Weapon Restrictions | Delaware Concealed Carry

Delaware Weapon Restrictions

Delaware imposes several categories of weapon restrictions that apply to all firearms owners, including concealed carry permit holders. These restrictions cover prohibited weapon types, magazine capacity limits, prohibited persons, and special firearm categories.

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Assault Weapons Ban

Delaware enacted a comprehensive assault weapons ban effective June 30, 2022, per 83 Del. Laws, c. 328 (codified at §§ 1464–1467, Title 11).

What Qualifies as an "Assault Weapon"

Per § 1465, Title 11, an "assault weapon" means any of the following:

• An assault long gun — a list of specifically named firearms and their copies, including but not limited to:

  • AK-47 in all forms
  • Colt AR-15, CAR-15, and all imitations (except Colt AR-15 Sporter H-BAR rifle)
  • Bushmaster semi-auto rifle
  • UZI 9mm carbine or rifle
  • FN LAR and FN FAL assault rifle
  • Barrett light .50 cal. semi-auto
  • And dozens more specifically enumerated models

• An assault pistol — a list of specifically named pistols and their copies, including but not limited to:

  • Intratec TEC-9/DC-9 in any centerfire variation
  • Ingram MAC 10/11 and variations
  • UZI pistol
  • Heckler and Koch MP5K, MP7, SP-89, or VP70 pistol
  • And others specifically enumerated

• A "copycat weapon" — defined by features-based tests per § 1465(6), Title 11:

  • A semiautomatic, centerfire rifle that can accept a detachable magazine and has at least 1 of the following: folding or telescoping stock; any grip (including pistol grip, thumbhole stock, or other stock) allowing a finger other than the trigger finger to be directly below the action; forward pistol grip; flash suppressor; or grenade/flare launcher
  • A semiautomatic, centerfire rifle with an overall length of less than 30 inches
  • A semiautomatic pistol that can accept a detachable magazine and has at least 1 of the following: ability to accept a detachable magazine outside the pistol grip (with a limited exception for rimfire pistols used in competitive shooting events operated by state or nationally recognized organizations); threaded barrel capable of accepting a flash suppressor, forward pistol grip, or silencer; barrel shroud (except a slide enclosing the barrel); or a second hand grip
  • A semiautomatic shotgun with both a folding/telescoping stock and a grip allowing a finger other than the trigger finger to be directly below the action
  • A semiautomatic shotgun with the ability to accept a detachable magazine
  • A shotgun with a revolving cylinder
  • A semiautomatic pistol with a fixed magazine that can accept more than 17 rounds
  • A semiautomatic, centerfire rifle with a fixed magazine that can accept more than 17 rounds

Prohibited Conduct

Per § 1466(a), Title 11, it is unlawful to:

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

Penalty: Violation is a class D felony, per § 1466(d), Title 11.

Grandfathering Provisions

Per § 1466(c)(3), Title 11, a person who lawfully possessed or completed a purchase of an assault weapon prior to June 30, 2022, may continue to possess and transport it only under these circumstances:

• At the person's residence, place of business, or other property owned by that person (or on another's property with express permission)
• While on the premises of a shooting range
• While attending a firearms exhibition, display, or educational project sponsored by a law-enforcement agency or nationally/state-recognized firearms entity
• While transporting between any of the above locations or to a licensed dealer for service/repair, if the assault weapon is placed in secure storage (defined as a locked container or equipped with a tamper-resistant mechanical lock rendering it inoperable by unauthorized persons, per § 1465(12))

Ownership may be transferred to a family member (as defined in § 901 of Title 10) if the transferor lawfully possessed it and the family member is otherwise lawfully permitted to possess it, per § 1466(c)(5).

Inheritance of a lawfully possessed assault weapon is also permitted if the inheritor is not a prohibited person under § 1448, per § 1466(b)(5).

Voluntary Certificate of Possession

Per § 1467, Title 11, persons who lawfully possessed an assault weapon before June 30, 2022, could apply for a voluntary certificate of possession no later than June 30, 2023. This certificate serves as conclusive evidence of lawful pre-ban possession. Persons who inherit or receive a weapon from a family member may apply within 60 days of taking possession.

Exemptions from the Assault Weapons Ban

Per § 1466(b), Title 11, the ban does not apply to:

• U.S. government personnel, armed forces members, and National Guard members acting within official duties
• Law-enforcement officers acting within official duties
• Assault weapons rendered permanently inoperative
• Licensed firearms dealers/manufacturers servicing weapons for law enforcement, selling to out-of-state dealers, or returning warranty items to out-of-state customers
• Qualified retired law-enforcement officers (for weapons sold/transferred by their agency on retirement or purchased for official use before retirement)
• Armored car guards acting within the scope of employment

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Large-Capacity Magazine Restrictions

Per §§ 1468–1469, Title 11 (enacted by 83 Del. Laws, c. 331):

Definition

A "large-capacity magazine" is any ammunition feeding device capable of accepting, or that can readily be converted to hold, more than 17 rounds of ammunition, per § 1468(2).

