Delaware Assault Weapon Laws
A plain-English guide to Delaware’s restrictions on AR-15-style rifles, other semiautomatic firearms, copycat weapons, fixed magazines, grandfathered firearms, transfers and current court developments.
Current Law
Restrictions: 11 Del. C. § 1466
Certificates: 11 Del. C. § 1467
Effective: June 30, 2022
Last reviewed: Sept. 22, 2026
Third Circuit invalidates New Jersey restrictions on semiautomatic rifles
On July 17, 2026, the en banc U.S. Court of Appeals for the Third Circuit held that New Jersey’s ban on the Colt AR-15 violated the Second Amendment and modified the lower-court judgment so that the challenged assault-firearm provisions were unconstitutional with respect to the full class of semiautomatic rifles addressed by the record. The court also held New Jersey’s challenged large-capacity-magazine provisions unconstitutional.
Delaware is within the Third Circuit, so the opinion is important precedent for constitutional challenges involving similar Delaware restrictions. But the case directly adjudicated New Jersey law, not Delaware Code §§ 1465–1467, and the Delaware statutes remain published in the current Delaware Code.
On June 30, 2026, the U.S. Supreme Court granted review in Viramontes v. Cook County and Grant v. Higgins, consolidated cases asking whether the Second Amendment protects possession of commonly owned semiautomatic rifles such as the AR-15. Those cases involve Illinois and Connecticut restrictions, not Delaware law, but the eventual decision may affect the constitutional analysis of Delaware’s statutes.
What does Delaware call an assault weapon?
Delaware uses several overlapping categories. A firearm can potentially qualify under more than one.
Assault Long Guns
Certain rifles, carbines and shotguns specifically listed in Delaware law, together with covered copies.
Assault Pistols
Certain specifically identified pistols and other qualifying semiautomatic pistol configurations.
Copycat Weapons
Firearms meeting Delaware’s feature, magazine, action or dimensional tests even when not specifically named.
Jump to a section
Firearms specifically listed by Delaware
Delaware Code § 1465 identifies numerous firearms as assault long guns and provides that covered copies may also fall within the definition regardless of producer or manufacturer.
The statutory list is longer
Do not rely on a short internet list when evaluating a specific firearm. Review the current Delaware Code and the firearm’s exact model and configuration.
AR-15-style rifles in Delaware
AR-platform firearms require particular care because Delaware’s statutory list specifically includes the Colt AR-15, CAR-15, and all imitations, while expressly excluding the Colt AR-15 Sporter H-BAR rifle from that named entry. A firearm that is not captured by the named entry may still require analysis under the separate copycat-weapon definition.
A 10-round magazine does not automatically make an AR-15 legal
Magazine capacity and whether the magazine is detachable are different legal questions. A conventional semiautomatic AR-style rifle can still meet Delaware’s assault-weapon definition even when it is supplied with a 10-round detachable magazine.
AR-style firearms may also be evaluated under Delaware’s separate copycat weapon provisions, including the detachable-magazine feature test.
Delaware’s “copycat weapon” test
A firearm does not have to appear on Delaware’s named list to potentially qualify as an assault weapon. Delaware separately regulates certain configurations as “copycat weapons.”
Semiautomatic centerfire rifle + detachable magazine
If the rifle can accept a detachable magazine, the presence of even one qualifying feature can bring it within Delaware’s copycat definition.
Delaware uses a one-feature test
Under this portion of the statute, the rifle does not need several listed features. One qualifying feature can be sufficient.
Overall length
Delaware also separately includes a semiautomatic centerfire rifle with an overall length of less than 30 inches within the copycat-weapon definition.
Fixed-magazine rifles
Delaware distinguishes between detachable and fixed magazines. This distinction is one reason some manufacturers offer fixed-magazine AR-platform rifles for states with restrictive firearm laws.
Does a fixed magazine automatically make every AR-style firearm legal?
No automatic conclusion should be made. The complete firearm still needs to be evaluated against Delaware’s named-firearm provisions and other statutory definitions.
Featureless semiautomatic rifles
Some firearms intended for restrictive-state markets are configured without the characteristics that trigger the detachable-magazine feature test.
A featureless configuration does not necessarily override a separate named-firearm or copy provision.
Rimfire and manually operated rifles
.22 LR rifles
Delaware’s principal detachable-magazine rifle feature test expressly refers to a semiautomatic centerfire rifle. .22 LR is rimfire ammunition. Separately named firearms and other provisions should still be checked.
Bolt-action AR-style rifles
A genuinely manually operated bolt-action rifle does not meet the semiautomatic element of Delaware’s principal rifle feature test. The complete statutory definition should still be evaluated for the exact firearm.
