Protection From Abuse Orders & Firearms in Delaware
A plain-English guide to how Delaware Protection From Abuse orders can affect firearm possession, purchase, surrender, storage and return.
Court Order
Firearm prohibition: 11 Del. C. § 1448
Court: Delaware Family Court
A PFA order can directly affect firearm rights
Depending on the order and stage of the case, a respondent may be required to surrender firearms and ammunition and may become legally prohibited from possessing them.
Protective Order
A petitioner seeks relief from Delaware Family Court under the Protection From Abuse statute.
Relinquishment
The court may order firearms and ammunition temporarily relinquished under the circumstances authorized by Delaware law.
Possession Prohibited
A qualifying final PFA order can make a respondent legally prohibited from purchasing, owning, possessing or controlling firearms or ammunition while the prohibition remains in effect.
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What is a Protection From Abuse order?
A Protection From Abuse order, commonly called a PFA, is a civil protective order issued by Delaware Family Court under Delaware’s domestic-violence statutes.
A PFA may contain multiple forms of relief depending on the circumstances. Firearm-related relief is one of the remedies the court may order.
A PFA can require firearm relinquishment
Delaware Family Court is authorized to order a respondent to temporarily relinquish firearms and ammunition as part of PFA relief under the circumstances provided by law.
A firearm prohibition should be taken literally
If a court order prohibits firearm possession or requires relinquishment, the respondent should not continue possessing, controlling, purchasing or attempting to receive firearms contrary to that order.
Where can firearms be relinquished?
Section 1045 authorizes temporary relinquishment to either:
Police Officer
The court may direct that firearms or ammunition be relinquished to law enforcement.
Delaware FFL
Delaware law also allows relinquishment to a federally licensed firearms dealer located in Delaware.
Follow the actual court order
The respondent should follow the surrender instructions and deadlines contained in the order rather than assuming that any transfer or storage arrangement will satisfy the court.
Using a federally licensed firearms dealer
Delaware law expressly recognizes a federally licensed firearms dealer located in Delaware as a potential recipient of firearms or ammunition temporarily relinquished under a qualifying PFA order.
Contact the dealer before arriving
Not every firearms dealer necessarily offers court-ordered storage or relinquishment services. Confirm that the dealer accepts these firearms and ask what documentation, identification, storage fees or appointment procedures apply.
A qualifying PFA can make someone a person prohibited
Delaware’s persons-prohibited statute includes certain individuals who are subject to a Family Court Protection From Abuse order containing the firearm-related findings and restrictions required by § 1448.
While the qualifying prohibition remains in effect, the person may not lawfully purchase, own, possess or control firearms or ammunition as prohibited by Delaware law.
What happens when the PFA ends?
The expiration, modification or termination of a PFA order does not mean a firearm should simply be handed back without checking the person’s current legal eligibility.
Other prohibitions may still exist
A person may remain prohibited for another reason, such as a criminal conviction, another active protective order, federal law, or another Delaware persons-prohibited category. Legal eligibility should be confirmed before firearms are returned or transferred.
Violating a protective order
Knowingly violating a Delaware domestic-violence protective order can constitute criminal contempt.
Class A misdemeanor
Criminal contempt of a domestic violence protective order is generally a Class A misdemeanor unless the felony elements apply.
Class F felony
Delaware elevates criminal contempt when specified circumstances occur, including when the violation involves the use or threatened use of a deadly weapon or firearm.
A successful PFA petitioner and Delaware CCDW law
Delaware concealed-carry law contains a special provision for an adult who successfully obtains a qualifying Protection From Abuse order containing a firearm prohibition.
Under § 1441, that successful petitioner is deemed to have shown the necessity for a concealed deadly weapon license for protection of themselves. Other CCDW requirements and procedures still apply.
Firearm storage through a Delaware firearms dealer
Coastal Firearms
DelawareGunLaws.com is supported by Coastal Firearms, a Delaware federally licensed firearms dealer.
If firearm storage or dealer involvement is required by a court order, contact the dealer before transporting the firearm to confirm whether the dealer can accept the firearms, what documentation is required, and how the transfer or storage must be handled.
Frequently asked questions
Can a Delaware PFA require someone to surrender firearms?
Yes. Delaware Family Court may include firearm and ammunition relinquishment as relief authorized by § 1045.
Can firearms be surrendered to a gun dealer instead of police?
Delaware law authorizes temporary relinquishment to a police officer or a federally licensed firearms dealer located in Delaware, subject to the terms of the court order.
Does every temporary PFA automatically make someone federally prohibited?
Not every protective order has identical firearm consequences. The exact order, findings, notice and hearing status matter under Delaware and federal law. Follow the firearm provisions in the order and verify the person’s current prohibited status.
Can someone buy a new firearm while prohibited by a PFA?
A person who is prohibited from purchasing, owning, possessing or controlling firearms or ammunition may not lawfully acquire another firearm while that prohibition remains in effect.
Are firearms automatically returned when the PFA expires?
Do not assume so. The person’s current firearm eligibility should be determined before firearms are returned. Another state or federal prohibition may still apply.
Is a PFA the same thing as a Delaware LVPO?
No. A Protection From Abuse order and a Lethal Violence Protective Order are separate Delaware legal procedures with different eligibility rules, petitioners and purposes. Both can affect firearm possession.
Official sources
10 Del. C. Chapter 9, Subchapter III — Delaware Family Court Protection From Abuse procedures
10 Del. C. § 1045 — Relief available under a Protection From Abuse order
11 Del. C. § 1448 — Possession and purchase of deadly weapons by persons prohibited
Delaware Criminal Code — Criminal contempt of protective orders
Legal information, not legal advice.
DelawareGunLaws.com is an independent educational resource and is not affiliated with the Delaware Family Court, State of Delaware or any government agency. Protective orders are fact-specific court orders, and their firearm provisions must be followed exactly. Delaware and federal firearm prohibitions may overlap. Anyone subject to or protected by an order who needs individualized legal advice should consult a qualified attorney.
Delaware Lethal Violence Protective Orders
Next: understand Delaware’s LVPO process, who may seek an order, temporary firearm removal, hearings and return of firearms.