Exceptions to the definition:

• An attached tubular device designed to accept, and only capable of operating with, .22 caliber rimfire ammunition is not a large-capacity magazine
• The mere presence of a removable floor plate in a magazine not capable of accepting more than 17 rounds is not sufficient evidence that it can be readily converted

Prohibited Conduct

Per § 1469(a), it is unlawful to manufacture, sell, offer for sale, purchase, receive, transfer, or possess a large-capacity magazine.

Penalties (Graduated)

Per § 1469(b):

• First offense (possession only): Civil penalty of $100
• Second offense (possession only): Class B misdemeanor
• Third or subsequent offense or any non-possession violation (manufacture, sale, transfer, etc.): Class E felony
• The magazine is subject to forfeiture

Exemptions for Concealed Carry Permit Holders

Important for permit holders: Per § 1469(c)(5), the large-capacity magazine prohibition does not apply to an individual who holds a valid concealed carry permit issued by the Superior Court under § 1441, Title 11.

Other Exemptions

Per § 1469(c), the prohibition also does not apply to:

• U.S. government personnel acting within official duties
• Armed forces and National Guard members acting within official duties
• Law-enforcement officers
• Qualified retired law-enforcement officers
• Licensed firearms dealers selling to other dealers or to exempt individuals
• Magazines rendered permanently inoperable or permanently modified to accept 17 rounds or less

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Covert or Undetectable Firearms

Per § 1462, Title 11 (enacted by 83 Del. Laws, c. 246):

• Possession of a covert or undetectable firearm is a class E felony
• Manufacturing, causing to be manufactured, transporting, or selling a covert or undetectable firearm is a class D felony

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Untraceable Firearms ("Ghost Guns")

Per § 1463, Title 11 (enacted by 83 Del. Laws, c. 246):

• Possession of an untraceable firearm is a class E felony
• Manufacturing, assembling, selling, or transferring an untraceable firearm is a class D felony
• Using a 3D printer to manufacture a firearm, firearm receiver, or major component (when not licensed as a manufacturer) is a class D felony
• Distributing 3D-printing instructions (CAD files or other digital code) for manufacturing firearms to unlicensed persons is a class D felony

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Prohibited Persons — Who Cannot Possess Weapons

Per § 1448(a), Title 11, the following persons are prohibited from possessing, purchasing, owning, or controlling a deadly weapon or ammunition:

1. Persons convicted of a felony — under Delaware law, federal law, or the laws of any other state (referenced in § 1448(a)(1)–(4), though the full text of subsections (1)–(6) is not completely reproduced in the available sources)

2. Persons under age — referenced in § 1448(a)(5) (juveniles age 15–17 face mandatory minimum sentences per § 1448(f))

3. Persons convicted of a misdemeanor crime of domestic violence — per § 1448(a)(7). This is defined as any misdemeanor offense that:

   • Was committed by a family member (as defined in § 901 of Title 10), former spouse, person who cohabited with the victim at the time of or within 3 years prior to the offense, person with a child in common, or person with a substantive dating relationship (as defined in § 1041 of Title 10) at the time of or within 3 years prior to the offense
   • Is an offense under §§ 601, 602, 603, 611, 614, 621, 625, 628A, 763, 765, 766, 767, 781, 785, or 791 of Title 11, or any similar offense in another jurisdiction

4. Fugitives from justice — per § 1448(a)(8), any person who, knowing they are a defendant in a felony case, fails to appear for a scheduled court proceeding. It is no defense that the person did not receive notice.

5. Persons simultaneously possessing controlled substances — per § 1448(a)(9), if the weapon is a semi-automatic or automatic firearm or a handgun, and the person simultaneously possesses a controlled substance in violation of § 4763 of Title 16

6. Persons subject to a lethal violence protective order — per § 1448(a)(11), issued under § 7704 of Title 10, for as long as the order remains in effect

7. Persons with outstanding arrest warrants or active charges for felonies or domestic violence misdemeanors — per § 1448(a)(12), such persons are prohibited from purchasing a firearm or projectile weapon

Penalties for Prohibited Persons

Per § 1448(b)–(c), Title 11:

• Possession of a deadly weapon (non-firearm) by a prohibited person: class F felony
• Possession of a firearm or ammunition by a prohibited person under subsections (a)(1)–(8): class D felony
• If eligible for enhanced sentencing under § 1448(e): class C felony

