Delaware Firearm Background Checks
A practical guide to Delaware firearm background checks, including dealer sales, private transfers, FTAP, handgun purchaser permits, exemptions, delayed transactions and what happens when a transfer cannot proceed.
Current Delaware System
Private transfer: Usually through an FFL
Handgun: Purchaser permit may also be required
Purpose: Verify legal eligibility
A background check asks whether the firearm transfer is legally allowed
For most dealer firearm transfers in Delaware, the dealer submits a background-check request through Delaware’s Firearm Transaction Approval Program before releasing the firearm.
Buyer Information
The dealer collects the information and identification required for the firearm transaction.
FTAP Check
The State Bureau of Identification evaluates whether the transfer would violate Delaware or federal law.
Proceed or No Transfer
The firearm is released only when the transfer may lawfully proceed under the applicable rules.
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A Handgun Qualified Purchaser Permit does not necessarily replace the firearm-transfer background check
Delaware’s purchaser-permit process and the background check conducted for a firearm transaction are separate legal requirements. A purchaser permit evaluates eligibility before handgun purchases; § 1448A separately governs background checks when licensed dealers transfer firearms, subject to the statute’s exemptions.
What is FTAP?
FTAP is Delaware’s Firearm Transaction Approval Program. Under § 1448A, a licensed dealer generally submits a background check to the Delaware State Bureau of Identification through FTAP before transferring a firearm from inventory.
The purpose of the check is to determine whether transferring the firearm to the prospective recipient would violate state or federal law.
Delaware uses its own state transaction-approval system
The dealer receives the transaction determination through the State Bureau of Identification rather than treating the purchaser-permit application itself as the individual firearm transaction.
Background checks for firearms sold by dealers
A licensed importer, manufacturer or dealer generally may not sell, transfer or deliver a firearm from inventory to an ordinary customer without first conducting the required SBI background check through FTAP.
The dealer normally waits for authorization
Section 1448A generally prohibits the dealer from completing the transfer until SBI informs the dealer that the transaction may “proceed,” unless the statute’s 25-day provision or another exemption applies.
Handgun purchases have an additional permit requirement
Delaware residents purchasing or receiving a handgun generally must have a valid Handgun Qualified Purchaser Permit unless they fall within a statutory exemption.
Delaware State Police currently states that Delaware residents seeking to purchase a handgun must complete qualifying firearm training, obtain fingerprints, pass the permit background investigation and obtain the permit before purchase unless exempt.
Delaware CCDW holders are treated differently
A person holding a valid Delaware concealed deadly weapon license issued by Superior Court under § 1441 is not required to obtain the Handgun Qualified Purchaser Permit.
What happens during the handgun purchaser-permit background investigation?
The purchaser-permit investigation is broader than simply running the background check for one firearm transaction.
Applicants submit fingerprints through the approved process.
SBI checks Delaware criminal-justice information.
SBI makes inquiries with applicable local law-enforcement agencies.
SBI determines whether statutory disqualifications apply.
Permit duration
A Handgun Qualified Purchaser Permit is valid for two years unless it becomes void or is revoked under Delaware law.
Do private firearm transfers require a background check?
Generally, yes. When two unlicensed persons conduct a firearm sale or transfer covered by § 1448B, they generally must use a licensed firearms dealer to conduct the background check.
For the dealer-facilitated procedure, both parties jointly appear at the dealer’s place of business.
The prospective recipient is checked under the Delaware firearm transaction process.
If the check shows the buyer is prohibited, the transaction may not take place.
Not every firearm transaction requires the same background-check procedure
Sections 1448A and 1448B contain several exemptions. Which exemption applies can depend on whether the transfer involves a licensed dealer or two unlicensed individuals.
Specified family relationships are exempt from § 1448B.
Qualifying transfers by operation of law or because of death are excluded.
Current valid Delaware CCDW transactions receive statutory exemptions.
Specific statutory definitions and conditions apply.
An exemption from a transaction background check is not permission to transfer to a prohibited person
The recipient must still be legally eligible to possess the firearm, and other Delaware and federal laws can still apply.
What happens if the background check is delayed?
A firearm transaction is not always immediately approved or denied.
Delaware law contains a 25-day provision
Sections 1448A and 1448B provide that a covered transfer may proceed after 25 days have elapsed from the date of the background-check request if a denial has not occurred, subject to the full statutory requirements and any other law that prevents the transfer.
