Delaware Transportation Laws for Firearms

General Transportation of Firearms

Delaware law addresses several aspects of transporting firearms within and into the state. The key statutes are found primarily in Title 11 (Criminal Code), Chapter 5, Subchapter VII (Offenses Involving Deadly Weapons and Dangerous Instruments), with additional provisions in Title 7 (Fish & Wildlife), Title 28 (Weapons), and Delaware's implementation of the federal Law Enforcement Officers Safety Act.

Key Definitions — 11 Del. C. § 222

Several statutory definitions in § 222 are critical for understanding Delaware's transportation laws:

• "Vehicle" (§ 222(41)) — includes any means in or by which someone travels or something is carried or conveyed or a means of conveyance or transport, whether or not propelled by its own power.
• "Major component of a firearm" (§ 222(20)) — the slide, barrel, cylinder, trigger group, or receiver of a firearm.
• "Unfinished firearm frame or receiver" (§ 222(38)) — a firearm frame or receiver that requires further machining or molding in order to be used as part of a functional firearm, and which is designed and intended to be used in the assembly of a functional firearm.
• "Undetectable firearm" (§ 222(37)) — a firearm constructed entirely of nonmetal substances, or one that after removal of all major components is not detectable by walk-through metal detectors calibrated to detect the security exemplar, or which includes a major component that would not generate an accurate image under detection devices commonly used at airports. Does not include firearms subject to 18 U.S.C. § 922(p)(3)–(6).
• "Untraceable firearm" (§ 222(40)) — a firearm for which the sale or distribution chain from a licensed retailer to the point of its first retail sale cannot be traced by law enforcement. Excludes firearms manufactured prior to 1968, muzzle-loading firearms designed for black powder, and replicas of antique firearms originally manufactured prior to 1898.
• "Projectile weapon" (§ 222(28)) — includes bows, crossbows, airbows, weapons designed to discharge arrows/bolts/spears, and airguns discharging projectiles larger than .177 caliber.

Concealed Carry While Transporting — 11 Del. C. §§ 1441 & 1442

Delaware requires a Concealed Carry of a Deadly Weapon (CCDW) permit issued by the Superior Court under 11 Del. C. § 1441 for carrying a concealed deadly weapon. Under 11 Del. C. § 1442, a person who carries a concealed deadly weapon "upon or about" their person without a valid permit commits a felony.

When transporting a firearm in a vehicle, whether it qualifies as "concealed" and "about the person" is a fact-specific inquiry. Delaware courts apply the Dubin factors, which are predicated on the driver being inside the vehicle with the deadly weapon. Key legal considerations include:

• A firearm concealed on or about the person inside a moving or occupied vehicle generally requires a CCDW permit.
• Delaware's statute uses "upon or about" the person — a narrower standard than federal law (18 U.S.C. § 924(c)(1)), which broadly covers carrying a firearm in a vehicle trunk even if not immediately accessible.
• Case law note — Trotter v. State: In appellate briefing before the Delaware Supreme Court, defense counsel argued that storing a partially-visible firearm within a locked, stationary vehicle while the person is outside of the vehicle is "entirely outside of the statute." The brief argued that the Dubin factors are predicated on a driver inside the vehicle with the deadly weapon, and that Delaware's narrower "upon or about" language compels a more limited construction than the U.S. Supreme Court's broad reading in Muscarello v. United States. Key arguments included:
  • Under federal law (§ 924(c)(1)), which requires only "carries" without the "upon or about" modifier, courts still require proof that the vehicle was moved from one location to another — "simply storing a firearm inside a stationary vehicle, is no different than storage within a house, and insufficient as a matter of law."
  • Delaware's original concealed-carry statute dates to 1881 and remains substantially the same. The legislature's choice not to adopt the broader language of the 1926 Uniform Firearms Act (which covered firearms "concealed in any vehicle or on or about his person") was a purposeful decision to narrow the scope of the offense.
  • The underlying legislative policy — "to remove the 'temptation and tendency' to use concealed deadly weapons under conditions of 'excitement'" — is consistent with leaving a firearm in a locked vehicle rather than carrying it on one's person.
• Enforcement example: In October 2025, Delaware State Police arrested 20-year-old Melleca Butler of Georgetown, Delaware, following a road rage incident. Troopers located an unloaded handgun concealed between the driver's seat and center console. A computer inquiry revealed she did not have a CCDW permit. She was charged with Carrying a Concealed Deadly Weapon (Felony), Possession of a Firearm During the Commission of a Felony, and Aggravated Menacing, and was committed to Baylor Women's Correctional Institution on $23,500 cash bond.