Enhanced Mandatory Minimum Sentences

Per § 1448(e), Title 11, prohibited persons who possess firearms face mandatory minimum sentences that cannot be suspended and are not eligible for good time, parole, or probation:

• 3 years at Level V if previously convicted of a violent felony
• 5 years at Level V if within 10 years of a violent felony conviction or release from incarceration
• 10 years at Level V if convicted on 2 or more separate occasions of a violent felony

If a prohibited person (due to a violent felony conviction) negligently causes serious physical injury or death while possessing a firearm, it is a class B felony with mandatory minimums of 4, 6, or 10 years depending on criminal history, per § 1448(e)(2).

Juvenile Prohibited Persons

Per § 1448(f), a prohibited person aged 15 to 17 faces:

• First offense: Minimum 6 months Level V incarceration
• Second and subsequent offenses: Minimum 1 year Level V incarceration
• These sentences are not subject to suspension

Restoration of Rights

Per § 1448(d), a person prohibited solely due to a non-felony conviction is no longer prohibited after 5 years have elapsed from the date of conviction.

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Handgun Qualified Purchaser Permit

Per § 1448D, Title 11 (see 84 Del. Laws, c. 259, § 5 for application provisions):

A handgun qualified purchaser permit is required to purchase a handgun (defined as a pistol, revolver, or other firearm designed to be readily capable of being fired when held in one hand). The permit is issued by the State Bureau of Identification (SBI) within the Division of State Police.

Key Requirements

• Applicant must be age 21 or older, per § 1448D(f)(1)
• Applicant must not be a prohibited person under § 1448
• Applicant must not pose a danger of causing physical injury to self or others (if supported by probable cause), per § 1448D(f)(3)
• Application requires a sworn, written affirmation that the person is not prohibited from possessing a firearm

Exemption for Concealed Carry Permit Holders

Per § 1448D(c)(2), a person who holds a valid concealed carry license issued by the Superior Court under § 1441 is not required to obtain a handgun qualified purchaser permit before purchasing a handgun.

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Firearm Relinquishment Orders (Mental Health/Dangerousness)

Per § 1448C, Title 11 (81 Del. Laws, c. 232; 82 Del. Laws, c. 122; 84 Del. Laws, c. 525):

• The Justice of the Peace Court may order relinquishment of firearms if it finds, by a preponderance of the evidence, that an individual is dangerous to others or self
• The Superior Court may order relinquishment if it finds, by clear and convincing evidence, that an individual is dangerous to others or self

Court orders may:

• Require relinquishment to law enforcement
• Allow voluntary relinquishment to a designee (who must not reside with the individual and must not be a prohibited person)
• Prohibit the individual from residing with someone who possesses firearms
• Direct law enforcement to search for and seize firearms

Relief: An individual subject to a Superior Court relinquishment order may petition the Relief from Disabilities Board under § 1448A(l) for return of firearms. Appeals go to the Supreme Court.

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Reporting Lost or Stolen Firearms

Per the reporting statute referenced in the sources (codified under Title 11, 79 Del. Laws, c. 41; 84 Del. Laws, c. 525, § 20):

Loss or theft of a firearm or projectile weapon must be reported to:

• The law-enforcement agency having jurisdiction over the location of the loss or theft, or
• Any State Police troop

Penalties for Failure to Report

• First offense: Violation with civil penalty of $75 to $100
• Second offense: Violation with civil penalty of $100 to $250
• Third or subsequent offense: Class G felony

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Antique Firearm Exception

Per § 1448(a)(10), Title 11, an "antique firearm" is defined as:

• Any firearm not designed for rimfire or conventional centerfire ignition with fixed ammunition, manufactured in or before 1898
• Any firearm using fixed ammunition manufactured in or before 1898, for which ammunition is no longer manufactured in the U.S. and which is not readily restored to firing condition

The burden of proof that a firearm qualifies as an antique rests on the person claiming the exemption.

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Federal Preemption Considerations

• FOPA (Firearms Owners' Protection Act): Federal law (18 U.S.C. § 926A) provides safe passage protections for persons transporting firearms through states where they may not otherwise be legal, provided the firearms are unloaded and not readily accessible. However, Delaware's assault weapons ban and magazine restrictions may create complications — travelers should ensure strict compliance with FOPA requirements.
• LEOSA (Law Enforcement Officers Safety Act): Qualified law-enforcement officers and qualified retired law-enforcement officers receive specific exemptions throughout Delaware's weapons statutes, consistent with federal LEOSA protections.

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Key Statutes