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Delaware Firearm Laws - Complete Guide

Comprehensive analysis of Delaware gun laws, permit requirements, carry regulations, and recent legislative updates for responsible gun owners.

DELAWare

Delaware Gun Laws at a Glance

Delaware is not a constitutional carry state. Concealed carry requires a Delaware Concealed Deadly Weapon License (CDWL), issued on a may-issue basis by the Superior Court, though in practice most qualified applicants are approved. Delaware has no open carry permit requirement; open carry is legal for adults who may lawfully possess firearms, but local ordinances and sensitive place bans apply. The state has universal background checks for all sales, a permit-to-purchase handgun law effective July 1, 2025, a large-capacity magazine ban (over 17 rounds), and an assault weapon ban. State law includes a “red flag” process, child access prevention provisions, and significant restrictions in schools and government facilities.

  • Permit required for concealed carry (CDWL; may-issue process)
  • Open carry legal without permit, but restricted in sensitive locations
  • Universal background checks for all firearm transfers
  • Red Flag Law (ERPOs): Prevents gun ownership and new purchases by dangerous individuals.
  • Assault weapon and large-capacity magazine bans
  • Permit-to-purchase handguns: Passed State Gov in 2024, expected to be in force late 2025.
DELAWare

Areas of Restriction

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Federal Prohibited Locations

Schools, Federal buildings

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State-Specific Restrictions

State parks and forests, childcare facilities, posted government buildings

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Private Property Rights

Property owners may prohibit firearms verbally or with posted signs

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Intoxication Prohibitions

No carry while under the influence of alcohol or drugs

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Concealed Carry

Delaware Concealed Deadly Weapon License (CDWL) — Eligibility Requirements
  • Age: 18+
  • Residency: Delaware resident or qualifying nonresident
  • Training: Completion of an approved firearms training course within the past 5 years
  • Character References: Five references from residents of applicant’s county
  • Public Notice: Publication of intent to apply in a local newspaper at least 10 days prior to filing application

 

Permitless Carry Limitations

Delaware does not allow permitless concealed carry for the general public

Advantages of Licensed Carry

  • Interstate Recognition: Valid in numerous other states (check current reciprocity list)
  • Lawful Concealed Carry: Required for carrying concealed deadly weapons in Delaware
  • Proof of Training: Demonstrates firearms competence
  • Exemptions: Certain location-based restrictions may have permit exceptions

 

Application Requirements

  • Age: 18+
  • Background Check: State and federal checks with fingerprints
  • Training Course: State-approved course including live fire, safety, and legal instruction
  • Proficiency Demonstration: As required by training provider
  • Fee: Varies by county; typically around $65–$85 plus training and fingerprint fees

 

Disqualifying Factors

  • Felony convictions or violent misdemeanors
  • Drug/alcohol abuse convictions
  • Domestic violence convictions or restraining orders
  • Mental health disqualifications
  • False statements on application

This state has a Red Flag law, which allows authorities to restrict a resident’s ability to own or purchase a gun. These are enforced through Extreme Risk Protection Orders (ERPOs). 

Emergency orders are one-sided and only last until a court hearing, when the “red flag” person can present their case, and the judge decides if a final order is necessary. 

ERPOs are registered nationally in the NICS, and prevent any new purchases that require a background check.

  • Effective Date: 2018
  • Petitioners: Law enforcement; family/household
  • Orders: Emergency up to 15 days; final up to 12 months (renewable)
  • Firearm Surrender: Required per court order
  • Purchase Denial: Orders entered in NICS

Open Carry

Handgun Open Carry

Permitted without a license for adults legally allowed to possess firearms. Restrictions apply in sensitive places and in municipalities with local ordinances.

Carry Methods

  • Visible Holster: Strongly recommended
  • Awareness of Local Laws: Wilmington and Dover have local restrictions
  • Sensitive Places: No open carry in schools, government buildings, state parks, etc.
  • Law Enforcement Interactions: Be prepared to present ID and comply with instructions

Long Gun Open Carry

General Provisions

  • Generally lawful outside prohibited locations
  • Must comply with hunting and wildlife regulations
  • Transport rules require unloaded condition in vehicles
  • Sensitive place restrictions apply

Federal Requirements Applied in Delawere

Background Check Process

  • Licensed Dealer Sales: State Police conduct background checks via NICS
  • Private Sales: All transfers must go through a licensed dealer for a background check
  • Out-of-State Purchases: Must comply with federal law and Delaware requirements
  • Prohibited Persons: State and federal categories enforced

 

Age Requirements

  • Handguns: 21+ for purchase from dealers or private sellers
  • Long Guns: 18+ for purchase
  • Ammunition: 21+ for handgun ammo; 18+ for rifle/shotgun ammo

