Delaware Gun Laws FAQ
Quick answers to common questions about buying, owning, carrying, transporting and transferring firearms in Delaware—with links to detailed guides and primary legal sources.
Quick Answers — Detailed Sources
Carrying: Open & concealed carry
Firearms: ARs, magazines & NFA
Transfers: FFL, private & family
What do you need to know?
Choose a topic below to jump directly to the most common Delaware firearm-law questions.
Buying a firearm in Delaware
Do I need a permit to buy a gun in Delaware?
Delaware generally requires a Handgun Qualified Purchaser Permit for a Delaware resident purchasing or receiving a handgun unless an exemption applies. The purchaser permit is not a general permit required for every rifle or shotgun purchase.
Do Delaware CCDW holders need a Handgun Qualified Purchaser Permit?
No. A person holding a qualifying valid Delaware concealed deadly weapon license is exempt from the Handgun Qualified Purchaser Permit requirement.
Do I need a background check to buy a firearm?
Most dealer transfers require a firearm transaction background check through Delaware’s Firearm Transaction Approval Program unless a statutory exemption applies.
Can I buy a firearm online in Delaware?
Yes. For an ordinary consumer purchase, the firearm is generally shipped to an appropriate federally licensed firearms dealer, where the buyer completes the legal transfer.
Can an online firearm be shipped directly to my house?
Generally not for an ordinary consumer purchase of a modern firearm. The firearm normally must be delivered to an appropriate FFL for transfer to the buyer.
Can an out-of-state resident buy a gun in Delaware?
A nonresident may purchase a handgun from a Delaware seller, but the handgun generally must be transferred through an FFL in the buyer’s state of residence. A qualifying complete rifle or shotgun may sometimes be transferred directly by a Delaware FFL when the transaction complies with federal law and the laws of both states.
Open and concealed carry
Does Delaware allow open carry?
Delaware generally permits lawful open carry by a person who may legally possess the firearm, but location-specific restrictions and other laws still apply.
Do I need a license to carry concealed in Delaware?
Generally, carrying a concealed deadly weapon requires lawful authority under Delaware law, such as a Delaware CCDW license or qualifying recognized out-of-state authority.
Does Delaware recognize concealed-carry permits from other states?
Delaware recognizes qualifying licenses or permits from states approved through Delaware’s reciprocity process. Recognition can change, so check the Delaware Attorney General’s current reciprocity information before carrying.
Can I carry a firearm in a Delaware restaurant or bar?
Delaware does not impose a blanket statewide prohibition merely because a location is a restaurant or bar. However, Delaware separately prohibits firearm possession in a public place while under the influence under the circumstances specified by law, and private-property rules can apply.
Where can I not carry a firearm in Delaware?
Delaware has specific restrictions involving schools, colleges and universities, polling places and certain other locations. Courthouse, federal-property, private-property and local-government rules can also apply.
What firearms are legal?
Are handguns legal in Delaware?
Ordinary handguns and revolvers are generally lawful for eligible persons. Certain semiautomatic pistols can fall within Delaware’s assault-weapon definitions, and handgun purchases are subject to separate purchaser requirements.
Are AR-15 rifles legal in Delaware?
Delaware specifically regulates the Colt AR-15, CAR-15, covered imitations and firearms meeting its statutory copycat-weapon definitions. Whether a particular AR-platform firearm may lawfully be possessed or transferred requires review of the exact model and configuration. A July 17, 2026 Third Circuit decision invalidated New Jersey’s challenged semiautomatic-rifle restrictions, but it did not itself repeal Delaware Code §§ 1465–1467.
Does installing a 10-round magazine automatically make an AR-15 legal?
No. Magazine capacity and firearm classification are separate issues. Delaware’s named-firearm and copycat-weapon provisions must still be considered.
What is the magazine capacity limit in Delaware?
Delaware generally defines a large-capacity magazine as an ammunition-feeding device capable of accepting, or readily convertible to accept, more than 17 rounds, subject to statutory definitions and exceptions. A July 2026 Third Circuit decision invalidated New Jersey’s challenged magazine restrictions, but Delaware §§ 1468–1469 remain published law and should be checked for current Delaware-specific enforcement or litigation status.
Are 17-round magazines legal in Delaware?
A magazine is not a Delaware large-capacity magazine solely because its capacity is 17 rounds. The statutory threshold generally concerns devices capable of accepting more than 17 rounds.
Are suppressors, short-barreled rifles or other NFA firearms legal in Delaware?
NFA-regulated items require analysis under both federal law and Delaware’s own destructive-weapon restrictions. Federal registration alone should not be treated as proof that an item is lawful under Delaware law.
What are Delaware’s rules for ghost guns and unserialized firearms?
Delaware restricts untraceable firearms and unfinished frames or receivers. HB 418, signed and effective September 3, 2026, created a compliance path for certain firearms lawfully possessed before the earlier prohibition by allowing qualifying owners to have them serialized through an authorized federal licensee or manufacturer, or rendered permanently inoperable, within the statutory compliance period.
Giving, selling and inheriting firearms
Do private firearm sales require an FFL in Delaware?
Covered firearm transfers between two unlicensed persons generally must be processed through a licensed firearms dealer for the required background check unless an exemption or exclusion applies.
Can I give a firearm to a family member?