Pistols and shotguns can also qualify
Detachable-magazine pistol test
A semiautomatic pistol that can accept a detachable magazine is a copycat weapon if it has at least one qualifying characteristic.
• Threaded barrel capable of accepting a flash suppressor, forward pistol grip or silencer
• Qualifying barrel shroud
• Second hand grip
Semiautomatic shotgun tests
Delaware’s copycat definition includes a semiautomatic shotgun that has both a folding stock and a qualifying grip, and separately includes a semiautomatic shotgun capable of accepting a detachable magazine.
A shotgun with a revolving cylinder is also included, and separately named shotgun models remain subject to the named-firearm list.
Delaware’s external-magazine-location characteristic does not apply when that characteristic is used with a rimfire pistol solely for a competitive shooting event, or practice for such an event, operated by a state- or nationally recognized competitive shooting organization. The exception is limited; it does not remove the other pistol characteristics from the statute.
A semiautomatic pistol with a fixed magazine capable of accepting more than 17 rounds is separately included in Delaware’s copycat-weapon definition.
What does Delaware law prohibit?
Unless a statutory exception applies, Delaware regulates multiple forms of conduct involving a firearm classified as an assault weapon.
The current text of § 1466(d) states that a violation of § 1466 is a Class D felony.
Do not plan to import a prohibited configuration and modify it afterward
Transporting an assault weapon into Delaware is itself addressed by the statute. Determine the firearm’s lawful configuration before bringing it into the state unless a specific statutory exception applies.
Grandfathered or legacy assault weapons
Delaware provides an exception for qualifying firearms that a person lawfully possessed, or for which the person had completed the purchase, before June 30, 2022.
Authorized possession and transport are subject to statutory conditions.
Voluntary Certificate of Possession
Delaware created a voluntary Certificate of Possession procedure for qualifying firearms lawfully possessed before the effective date. The original application deadline for an existing owner was June 30, 2023.
Section 1467(b) separately provides an affirmative defense in a § 1466 prosecution when the defendant lawfully possessed, or had completed a purchase of, the assault weapon before June 30, 2022. A certificate is conclusive evidence of that qualifying pre-ban status, but the statute does not make possession of a certificate the only way to assert the affirmative defense.
June 30, 2023, for an existing owner seeking a certificate for a qualifying pre-ban firearm.
Transportation requires secure storage
A qualifying pre-June 30, 2022 assault weapon may be transported between the locations authorized by § 1466(c)(3), or to a licensed firearms dealer for servicing or repair, only when the assault weapon is placed in secure storage.
Section 1465 defines secure storage as a firearm stored in a locked container or equipped with a properly engaged tamper-resistant mechanical lock or other safety device that renders the firearm inoperable by anyone other than the owner or another lawfully authorized user.
Section 1466 also separately permits secure transport to or from certain accredited ballistics laboratories and facilities engaged in testing or engineering for protective equipment or vehicle-protection systems.
Family transfers and inheritance
Transfer to a family member
Delaware contains a specific family-transfer provision for a qualifying assault weapon when the transferor lawfully possesses it and the recipient is otherwise legally permitted to possess the firearm.
Inherited firearms
The statute also addresses qualifying firearms inherited or received through a lawful family transfer. Under § 1467(d), the lawful recipient may apply for a certificate of possession within 60 days after taking possession.
Dealers, law enforcement, military and other exceptions
Delaware law contains exceptions for specified persons, agencies and transactions. These are limited statutory exceptions rather than a general exemption from the assault-weapon law.
Does a Delaware CCDW exempt the holder?
A Delaware CCDW is not listed in § 1466 as a general exemption from Delaware’s assault-weapon restrictions. A CCDW can affect other areas of Delaware firearm law, but it should not be treated as authorization to possess or acquire an assault weapon prohibited by § 1466.
Delaware magazine laws are separate
Delaware’s assault-weapon restrictions and large-capacity-magazine restrictions are related but separate areas of law.
Not large-capacity solely by capacity
Other firearm and magazine restrictions may still apply.
Large-capacity magazine definition
Subject to the statute’s definitions and applicable exceptions.
A legal-capacity magazine does not make a prohibited firearm legal
A 10-round or 17-round magazine does not by itself change an otherwise prohibited assault-weapon configuration into a lawful firearm.
Current 2026 federal court status
In Association of New Jersey Rifle and Pistol Clubs v. Attorney General of New Jersey, the en banc Third Circuit issued a precedential opinion on July 17, 2026. The court held New Jersey’s Colt AR-15 ban unconstitutional and extended that result to the full class of semiautomatic rifles supported by the record. It also held New Jersey’s challenged large-capacity-magazine provisions unconstitutional.
