2026 Delaware Gun Law Changes
A plain-language summary of the major Delaware firearm-law changes and court decisions of 2026, including the under-21 firearm ruling, new youth hunting and target-practice rules, ghost-gun compliance changes, out-of-state protection orders, the Firearm Responsibilities Notice, and the new state firearm-dealer licensing system.
Updated September 22, 2026
Court update: Birney decided Sept. 8, 2026
Scope: Major 2026 firearm-law developments
Several important Delaware firearm-law changes took effect in 2026
Delaware enacted multiple firearm-related laws in 2026, and the Delaware Supreme Court issued a significant decision involving the State’s under-21 firearm restriction. Some changes took effect immediately. Others create future obligations or phased implementation dates.
This page is designed as a summary. Each section explains the practical effect of the change and links to a more detailed DelawareGunLaws.com guide or an official source where appropriate.
What changed in Delaware gun law?
These are the major developments most likely to affect Delaware firearm owners, families, purchasers and dealers.
Under-21 firearm restriction
The Delaware Supreme Court reversed the lower court in Birney, leaving §1448(a)(5)’s under-21 restriction enforceable, subject to statutory exceptions.
Youth hunting & target practice
HS 1 for HB 427 created new exceptions for qualifying 16- and 17-year-olds who complete hunter education and have parental or guardian permission.
Ghost guns & unserialized firearms
HB 418 created a compliance pathway for certain previously lawfully possessed unserialized firearms while preserving Delaware’s prohibition on untraceable firearms.
Out-of-state protection orders
HB 342 expanded Delaware’s persons-prohibited law to include qualifying domestic-violence protection orders issued by courts of other states or territories.
Firearm Responsibilities Notice
HB 141 requires DSHS to create a purchaser notice and acknowledgment process. The law’s operative requirements depend on publication of the finalized notice.
New firearm-dealer licensing system
SS 1 for SB 300 created a new state firearm-dealer licensing framework that will be phased in beginning in 2028 and fully implemented in 2029.
Delaware Supreme Court reverses the lower court in the under-21 firearm case
In Delaware Department of Safety and Homeland Security v. Birney, No. 412, 2025, the Delaware Supreme Court issued its opinion on September 8, 2026 and reversed the Superior Court decision that had invalidated the under-21 restriction as applied to adults ages 18 through 20.
As a result, the under-21 restriction in 11 Del. C. §1448(a)(5) remains enforceable. The statute generally restricts a person under age 21 from purchasing, owning, possessing or controlling a deadly weapon or firearm ammunition, but it contains important exceptions based on firearm type, military or law-enforcement status, Delaware CCDW status, and certain lawful hunting, instruction, sporting and recreational activities.
Summaries written while the Superior Court decision was in effect may now be outdated. Delaware firearm owners ages 18–20 should use the current statutory exceptions rather than relying on the earlier trial-court ruling.
New target-practice and hunting exceptions for ages 16–17
House Substitute 1 for House Bill 427 was signed on August 17, 2026. It allows a 16- or 17-year-old to target practice with a BB gun, projectile weapon or firearm without direct supervision by a person age 21 or older when the young person has permission from a parent or guardian and has completed an approved hunter-education course.
The law also allows a qualifying 16- or 17-year-old to hunt without direct 21+ supervision when the statutory conditions are met and the young person has and carries a valid Delaware hunting license.
Parental or guardian permission + completed hunter education can remove the direct 21+ supervision requirement for a 16- or 17-year-old.
The same underlying requirements apply, and the young person must also have and carry a valid Delaware hunting license.
Delaware revises its ghost-gun and unserialized-firearm law
House Bill 418 took effect on September 3, 2026. The legislation preserves Delaware’s underlying prohibition on untraceable firearms but creates a clear compliance process for certain people who lawfully possessed an unserialized firearm before the Act’s effective date.
A qualifying person may bring the firearm or unfinished frame or receiver into compliance by having it properly serialized through a federally licensed firearm dealer or federally licensed manufacturer, or by rendering it permanently inoperable as defined by Delaware law. The Act also addresses qualifying new Delaware residents who lawfully acquired an unserialized item in another jurisdiction.
For a qualifying existing Delaware resident relying on the September 3, 2026 effective date, the six-month compliance date is March 3, 2027. New residents can have a different deadline under the statute.
Qualifying out-of-state protection orders can now trigger a Delaware firearm prohibition
House Bill 342 expanded 11 Del. C. §1448(a)(6). Delaware’s persons-prohibited law now reaches certain domestic-violence protection orders issued by courts of another state or territory.