Delaware-Specific Purchase Laws

Waiting Periods

  • State Waiting Period: Transfers requiring an authorization number may not be completed until the 11th calendar day after issuance of the number (certain exemptions)
  • Stolen Firearms Reporting: Mandatory and expedited reporting timelines
  • Dealer Practices: Enhanced inventory/security and recordkeeping requirements

 

Purchase Limitations

  • Purchase Limits: Maximum of 3 handgun purchases in a 30‑day period (with limited exceptions)
  • Registration: No general firearm registration; assault weapons and certain large capacity magazines subject to declaration/registration schemes
  • Permit to Purchase: Required (pistol/revolver eligibility certificate or permit; long gun eligibility certificate)

Prohibited Locations

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Absolutely Prohibited Locations

  • K–12 Schools: On property or within school safety zones
  • Courthouses: State and federal
  • Police Stations/Detention Facilities: Prohibited
  • Polling Places: During election activity
  • State Parks/Forests/Wildlife Areas: Unless authorized for hunting or by permit

 

Government Buildings

  • Legislative Hall: Firearms prohibited
  • Municipal Buildings: Restrictions vary; many prohibit firearms
  • State Agency Buildings: Prohibited by regulation
  • Court Facilities: Strictly prohibited

Business Prohibition Authority

  • May post signs banning firearms
  • Verbal notice enforceable; refusal may lead to trespass
  • Event organizers may prohibit weapons
  • Landlords/employers may impose restrictions consistent with law

General Storage Requirements

Safe storage required

when minors are likely to access firearms.

Child Access Prevention

  • Secure in a locked container or with a locking device when not in use
  • Applies if a minor is likely to gain access without parental permission
  • Criminal penalties for negligent storage leading to access
  • Education on safe storage required in certain training programs

Vehicle Storage

General Provisions

  • Unattended firearms must be secured in a locked container or trunk
  • Long guns in vehicles must be unloaded unless actively hunting where permitted
  • Avoid leaving firearms visible
  • Follow state park/forest transport rules

Transportation Rules

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Licensed Individuals

  • Concealed carry in vehicle requires CDWL
  • Must comply with sensitive place laws when parking/entering
  • Follow safe storage when unattended
  • Long guns must be unloaded

 

Unlicensed Individuals

  • Handguns must be visible if carried in vehicle without permit
  • Unloaded transport recommended to avoid misunderstandings
  • Long guns must be unloaded
  • Transport directly to/from lawful activity

Federal Safe Passage (FOPA)

  • Lawful origin and destination required
  • Unloaded and secured
  • Ammunition stored separately
  • Locked container or trunk recommended

Self-Defense Laws

Castle Doctrine

Home Protection

  • No duty to retreat in own dwelling
  • Deadly force justified against unlawful entry with threat of force
  • Must have reasonable belief of imminent danger
  • Protection extends to curtilage in some cases

 

Vehicle and Workplace

  • No statutory vehicle/workplace extension; general self-defense law applies
  • Duty to retreat may apply outside the home
  • Reasonable belief and proportionality required
  • No immunity from civil suit guaranteed

Duty to Retreat (Public Places)

Public Places

  • Duty to retreat if safe to do so before using deadly force
  • Exceptions in own dwelling
  • Threat must be imminent and unlawful
  • Self-defense must be proportionate

 

Legal Protections

  • Justification defenses codified
  • Use of force evaluated case by case
  • No broad stand-your-ground statute
  • Immunity provisions limited

Knife and Blade Laws

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Maximum Legal Blade Length

  • No general maximum length, but restrictions on certain knife types
  • No statewide preemption; local laws may vary

 

Categories of Knives

Delaware regulates possession of certain knives classified as deadly weapons.

 

Prohibited and Federally Regulated Knives

  • Switchblades: Prohibited to possess, sell, or carry
  • Ballistic Knives: Prohibited
  • Federal Interstate Ban: Applies to switchblades and ballistic knives

 

State-Specific Legal Knives

  • Gravity Knives: Treated as deadly weapons; unlawful to conceal
  • Butterfly/Balisong Knives: Treated as deadly weapons; unlawful to conceal
  • Assisted-Opening Knives: Legal if not classified as switchblades
  • Concealed/Disguised Knives: Generally prohibited

 

Generally Legal Knives

  • Pocket/Folding Knives: Legal unless classified as deadly weapon by length/design
  • Fixed/Utility Knives: Legal to own; carry rules depend on concealment and location

Other Considerations

Carry Restrictions

  • Concealing deadly weapon knives prohibited without CDWL
  • Open carry legal unless otherwise prohibited
  • Schools and government buildings prohibit all knives defined as deadly weapons

 

Local Ordinance Preemption

  • No state knife preemption; check municipal laws

 

Significant Differences from Gun Laws

  • Knives more broadly restricted by concealment laws
  • No permit-to-purchase or background check for knives
  • Age restrictions minimal; general weapon laws apply

Recent Updates

New Laws