Practice note: This remains an evolving area of Delaware law. Whether a firearm in a vehicle is "concealed" and "about the person" depends on the specific facts. Permit holders should be aware that the safest course is to maintain a valid CCDW permit when transporting a firearm that could be accessible in a vehicle.

Minimum Age for Possession and Transport — 11 Del. C. § 1445

Section 1445 establishes the minimum age for possessing and transporting a handgun. A person meeting the age requirement may transport a handgun unloaded and secured in a vehicle without a carry permit, subject to all other applicable restrictions. Note that some jurisdictions impose additional restrictions limiting transport only to/from shooting ranges, gun shops, or property the person owns.

Law Enforcement Officers Safety Act — 11 Del. C. §§ 1441A & 1441B

Delaware has enacted state-level implementation of the federal Law Enforcement Officers Safety Act of 2004 (LEOSA), codified at 18 U.S.C. §§ 926B and 926C, with state provisions at §§ 1441A and 1441B.

Qualified Active Law-Enforcement Officers — § 1441A

Notwithstanding any other state or local law, a qualified law-enforcement officer carrying the required identification may carry a concealed firearm that has been shipped or transported in interstate or foreign commerce. A "qualified law-enforcement officer" must:

1. Be an employee of a governmental agency authorized to engage in law enforcement with statutory arrest powers.
2. Be authorized by the agency to carry a firearm.
3. Not be the subject of disciplinary action that could result in suspension or loss of police powers.
4. Meet agency standards for regular firearms qualification.
5. Not be under the influence of alcohol or drugs.
6. Not be prohibited by federal law from receiving a firearm.

Required identification: Photographic ID issued by the employing governmental agency identifying the person as a police or law-enforcement officer.

Firearm definition under LEOSA: Uses the 18 U.S.C. § 921 definition, includes non-prohibited ammunition, but excludes machineguns (26 U.S.C. § 5845), firearm silencers, and destructive devices.

Specific coverage: Amtrak Police, Federal Reserve law-enforcement officers, and executive branch federal law-enforcement officers are expressly qualified.

Qualified Retired Law-Enforcement Officers — § 1441B

Retired officers may also carry concealed firearms under the same general framework, with additional requirements:

1. Separated from service in good standing.
2. Served as LEO for an aggregate of 10 years or more, OR separated due to a service-connected disability after completing probation.
3. Within the most recent 12-month period, met firearms qualification standards at the individual's own expense, as determined by the former agency, the state of residence, or a certified firearms instructor.
4. Not been officially found unqualified for mental health reasons, and has not entered into an agreement acknowledging disqualification for mental health reasons.
5. Not under the influence of alcohol or drugs.
6. Not prohibited by federal law from receiving a firearm.

Required identification (two options):

• (Option 1) Photographic agency ID indicating the person was employed as a LEO and has been tested within the past year to meet active duty firearms qualification standards for the type of concealed firearm carried; OR
• (Option 2) Photographic agency ID identifying the person as a former LEO, plus a separate firearms qualification certification.

LEOSA Limitations in Delaware

Both §§ 1441A and 1441B preserve the following state and local restrictions:

• Private property: Private persons or entities may prohibit or restrict concealed firearms on their property.
• Government property: State or local government property, installations, buildings, bases, or parks may prohibit or restrict firearms possession.