The provision applies when the person knows they are subject to the qualifying order and either the order itself prohibits the person from purchasing, owning, possessing or controlling a deadly weapon or firearm ammunition, or the order satisfies the requirements of 18 U.S.C. §922(g)(8).
The exact order and the statutory criteria matter. A general label such as “restraining order” or “protection order” does not by itself answer whether Delaware’s firearm prohibition applies.
Delaware creates a Firearm Responsibilities Notice for purchasers
House Bill 141 directs the Delaware Department of Safety and Homeland Security to develop a Firearm Responsibilities Notice for firearm purchasers. The notice is intended to provide information about lawful firearm transfers, safe handling and storage, reporting lost or stolen firearms, and other firearm-safety and legal responsibilities.
House Amendment 1 changed the procedure from signing the notice itself to signing a separate acknowledgment that the purchaser received the notice. Dealers will be required to retain the acknowledgment as part of their records.
The amended Act does not simply make the purchaser-notice requirement operative on the date the Governor signed the bill. Its effective date is tied to publication in the Delaware Register of Regulations of a DSHS notice stating that the final Firearm Responsibilities Notice has been promulgated.
Until that implementation step occurs, dealers and purchasers should distinguish between the enacted legislation and the date on which the new acknowledgment process becomes operative.
Delaware creates a new state firearm-dealer licensing system
Senate Substitute 1 for Senate Bill 300 creates a new state firearm-dealer licensing system under Chapter 9B of Title 24. The system is separate from the federal firearms-license requirement and replaces the current Delaware deadly-weapons licensing structure for businesses that fall within the new statutory definition of a firearm dealer.
The Act establishes eligibility standards, security requirements, recordkeeping and reporting requirements, background checks for certain people with access to firearms, training requirements, DSP inspection authority, civil penalties and potential license revocation.
DSP notification phase
DSP begins notifying people with valid special licenses to sell deadly weapons about the changes and potential state-license requirement.
Application published
DSP must publish the application for an initial state firearm-dealer license.
Full implementation
Except for specific transition provisions, the new licensing system is scheduled to be fully implemented.
This law is important for Delaware firearm businesses but does not mean that the entire new Chapter 9B licensing system is already operational in September 2026. The Act expressly provides a phased implementation schedule.
Key Delaware firearm-law dates
Frequently asked questions
Did Delaware lower the firearm age from 21 to 18?
No. The Delaware Supreme Court reversed the lower-court decision in Birney on September 8, 2026. Section 1448(a)(5)’s under-21 restriction remains enforceable, subject to the exceptions written into the statute.
Can a 16- or 17-year-old target practice without a 21-year-old supervisor?
Yes, when the statutory requirements are satisfied. The young person must have permission from a parent or guardian and must have completed an approved hunter-education course. Individual ranges can still impose stricter rules.
Did Delaware legalize ghost guns in 2026?
No. HB 418 preserved the prohibition on untraceable firearms but created a compliance pathway for certain previously lawfully possessed unserialized firearms and certain lawful acquisitions by new Delaware residents.
Can an out-of-state protection order prohibit firearm possession in Delaware?
Yes, if the order meets the requirements added by HB 342. Not every restraining or protection order automatically qualifies, so the exact terms and statutory criteria matter.
Do firearm buyers already have to sign the new Firearm Responsibilities acknowledgment?
The legislation has been enacted, but the amended Act ties the operative effective date to publication of a notice in the Delaware Register of Regulations stating that the final Firearm Responsibilities Notice has been promulgated. Buyers and dealers should verify implementation status before assuming the process is already in force.
Is the new Delaware firearm-dealer license already required?
The law was enacted in 2026, but its new Chapter 9B licensing system is phased in. DSP notification begins by July 1, 2028, the initial application must be published by September 1, 2028, and full implementation is scheduled for January 1, 2029, subject to the Act’s transition provisions.
Official sources
HS 1 for HB 427 / 85 Del. Laws, c. 430 — Youth target-practice and hunting changes
HB 418 / 85 Del. Laws, c. 469 — Ghost guns and unserialized-firearm compliance
HB 342 / 85 Del. Laws, c. 508 — Out-of-state domestic-violence protection orders
HB 141 / 85 Del. Laws, c. 371 — Firearm Responsibilities Notice
SS 1 for SB 300 / 85 Del. Laws, c. 467 — New state firearm-dealer licensing system
Legal information, not legal advice.
DelawareGunLaws.com is an independent educational resource and is not affiliated with the State of Delaware or any government agency. This page summarizes major 2026 developments and is not a complete list of every firearm-related bill, regulation, court order or administrative action. Effective dates, implementation rules and individual legal circumstances can differ. Verify the current Delaware Code, session laws, court decisions and agency guidance before relying on this information.
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