NRA-ILA
Firearms
Laws For
DelawareAs of August, 2000
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A synopsis of state laws on purchase,
possession and carrying of firearms.
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CAUTION: State firearms laws are subject to frequent change, and furthermore, are subject to court interpretation. Therefore this pamphlet is not to be considered as legal advice or a restatement of the law. To determine the applicability of these laws to specific situations which you may encounter, you must consult a local attorney licensed to practice law in your State. In addition to state laws, the purchase, sale, possession, use and transportation of firearms is also regulated by federal and, furthermore, by local laws. This pamphlet does not include or address federal and local laws. YOU MUST ABIDE WITH ALL LAWS: STATE, FEDERAL AND LOCAL.
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This may be reproduced. It may not be reproduced for commercial purposes.
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QUICK REFERENCE CHART |
Rifles and Shotguns
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Handguns
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Permit to Purchase |
No
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No
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Registration of Firearms |
No
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No
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Licensing of Owners |
No
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No
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Permit to Carry |
No
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Yes*
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*A permit is required to carry concealed weapons. |
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STATE CONSTITUTIONAL PROVISION |
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"A person has the right to keep and bear arms for the defense of self, family, home and state, and for hunting and recreational use." Article 1, sec. 20. |
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PURCHASE |
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No permit is required to purchase a rifle, shotgun, or handgun. Purchasers of rifles and shotguns must be 18 years old. Handgun purchasers must be 21 years old. A criminal history record information check is required prior to purchasing from a gun dealer any firearm, except for a shotgun, an antique or a replica of an antique firearm. Persons exempt from the instant check are holders of a valid concealed firearm license and law enforcement officers. The following persons are prohibited from purchasing any firearm: See POSSESSION. Any dealer who transfers firearms between private parties may charge a reasonable fee not to exceed $20.00 to cover the cost of the check. It is unlawful to transfer to a person under 18 any firearm or ammunition without permission from a parent or guardian. |
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POSSESSION |
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There is no state-licensing requirement for the possession of a rifle, shotgun, or handgun. The following persons are prohibited from possessing any firearm:
- Convicted felons.
- Those convicted of a crime of violence involving bodily injury to another, including misdemeanors, but the prohibition shall not apply after five years from the date of conviction.
- Those convicted of an offense involving a narcotic, dangerous drug, or controlled substance.
- Those committed to a mental institution, sanitarium or hospital for mental disorder and do not possess a certificate of rehabilitation.
- Children under 16 years of age, unless under the direct supervision of an adult.
- A person adjudicated as delinquent for conduct which, if committed by an adult,would constitute a felony, unless and until that person has reached age 25.
It is unlawful for a parent to permit his child under 16 years of age to possess a firearm1 or air or BB gun except under the direct supervision of an adult. |
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CARRYING |
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It is unlawful for any person to carry any loaded or unloaded firearm concealed upon or about his person without a license to carry. Police officers are exempt from this provision. Handguns may be carried in open view, or they may be carried in an inaccessible area like the trunk of an automobile. Rifles and shotguns must be unloaded while being carried in or on any vehicle, piece of farm machinery, motorboat while under power, or sailboat while under power. Application for a license to carry must be filed with the Prothonotary of the Superior Court in the county of residence at least 15 days before the then next term of court. The initial license shall be valid for two years. The applicant must supply a certificate of 5 "respectable" citizens of the election district in which the applicant resides. The certificate must clearly state that the applicant is a person of "full age (21), sobriety and good moral character, that he bears a good reputation for peace and good order in the community in which he resides, and that the carrying of a concealed deadly weapon by the applicant is necessary for the protection of the applicant or his property or both." The certificate must be signed with the proper signatures and in the proper handwriting of each respectable citizen. The court in its discretion may approve the application. The licensing provisions do not apply to the carrying of the usual weapons by the police or other peace officers. The Prothonotary of the county shall publish in a newspaper of general circulation at least 10 days before the next term a list of those applicants. The applicant must pay a $34.50 application fee plus all taxes for the license as well as the cost of advertising the notice. Renewals are $34.50. A current holder of a license to carry, may, on or before the expiration date, without further application, or additional requirements, renew his license for a further period of 3 years by paying to the Prothonotary the license tax and fee, and upon filing with the Prothonotary an affidavit setting forth that the carrying of a concealed deadly weapon is necessary for the protection of himself or his property, or both, and that he possesses all the requirements for the issuance of a license. He may make like license renewals every 3 years thereafter, however, the Superior Court upon good cause presented to it may inquire into the renewal request and deny it for good cause shown. |
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ANTIQUES AND REPLICAS |
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Any firearm manufactured before 1899 or any replica of such firearm that does not fire fixed ammunition or uses fixed ammunition no longer manufactured in the U.S. and which is no longer readily available in the ordinary channels of commerce is exempt from the instant check for purchasers. However, it is a firearm for all other purposes. |
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NATIONAL FIREARMS ACT FIREARMS |
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Persons may possess machine guns for scientific or experimental research and development purposes provided such machine guns have been registered under the provisions of the National Firearms Act. The provisions on machine guns do not apply to members of the military forces or to members of a police force in Delaware duly authorized to carry a machine gun. |
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MISCELLANEOUS |
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Anyone possessing a weapon during the com-mission of a felony upon conviction will not be subject to suspension of sentence and will not be eligible for probation or parole during the period of the sentence imposed. This also applies to lesser offenses of a like nature. Everyone charged under this provision over the age of 16 will be tried as an adult. Municipal governments shall enact no law restricting or licensing ownership, transfer, possession, or transportation of firearms or ammunition. It is unlawful to shoot across a road or within 15 yards of a road, or within 100 yards of an occupied building or barn or "other building used in connection therewith." It is unlawful to recklessly or negligently leave a loaded firearm within the reach or easy access of a person under 18 and where such person obtains the firearm and uses it to inflict serious physical injury or death upon himself or any other person. However, it is an affirmative defense that: (1) the firearm was stored in a locked box or container or in a location which a reasonable person would have believed to be secure from access to a minor; (2) the minor obtains the firearm as the result of an unlawful entry by any person; or (3) the serious physical injuries or death to the minor or any other person results from a target or sport shooting accident or hunting accident. |
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SOURCES: |
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Del. Code, Ann. 7-709, 7-726, 7-730, 11-222,11-1441 et seq., 22-838, 24-901, et seq. |
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NOTES: |
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1 Firearm includes a weapon discharging a projectile by gas and/or mechanical means, whether or not operable, but excludes a BB gun. |
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