

Under § 1466(c)(3)d., a person transporting a grandfathered assault weapon between permitted locations (residence, shooting range, exhibitions, or a licensed dealer for repair) must place the assault weapon in secure storage during transport.

Similarly, under § 1466(c)(4), transport of an assault weapon to or from approved testing facilities requires the weapon to be in secure storage.

Violation of the assault weapons provisions is a class D felony, per § 1466(d).

---

Practical Summary for Concealed Carry Permit Holders

• At home or other non-vehicle locations: Store loaded firearms so they are not accessible to children or prohibited persons. Use a locked container, trigger lock, or a location a reasonable person would consider secure.
• In your vehicle: When leaving a firearm unattended, it must be in a locked box/container, a locked firearms rack, or locked in the trunk — even if you hold a valid CCDW permit.
• Transporting grandfathered assault weapons: Must be in "secure storage" (locked container or tamper-resistant lock rendering it inoperable).

---

Key Statutes