Interstate Purchase and Transport of Rifles and Shotguns — 28 Del. C. §§ 801–803

Title 28, Chapter 8 addresses the interstate purchase and transportation of long guns from states contiguous to Delaware (Maryland, Pennsylvania, New Jersey):

• § 802: It is lawful for a person residing in Delaware (including a corporation or business maintaining a Delaware place of business) to purchase or otherwise obtain a rifle or shotgun in a contiguous state and to receive or transport that rifle or shotgun into Delaware, subject to:
  • All other applicable state and local laws; and
  • Section 102 of the Gun Control Act of 1968 (18 U.S.C. § 922).
• § 803: This chapter does not apply to federally licensed firearms manufacturers, importers, dealers, or collectors.

Note: "Contiguous state" means any state having a common border with Delaware — specifically Maryland, Pennsylvania, and New Jersey (§ 801(a)).

Possession of Firearm While Under the Influence — 11 Del. C. § 1460

It is illegal to possess a firearm or projectile weapon in a public place while under the influence of alcohol or drugs. The Superior Court has original and exclusive jurisdiction over violations of this section.

Definitions Specific to § 1460

• "Public place" means a place to which the public or a substantial group of persons has access, and includes highways, transportation facilities, schools, places of amusement, parks, playgrounds, restaurants, bars, taverns, and common areas of apartment buildings and hotels not constituting rooms designed for actual residence.
• "Possess" / "possession" means the person has the item under their dominion and authority, and the item is at the relevant time physically available and accessible to the person.
• "Not readily operable" means the firearm or projectile weapon is disassembled, broken down, or stored in a manner to prevent its immediate use.
• "Under the influence" is defined as either:
  • (a) BAC of .08 or more grams per 100mL blood (or equivalent breath test of .08+ grams per 210 liters of breath), including a 4-hour lookback provision: a person is guilty if their BAC is .08+ within 4 hours after being found in possession, and that concentration resulted from alcohol present when they possessed the firearm; or
  • (b) Being manifestly under the influence of alcohol or any illicit or recreational drug (as defined in § 4177(c) of Title 21), or any non-prescribed drug, to the degree the person may be in danger, endanger others or property, or annoy persons in the vicinity. A person is not "under the influence" if they only consumed the substance after the alleged violation and that post-violation consumption was the sole cause of the elevated concentration.

Affirmative Defenses

It is an affirmative defense that:

• The firearm or projectile weapon was not readily operable (disassembled, broken down, or stored to prevent immediate use); or
• The person was not in possession of ammunition for the weapon.

Chemical Testing

Law enforcement may conduct chemical testing with or without consent if probable cause exists to believe a violation occurred. A person's refusal to submit to chemical testing is admissible at trial.

Penalties

Legislative history: 78 Del. Laws, c. 136; amended by 79 Del. Laws, c. 396 and 84 Del. Laws, c. 525.

Report of Loss or Theft — 11 Del. C. § 1461

Any owner of a firearm or projectile weapon must report the loss or theft within 7 days after discovery of the loss or theft. This applies to firearms being transported that are lost or stolen in transit.

Firearms with Removed/Altered Serial Numbers — 11 Del. C. § 1459

No person shall knowingly transport, ship, possess, or receive any firearm or firearm frame or receiver with knowledge that the importer's or manufacturer's serial number has been removed, obliterated, or altered in a manner that has disguised or concealed the identity or origin of the firearm.

• Exception: Does not apply to firearms manufactured prior to 1973.
• Penalty: Class D felony.
• Legislative history: Originally enacted by 71 Del. Laws, c. 251; amended by 83 Del. Laws, c. 246 to add "firearm frame or receiver."

Unfinished Firearm Frames/Receivers — 11 Del. C. § 1459A

No person shall knowingly transport, ship, transfer, or sell an unfinished firearm frame or receiver unless all of the following apply:

1. The person is a federally-licensed gun dealer or manufacturer.
2. The manufacturer's name and an individual serial number are conspicuously placed on the item per 18 U.S.C. § 923(i).
3. Proper records are maintained per 18 U.S.C. § 923(g).

