Delaware Safe Storage Laws
A practical guide to storing firearms in Delaware, including access by children or prohibited persons, locked containers, trigger locks, vehicle storage and penalties for unsafe storage.
Current Law
Vehicle storage: § 1456(b)
Unauthorized person: child or prohibited person
Delaware uses different rules at home and in a vehicle
The safest approach is to prevent unauthorized access and use a secure storage method appropriate to the location.
Prevent unauthorized access
Delaware’s general unsafe-storage statute applies when a loaded firearm is left within reach or easy access of an unauthorized person and that person obtains it under the circumstances described in § 1456.
Unattended firearms must be secured
An unattended firearm in a vehicle must be in a locked box or container, locked firearms rack, or locked trunk.
Children & prohibited persons
Delaware defines an unauthorized person for § 1456 as a child or someone prohibited by state or federal law from owning or possessing the firearm.
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Delaware’s basic unsafe-storage rule
Delaware does not simply say that every firearm inside a residence must always be locked in a safe.
Instead, § 1456 creates an offense when a person intentionally or recklessly stores or leaves a loaded firearm in a non-vehicle location within reach or easy access of an unauthorized person, that person obtains the firearm, and the other statutory conditions are satisfied.
Important distinction
The general home-storage offense is not triggered merely because a loaded firearm exists in a residence. The statute requires the unauthorized person to obtain the firearm and includes additional conditions concerning how it was stored.
What storage methods does Delaware recognize?
Section 1456 identifies several circumstances that matter when evaluating whether a firearm was unsafely stored.
A fully enclosed container secured by a padlock, key lock, combination lock or similar locking device.
A properly engaged trigger lock that renders the firearm inoperable by anyone other than the owner or another lawfully authorized user.
The statute also considers whether the firearm was stored somewhere a reasonable person would have believed was secure from unauthorized access.
Unattended firearms in vehicles
Delaware’s vehicle-storage rule is more direct than the general home-storage provision.
If the firearm is left unattended in the vehicle, it must be secured
Section 1456(b) prohibits knowingly leaving an unattended firearm in a vehicle unless it is stored using one of the authorized methods below.
Does a glove compartment count?
Delaware’s definition of a locked container specifically addresses glove compartments.
A normal unlocked glove compartment is not a locked container
A glove compartment can qualify only if it can be manually locked in a way that renders the firearm inaccessible to anyone other than the owner or another authorized person.
Penalties for unsafe storage
Class B misdemeanor
Unsafe storage generally constitutes a Class B misdemeanor when the enhanced circumstances do not apply.
Class A misdemeanor
The offense is elevated when an unauthorized person obtains the firearm and commits or attempts a crime, causes serious injury or death, or transfers or attempts to transfer the firearm to another unauthorized person.
What if someone breaks into the home?
Delaware’s general non-vehicle unsafe-storage provision specifically considers whether the unauthorized person obtained the firearm as the result of an unlawful entry by any person.
Burglary is treated differently
The general offense requires that the unauthorized person did not obtain the firearm as the result of unlawful entry. This distinction does not eliminate the separate vehicle-storage requirements.
A firearm under your control is different from a stored firearm
For purposes of § 1456, “stores or leaves” does not include a firearm being carried by or under the control of the owner or another lawfully authorized user.
Storage law and carry law are separate
A firearm being under your control for purposes of the storage statute does not necessarily mean the manner of carrying it complies with Delaware concealed-carry, restricted-location or other firearm laws.
Practical firearm-storage practices
The legal minimum and the best storage method for a particular household are not always the same. Consider who may have access, how quickly the firearm needs to be available to an authorized user, and whether the storage system prevents unauthorized handling.
Safe storage is part of responsible firearm ownership
Coastal Firearms
DelawareGunLaws.com is supported by Coastal Firearms, which emphasizes lawful firearm ownership, safe handling, secure storage and firearm education.
Coastal Firearms can help Delaware firearm owners identify appropriate firearm-storage products and safety equipment, including lockboxes, safes and firearm-locking devices when available.
Frequently asked questions
Does Delaware require every firearm in my home to be locked in a safe?
Section 1456 does not impose a simple universal rule that every firearm in every residence must always be locked in a safe. The general offense concerns a loaded firearm left within reach or easy access of an unauthorized person who obtains it, together with the other statutory conditions.
Who is considered an unauthorized person?
For § 1456, an unauthorized person is a child or a person prohibited under state or federal law from owning or possessing a firearm.
Can I leave a firearm in my vehicle?
If the firearm is left unattended, Delaware requires it to be stored in a locked box or container, locked firearms rack on the vehicle, or locked trunk.
Does an unlocked glove box qualify as secure vehicle storage?
No. Delaware’s locked-container definition says a glove compartment does not qualify unless it can be manually locked so the firearm is inaccessible to anyone other than the owner or another authorized person.
Does having a Delaware CCDW eliminate the vehicle-storage requirement?
No. The unattended-vehicle storage requirement applies independently of whether the owner holds a Delaware concealed-carry license.
What if a burglar steals my firearm?
The general non-vehicle provision includes the condition that the unauthorized person did not obtain the firearm as the result of unlawful entry. Vehicle storage is governed by a separate subsection with its own requirements.
Official sources
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-storage requirements can depend on the location, whether the firearm is loaded, who has access, whether the firearm is unattended and other circumstances. Verify current primary sources before relying on this information.
Firearms in Vehicles in Delaware
Learn how Delaware regulates firearms carried, stored and left unattended in motor vehicles.