Delaware’s private-transfer law provides exemptions for specified family relationships. The recipient must still be legally eligible, and special rules involving assault weapons, age or other restrictions can still apply.
Do inherited firearms have to go through an FFL?
Not necessarily. Delaware excludes qualifying estate transfers occurring by operation of law or because of death through an executor, administrator or testamentary trustee from the ordinary private-transfer definition. Special firearms can require additional procedures.
Can an assault weapon be inherited in Delaware?
Delaware provides a specific inheritance exception when the decedent lawfully possessed the assault weapon and the heir is otherwise legally eligible to possess it. Additional documentation provisions should also be reviewed.
Firearms in vehicles and interstate travel
Can I have a firearm in my vehicle in Delaware?
Potentially, but the manner in which the firearm is carried can implicate Delaware concealed-carry law. Separate storage requirements apply when a firearm is left unattended in a vehicle. Section 1442(d) also provides a defense to a concealed-deadly-weapon charge when the defendant complied with the vehicle-storage requirements in § 1456(b).
How must an unattended firearm be stored in a vehicle?
Delaware requires an unattended firearm in a vehicle to be secured in a locked box or container, locked firearms rack, or locked trunk. A glove compartment qualifies as a locked container only when it can be manually locked so the firearm is inaccessible to anyone other than the owner or another authorized person.
Can I drive through Delaware with a firearm?
Possibly, but state firearm restrictions and federal interstate-transport law must be considered. Federal FOPA protection is limited and should not be treated as permission to possess or carry the firearm at a Delaware destination.
Can a visitor bring an AR-15 or 30-round magazine into Delaware?
Do not assume so. Delaware’s assault-weapon and large-capacity-magazine restrictions apply to visitors as well as residents unless an applicable statutory exception exists.
Storage, age and court orders
Does Delaware require every gun in my house to be locked in a safe?
Delaware’s general unsafe-storage law is more specific than a universal rule requiring every firearm to remain in a safe. Outside a vehicle, § 1456 addresses loaded firearms or projectile weapons that are left within reach or easy access of an unauthorized person who obtains them, subject to the statute’s other conditions and exceptions. Unattended firearms in vehicles are governed by a separate storage rule.
Can a minor shoot a firearm in Delaware?
Yes, in specified circumstances. Delaware’s under-21 restrictions remain enforceable following the Delaware Supreme Court’s September 8, 2026 decision in Department of Safety and Homeland Security v. Birney, but § 1448 contains exceptions. In addition to supervised lawful hunting, instruction, sporting and recreational activities, 2026 legislation allows qualifying 16- and 17-year-olds to target practice without direct 21+ supervision when a parent or guardian permits the possession and the youth has completed an approved hunter education course. Hunting without that direct supervision additionally requires a valid Delaware hunting license.
Did the 2026 Birney decision eliminate Delaware’s under-21 firearm restrictions?
No. On September 8, 2026, the Delaware Supreme Court reversed the Superior Court and held that the challenged under-21 restrictions did not violate Article I, § 20 of the Delaware Constitution. The statutory restrictions therefore remain enforceable subject to their exceptions.
Who is prohibited from possessing a firearm in Delaware?
Delaware law identifies multiple prohibited-person categories. Criminal history, qualifying Delaware court orders, certain qualifying out-of-state domestic-violence protection orders, and other statutory circumstances can prevent a person from lawfully purchasing, owning, possessing or controlling firearms or ammunition.
Can a Protection From Abuse order affect firearm rights?
Yes. A Delaware PFA order can contain firearm-related restrictions and relinquishment requirements, and a qualifying order can affect a respondent’s legal eligibility to possess firearms. Effective September 14, 2026, HB 342 also expanded Delaware’s prohibited-person law to cover certain qualifying domestic-violence protection orders issued by another state or territory.
What is a Delaware Lethal Violence Protective Order?
An LVPO is a civil court order that can restrict a respondent’s access to firearms when the legal danger standard under Delaware law is established.
Important Delaware firearm-law changes reflected in this FAQ
Ten questions worth remembering
Questions about a firearm purchase or transfer?
Coastal Firearms
DelawareGunLaws.com is supported by Coastal Firearms, a Delaware federally licensed firearms dealer focused on lawful transfers, responsible firearm ownership and education.
Coastal Firearms can assist with firearm purchases, incoming FFL transfers and questions about whether a particular firearm configuration is appropriate for a Delaware retail transfer. Legal questions requiring individualized advice should be directed to a qualified attorney.
Start with official sources
Delaware Department of Justice — CCDW
Concealed-carry information and reciprocity resources.
HS 1 for HB 427 / 85 Del. Laws, c. 430
2026 youth target-practice and hunting exceptions.
HB 418 / 85 Del. Laws, c. 469
2026 ghost-gun and unserialized-firearm amendments.
HB 342 / 85 Del. Laws, c. 508
2026 out-of-state domestic-violence protection-order amendment.
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. These FAQ answers provide general summaries only. Firearm laws can depend on the exact firearm, configuration, magazine, person, transaction, court order, location and other facts. Review the linked detailed guides and current primary sources before relying on a general FAQ answer.
Delaware Firearm Law Library
Browse detailed guides covering firearm purchases, transfers, concealed carry, vehicles, prohibited persons, assault weapons, magazines, NFA firearms and more.