Additionally, no person shall knowingly possess an unfinished firearm frame or receiver that lacks a manufacturer's name and serial number conspicuously placed on it or on a major component of the firearm into which it will be housed (§ 1459A(b)).

• Exception: Subsection (b) does not apply to a federally-licensed gun manufacturer during the manufacturing process.
• Penalty: Class D felony.
• Enacted by: 83 Del. Laws, c. 246, § 2.

Discharging a Firearm Towards a Vehicle — 11 Del. C. § 1460A

It is unlawful to knowingly or intentionally discharge a firearm towards any of the following:

1. A dwelling (as defined in § 829)
2. A place of worship
3. A vehicle
4. A place of business (excluding shooting ranges — defined as a permanent physical structure with signage within which a commercial or legal enterprise is operated)
5. A school
6. An institution of higher education

• Penalty: Class E felony.
• Double jeopardy protection: A person may not be convicted of both a violation of this section and reckless endangering (first or second degree) for the same conduct.
• Enacted by: 85 Del. Laws, c. 154, § 1.

Discharge Near Public Roads — 7 Del. C. § 719

No person, except in lawful self-defense, shall discharge any firearm or projectile weapon while on or within 15 yards of a public road or right-of-way, unless it is a road or right-of-way within an area controlled by DNREC, the Department of Agriculture, or the U.S. Department of the Interior that is designated as open to hunting or trapping.

Additionally, no person shall:

• Shoot at any wild bird or wild animal while it is on a public road.
• Shoot across a public road or right-of-way at any wild bird or wild animal.

Penalty: Class C environmental violation.

Legislative history: 61 Del. Laws, c. 372; most recently amended by 85 Del. Laws, c. 151.

Hunting Safety Zones — 7 Del. C. § 723

No person (except the owner or occupant, or a person with their permission) shall discharge a firearm or airgun within 100 yards of an occupied dwelling, house, residence, or connected barn, stable, or building while hunting or trapping. This area constitutes a "safety zone."

• Exception for deer hunting: The safety zone for hunting deer by projectile weapon (excluding airguns) is 50 yards.
• No person (except owner/occupant or with permission) shall discharge a firearm or projectile weapon so that a shot, slug, bullet, arrow, bolt, spear, or other projectile lands upon any occupied dwelling or connected structure.

Penalty: Class C environmental violation.

Legislative history: 64 Del. Laws, c. 369; most recently amended by 85 Del. Laws, c. 151.

Hunting from Vehicles and Use of Lights — 7 Del. C. § 722

Possession in a motor vehicle or conveyance of any firearms, projectile weapons, or other implements with which wild birds or wild animals may be killed, exposed within immediate reach (loaded or unloaded), while using any artificial lights or light-amplifying devices, is prima facie evidence of the use of such implements for hunting.

• Disabled persons exception (§ 720): The Director of the Division of Fish and Wildlife (DNREC) may issue conditional permits for physically disabled persons to shoot from a stationary vehicle during established hunting seasons.

Penalty: Class B environmental misdemeanor.

Assault Weapons Transportation — 11 Del. C. §§ 1465–1467

General Prohibition — § 1466(a)

It is unlawful to:

1. Transport an assault weapon into Delaware.
2. Manufacture, sell, offer to sell, transfer, purchase, receive, or possess an assault weapon.

Penalty: Class D felony (§ 1466(d)).

Note: The section heading of § 1466 references "class E or F felony," but the operative penalty provision in subsection (d) specifies a class D felony.

Assault Weapon Definition — § 1465(6)

An "assault weapon" includes:

• A semiautomatic, centerfire rifle with the ability to accept a detachable magazine and at least one specified feature (folding/telescoping stock, pistol grip, thumbhole stock, grenade/flare launcher, flash suppressor, forward pistol grip).
• A semiautomatic, centerfire rifle with an overall length of less than 30 inches.
• A semiautomatic pistol that accepts a detachable magazine with certain features (magazine outside pistol grip, threaded barrel capable of accepting a flash suppressor/forward grip/silencer, barrel shroud, second hand grip). Exception: rimfire pistols used solely for competitive shooting events operated by state/nationally recognized organizations.
• A semiautomatic shotgun with a folding/telescoping stock and certain grip configurations (pistol grip, thumbhole stock, or other grip allowing additional fingers below the action).
• A semiautomatic shotgun accepting a detachable magazine.
• A revolving-cylinder shotgun.
• A semiautomatic pistol or centerfire rifle with a fixed magazine accepting more than 17 rounds.