The Third Circuit remanded for further proceedings involving other models and types of firearms covered by New Jersey’s assault-firearm provisions. The opinion did not directly adjudicate Delaware §§ 1465–1467.
Why this matters to Delaware
Delaware is in the Third Circuit, so the ruling is important precedent in constitutional litigation involving similar semiautomatic-rifle restrictions. Until a Delaware court or other binding legal action changes the status of Delaware’s statutes, however, §§ 1465–1467 remain part of the published Delaware Code.
The Supreme Court granted review on June 30, 2026 in Viramontes v. Cook County and Grant v. Higgins. The consolidated cases concern whether the Second Amendment protects possession of semiautomatic rifles such as the AR-15. As of this page’s September 22, 2026 review date, those cases remain pending.
Delaware-compliant firearms and transfers
Coastal Firearms
DelawareGunLaws.com is supported by Coastal Firearms, a Delaware firearms business focused on lawful transfers, responsible ownership, education and compliance.
Coastal Firearms carries Delaware-compliant AR-platform rifles and can help customers identify firearms designed or configured for lawful Delaware retail sale. Inventory and compliant configurations vary.
Frequently asked questions
Are AR-15 rifles legal in Delaware?
Many conventional semiautomatic AR-15-style rifles fall within Delaware’s assault-weapon definitions. The exact model and configuration matter, and specially configured fixed-magazine, manually operated or other compliant firearms require analysis under the complete statute.
Does a 10-round magazine make an AR-15 Delaware compliant?
No. A 10-round detachable magazine does not eliminate Delaware’s detachable-magazine feature test or the separately named-firearm provisions.
Is a fixed-magazine AR-platform rifle legal in Delaware?
A fixed-magazine configuration can materially change the statutory analysis, but it should not automatically be assumed that every AR-style firearm becomes lawful merely because a fixed-magazine device has been installed. The exact firearm and configuration should be evaluated.
Where can I find a Delaware-compliant AR-platform rifle?
Coastal Firearms offers Delaware-compliant AR-platform rifles when available and reviews the firearm and compliance configuration before offering it for Delaware retail sale.
Visit Coastal Firearms →
Are .22 LR AR-style rifles treated the same as centerfire rifles?
Delaware’s principal detachable-magazine rifle feature test specifically refers to semiautomatic centerfire rifles. .22 LR is rimfire ammunition. Separately named firearms and other statutory provisions should still be considered.
Can I bring my AR-15 into Delaware when I move here?
Do not assume that you can. Delaware law addresses transporting an assault weapon into the state. Determine whether the firearm is lawful or an exception applies before bringing it into Delaware.
See the Moving to Delaware guide →
Can a grandfathered assault weapon be transferred to family?
Delaware contains a specific provision allowing a qualifying lawfully possessed assault weapon to be transferred to a family member when the statutory requirements are satisfied.
Did I lose grandfathered status if I did not obtain a Certificate of Possession?
Not necessarily. The original certificate application deadline for an existing owner was June 30, 2023, but § 1467(b) separately makes qualifying lawful possession or a completed purchase before June 30, 2022 an affirmative defense. A certificate is conclusive evidence of that status.
Does my Delaware CCDW exempt me from the assault-weapon law?
No general CCDW exemption appears in § 1466. A Delaware CCDW should not be treated as authorization to possess, purchase, receive or transport an assault weapon when § 1466 otherwise prohibits that conduct.
Did the July 2026 Third Circuit ruling overturn Delaware’s law?
No. The July 17, 2026 opinion directly decided challenges to New Jersey’s statutes. It is important Third Circuit precedent for Delaware, but it did not itself repeal or amend Delaware Code §§ 1465–1467. Separate Supreme Court review of AR-15 bans is also pending in Viramontes and Grant.
Continue researching Delaware firearm law
Official sources
11 Del. C. § 1465 — Definitions related to assault weapons
11 Del. C. § 1466 — Assault-weapon restrictions and exceptions
11 Del. C. § 1467 — Voluntary Certificate of Possession
Delaware House Bill 450 — Delaware Lethal Firearms Safety Act of 2022
U.S. Court of Appeals for the Third Circuit — July 17, 2026 semiautomatic-rifle decision
84 Del. Laws, c. 312 — 2024 competitive-rimfire-pistol amendment to § 1465
Third Circuit — ANJRPC v. Attorney General of New Jersey — July 17, 2026 en banc opinion
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. Firearm laws, regulations, court decisions and agency procedures can change. The legality of a firearm can depend on its exact model, configuration, date of acquisition, owner, transaction and circumstances. Verify current primary sources before relying on this information.
Delaware Magazine Laws
Next: understand Delaware’s 17-round threshold, exemptions, transfers and how magazine restrictions interact with firearm configuration.