What happens if the background check results in a denial?
If the applicable background check establishes that the prospective recipient is prohibited from purchasing, possessing or owning the firearm, the transfer may not take place.
Do not attempt to bypass the denial
Having another person purchase or receive a firearm on behalf of someone who is not the true purchaser or who is prohibited can create separate serious criminal issues.
How much can a dealer charge for a private-transfer background check?
Maximum statutory fee: $30
Under 24 Del. C. § 904A, a Delaware dealer facilitating the statutory background-check procedure for a transfer between unlicensed persons may charge a reasonable fee of no more than $30 per background check.
Does a background check create a Delaware firearm registry?
Delaware law expressly prohibits a general firearm-registration system
Section 904A states that Delaware’s background-check laws do not authorize the State to establish a system for registration of firearms, firearm owners, firearm transactions or dispositions, except with respect to persons prohibited from receiving firearms as provided by law.
Firearm transfers through a Delaware dealer
Coastal Firearms
DelawareGunLaws.com is supported by Coastal Firearms, a Delaware federally licensed firearms dealer.
Coastal Firearms handles lawful dealer transfers and can assist customers with understanding the paperwork and eligibility requirements involved in receiving a firearm through an FFL.
For handgun transactions, customers should confirm whether they need a Delaware Handgun Qualified Purchaser Permit or qualify for an exemption before arriving for the transfer.
Frequently asked questions
Do Delaware gun dealers run background checks?
Generally, yes. Section 1448A requires licensed dealers to conduct an SBI background check through Delaware’s Firearm Transaction Approval Program before most firearm transfers from inventory unless an exemption applies.
What is FTAP?
FTAP is Delaware’s Firearm Transaction Approval Program. The State Bureau of Identification uses the program to determine whether a proposed firearm transfer would violate state or federal law.
Does a handgun purchaser permit mean I can skip the transfer background check?
Not automatically. The permit and the firearm-transfer background check are separate requirements. Section 1448A contains its own specific transaction exemptions, including certain transactions involving valid Delaware concealed-carry license holders.
Do private firearm sales require a background check in Delaware?
Generally, yes. Covered transfers between two unlicensed persons must normally be processed through a licensed dealer for a background check unless an exemption or exclusion in § 1448B applies.
Do family firearm transfers require a background check?
Section 1448B exempts transactions involving specified family relationships from its ordinary private-transfer background-check requirement. The recipient must still be legally eligible to possess the firearm, and other firearm restrictions can still apply.
Does inheritance require a Delaware firearm background check?
A qualifying transfer occurring by operation of law or because of death through an executor, administrator or testamentary trustee is excluded from the private-transfer definition in § 1448B. Special firearms and interstate estates can involve additional rules.
What happens if the background check is not immediately approved?
The transaction may remain pending. Delaware law contains a provision allowing certain covered transfers to proceed after 25 days from the background-check request when a denial has not occurred, but all other legal requirements must still be satisfied.
How much can a dealer charge for a private-sale background check?
Under Delaware’s dealer-facilitated private-transfer procedure, the dealer may charge a reasonable fee of no more than $30 per background check.
Does Delaware register every firearm after a background check?
Delaware law expressly states that its background-check provisions do not authorize a general system for registration of firearms, firearm owners or firearm transactions, except with respect to prohibited persons as provided by law.
Related Delaware firearm-law topics
Official sources
11 Del. C. § 1448A — Background checks for licensed firearm sales
11 Del. C. § 1448B — Background checks for transfers between unlicensed persons
11 Del. C. § 1448D — Handgun Qualified Purchaser Permit
24 Del. C. § 904A — Dealer facilitation of private-transfer background checks
Delaware State Police — Current Handgun Qualified Purchaser Permit guidance
Legal information, not legal advice.
DelawareGunLaws.com is an independent educational resource and is not affiliated with the Delaware State Police, State Bureau of Identification, ATF or any other government agency. Background-check requirements vary depending on the type of firearm, transferor, transferee, relationship between the parties and applicable exemptions. Verify current law and agency guidance before relying on this information.
Buying a Firearm in Delaware
See the complete purchase process, including identification, handgun permit requirements, firearm eligibility and dealer transfers.