Related Definitions — § 1465

• "Detachable magazine" (§ 1465(7)) — an ammunition feeding device that can be removed readily from a firearm without requiring disassembly of the action or use of a tool, including a bullet or cartridge.
• "Secure storage" (§ 1465(12)) — a firearm stored in a locked container or equipped with a tamper-resistant mechanical lock or other safety device properly engaged to render it inoperable by anyone other than the owner or authorized user.
• "Shooting range" (§ 1465(13)) — any land or structure used and operated in accordance with applicable laws for shooting targets for training, education, practice, recreation, or competition.
• "Flash suppressor" (§ 1465(9)) — a device that functions, or is intended to function, to perceptibly reduce or redirect muzzle flash from the shooter's field of vision.
• "Family" (§ 1465(8)) — as defined in § 901 of Title 10.

Exemptions from the Assault Weapon Ban — § 1466(b)

The prohibition does not apply to:

1. U.S. government personnel, armed forces, and National Guard acting within official scope.
2. Law-enforcement officers acting within official scope.
3. Assault weapons rendered permanently inoperative.
4. Licensed firearms dealers/manufacturers servicing law enforcement, selling to out-of-state dealers/purchasers, or handling warranty/repair returns.
5. Organizations required or authorized by federal law to maintain assault weapons.
6. Receipt by inheritance (if decedent lawfully possessed it and inheritor is not a prohibited person under § 1448).
7. Receipt by a personal representative of an estate for probate purposes.
8. Qualified retired law-enforcement officers (weapon was agency-issued or purchased for official use before retirement).
9. Armored car guards (as defined in § 1302 of Title 24) acting within scope of employment with a licensed armored car agency.
10. Ballistics testing laboratories (ISO 17025/NIJ-approved) and protective equipment R&D facilities.

Grandfathered Assault Weapons — § 1466(c)(3)

A person who lawfully possessed or completed a purchase of an assault weapon prior to June 30, 2022, may possess and transport the weapon only under these circumstances:

• At the person's residence, place of business, or other property they own, or on another's property with express permission.
• While on the premises of a shooting range.
• While attending any exhibition, display, or educational project about firearms sponsored by, conducted under the auspices of, or approved by a law-enforcement agency or a nationally or state-recognized entity that fosters firearms proficiency or education.
• While transporting the assault weapon between any of the above locations, or to a licensed firearms dealer for servicing or repair, if the person places the assault weapon in secure storage.

Transport to Testing Facilities — § 1466(c)(4)

A person may transport an assault weapon to or from the following if placed in secure storage:

• An ISO 17025 accredited, NIJ-approved ballistics testing laboratory.
• A facility providing R&D testing, analysis, or engineering for personal protective equipment or vehicle protection systems.

Family Transfers — § 1466(c)(5)

Ownership of a grandfathered assault weapon may be transferred to a member of the person's family (as defined in § 901 of Title 10), and the family member may possess and transport it under the same § 1466(c)(3) restrictions, provided:

• The transferor lawfully possessed the weapon; and
• The family member is otherwise lawfully permitted to possess it.

Licensed Dealer Exceptions — § 1466(c)(1)–(2)

A licensed firearms dealer who lawfully possessed an assault weapon on or before June 30, 2022, may continue to possess, sell (only to out-of-state dealers or purchasers through a dealer), and transfer it (only to out-of-state parties or for warranty/repair). Dealers may also take possession of grandfathered assault weapons for servicing or repair and transfer them to accomplish that purpose.

Disposal — § 1466(e)

A law-enforcement agency in possession of a person's assault weapon as a result of an arrest shall dispose of it under the process established for deadly weapons and ammunition under § 2311 following conviction, adjudication of delinquency, or the person's agreement to forfeit.

