Delaware Gun Laws
Subject/LawLong gunsHandgunsRelevant statutesNotes
State permit required to purchase?NoNo
Firearm registration?NoNo
Assault weapon law?NoNo
Magazine capacity restriction?NoNo
Owner license required?NoNo
Permit required for concealed carry?N/AYes11 Del.C. § 1441Delaware is officially a “may issue” state for concealed carry, but mostly shall-issue in practice. Permits are generally issued to all applicants not barred from owning a firearm.[48]
Permit required for open carry?NoNoOpen carry without permit is generally lawful. A 2014 Delaware Supreme Court ruling recognized that open carry was a long standing fundamental right, and could only be prohibited by local ordinances in effect prior to July 4, 1985. The city of Dover formerly required a permit from the police chief for a state concealed permit to open carry, but this was repealed in October 2015 in accordance with the ruling.
State preemption of local restrictions?Yes*Yes*22 Del.C § 111Municipalities may regulate only the discharge of firearms and the possession of firearms within police stations and municipal buildings, unless the ordinance was in effect prior to July 4, 1985.
NFA weapons restricted?YesYesSBRs and AOWs are legal. The city of Wilmington prohibits possession of SBRs within city limits. Machine guns, suppressors, Destructive Devices and SBS are prohibited for civilians.[49]
Peaceable Journey laws?NoNoFederal rules observed.
Background checks required for private sales?YesYes147th General Assembly: Chapter 20Private party transfers of firearms to persons other than family members must be conducted though a licensed dealer, who is required by federal law to conduct a background check and keep a record of the sale. A transfer to a person who possesses a valid License to Carry a Concealed Deadly Weapon is exempt from this requirement.
Red flag law?YesYesHouse Bill 302 (2018)If a mental health professional deems that a person is a danger to themselves or to others, the police may get a court order to temporarily seize that person’s firearms.

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