Voluntary Certificate of Possession — § 1467

A person exempt under § 1466(c)(3) could apply no later than June 30, 2023 to the Secretary of the Department of Safety and Homeland Security for a certificate of possession.

• Evidentiary effect: A certificate of possession is conclusive evidence that the person lawfully possessed the assault weapon before June 30, 2022, and is entitled to continue possession and transport under § 1466(c)(3). Without a certificate, it is an affirmative defense that the person lawfully possessed the weapon before the cutoff.
• Certificate contents: Description of the assault weapon (make, model, serial number — or identifying marks for weapons manufactured before 1968), plus the owner's full name, address, date of birth, and thumbprint.
• Privacy protection: The Department will not retain copies of the certificate or other identifying information.
• Inherited/transferred weapons: A person who inherits or receives a grandfathered weapon from a family member may apply for a certificate within 60 days of taking possession.

Legislative history: 83 Del. Laws, c. 328; amended by 84 Del. Laws, c. 42.

Large-Capacity Magazines — 11 Del. C. §§ 1468–1469

While not exclusively a transportation provision, the large-capacity magazine ban has significant implications for transporting magazines into or within Delaware.

Definition — § 1468

• "Large-capacity magazine" means any ammunition feeding device capable of accepting, or that can readily be converted to hold, more than 17 rounds of ammunition.
• Excludes attached tubular devices designed for and only capable of operating with .22 caliber rimfire ammunition.
• A removable floor plate alone is not sufficient evidence that a magazine can be readily converted to hold more than 17 rounds.

Prohibition — § 1469(a)

It is unlawful to manufacture, sell, offer for sale, purchase, receive, transfer, or possess a large-capacity magazine.

Penalties — § 1469(b)

Large-capacity magazines are subject to forfeiture. Superior Court has exclusive jurisdiction over misdemeanor and felony violations.

Exemptions — § 1469(c)

The ban does not apply to:

1. U.S. government personnel acting within official scope.
2. Armed forces/National Guard acting within official scope.
3. Law-enforcement officers.
4. Qualified retired law-enforcement officers.
5. Individuals holding a valid CCDW permit issued by the Superior Court under § 1441.
6. Licensed firearms dealers selling to other dealers or exempt individuals.
7. Magazines rendered permanently inoperable or permanently modified to accept 17 rounds or less.

Practical note for CCDW holders: Delaware CCDW permit holders are exempt from the large-capacity magazine ban, which means they may lawfully transport magazines holding more than 17 rounds.

Legislative history: 83 Del. Laws, c. 331.

Bombs and Explosive Devices in Transport — 11 Del. C. § 1338

While not a firearm provision, § 1338 is relevant because it criminalizes the transport of bombs, incendiary devices, Molotov cocktails, or explosive devices with intent to cause bodily harm or property damage.

• Penalty: Class D felony.
• Persons over 16 may be prosecuted as adults (§§ 1010, 1011 of Title 10).
• Possession of such a device is prima facie evidence of intent.

Federal Protections for Interstate Transport

Delaware residents and travelers should also be aware of the federal Firearms Owners' Protection Act (18 U.S.C. § 926A), which protects the interstate transport of firearms through states where possession might otherwise be unlawful, provided the firearm is unloaded and not readily accessible, and the person is traveling between locations where they may lawfully possess the weapon. However, this federal safe-passage provision does not override Delaware's assault weapon ban or large-capacity magazine restrictions for persons who stop or stay in Delaware beyond what is necessary for the journey.

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Sources: Title 11, Del. C. §§ 222, 1441, 1441A, 1441B, 1442, 1445, 1459, 1459A, 1460, 1460A, 1461, 1465–1469; Title 7, Del. C. §§ 719, 720, 722, 723; Title 28, Del. C. §§ 801–803; Trotter v. State, Delaware Supreme Court appellate briefing; Delaware State Police press release (Oct. 11, 2025); HandgunLaw.us. Statutes current as of April 2026.