Firearm Discharge Laws in Delaware
Owning land or lawfully possessing a firearm does not automatically make it lawful to fire the gun. Delaware regulates shooting near public roads and occupied buildings, allows counties and municipalities to adopt firearm-discharge ordinances, and imposes separate rules for hunting, target shooting, public lands and dangerous gunfire.
Important
Hunting: 100-yard dwelling safety zone
Local government: May regulate discharge
Certain structures: Shooting toward them can be a felony
There is no single “Can I shoot here?” rule
The answer can depend on state law, the distance from a public roadway, nearby buildings, whether you are hunting, the county or municipality, the type of property and whether the location has its own firearm-discharge rules.
Public Roads
Delaware generally prohibits firearm discharge on or within 15 yards of a public road or right-of-way.
100-Yard Safety Zone
Special restrictions apply while hunting or trapping near occupied homes and associated buildings.
County or Town Rules
Counties and municipalities are specifically authorized to regulate firearm discharge.
Direction of Fire Matters
Knowingly or intentionally firing toward certain occupied or public-use structures can constitute a felony.
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Can you shoot a firearm on your own property in Delaware?
Possibly—but owning the property is not enough by itself.
Before discharging a firearm, you must consider statewide restrictions, public roads and rights-of-way, surrounding buildings, applicable county or municipal ordinances and any special rules governing the property.
Delaware does not treat firearm possession and firearm discharge as the same legal issue. A person may lawfully possess a firearm on property where firing it would nevertheless violate state or local law.
Firearm discharge near public roads and rights-of-way
15-yard rule
Delaware law generally prohibits discharging a firearm or projectile weapon while on or within 15 yards of a public road or public right-of-way.
The statute contains an exception for lawful self-defense and a separate exception involving roads or rights-of-way within certain lands controlled by DNREC, the Delaware Department of Agriculture or the U.S. Department of the Interior when the responsible agency has designated the area as open to hunting or trapping.
Do not shoot across a public road
Section 719 also prohibits shooting at a wild bird or wild animal while it is on a public road and prohibits shooting across a public road or right-of-way at wildlife.
Shooting toward homes, vehicles, businesses and schools
This can be a Class E felony.
Delaware makes it unlawful to knowingly or intentionally discharge a firearm toward certain protected structures or locations.
Lawful shooting ranges are specifically distinguished
For purposes of § 1460A, the statutory definition of a “place of business” does not include a shooting range or another business whose purpose is to provide a venue for lawful firearm practice or other lawful firearm uses.
Counties and municipalities may regulate firearm discharge
Delaware generally prevents county and municipal governments from creating their own laws regulating firearm ownership, transfer, possession and transportation.
But discharge is expressly different.
Both Delaware’s county and municipal preemption statutes expressly allow local governments to regulate the discharge of firearms.
This means a person cannot determine whether target shooting is lawful merely by reading the statewide firearm-possession laws. The ordinance governing the exact property can matter.
Local discharge ordinances must preserve Delaware justification defenses
The county and municipal statutes require a firearm-discharge ordinance to incorporate the justification defenses contained in Title 11 of the Delaware Code.
Determine whether the property is inside an incorporated municipality
The applicable local law can depend on whether the property is inside the limits of a city or town or is located in an unincorporated portion of a county.
Check County Rules
Review the applicable county ordinance together with statewide law.
Check Municipal Code
An incorporated municipality can have its own firearm-discharge ordinance.
Do not assume a Sussex, Kent or New Castle County rule answers every question inside a municipality
Check the exact jurisdiction and current ordinance before establishing a private shooting area.
The 100-yard safety zone while hunting or trapping
While hunting or trapping wild birds or wild animals, Delaware establishes a safety zone around occupied dwellings and certain related buildings.
100 yards
Except for the owner or occupant—or someone who has permission from the owner or occupant—a person may not discharge a firearm or airgun within 100 yards of an occupied dwelling, house or residence, or a barn, stable or other building used in connection with it, while hunting or trapping.
The statute also prohibits shooting at a wild bird or animal while it is inside that safety zone without the specific advance permission required by the statute.
This is a hunting and trapping safety-zone provision
Do not automatically treat the 100-yard hunting rule as the only distance requirement governing recreational target shooting. Other state and local rules can apply.
Know where the projectile will land
Section 723 also restricts discharging a firearm or projectile weapon so that a shot, slug, bullet, arrow, crossbow bolt, spear or other projectile lands on an occupied dwelling, residence or associated barn, stable or building unless the shooter is the owner or occupant or has the required permission.
A property line is not a backstop
Responsible firearm discharge requires a safe direction, a reliable backstop and knowledge of what lies beyond the target.
Unsafe gunfire can also constitute reckless endangering
A shooter can face criminal liability even when no specific local discharge ordinance is the central issue.
Risk of Physical Injury
Recklessly creating a substantial risk of physical injury to another person can constitute reckless endangering in the second degree, a Class A misdemeanor.
Risk of Death
Recklessly creating a substantial risk of death to another person constitutes reckless endangering in the first degree, a Class E felony.
“No one was hit” does not necessarily mean no crime occurred
Reckless-endangering statutes focus on the substantial risk created by the conduct, not only on whether someone was actually injured.
What about firing a firearm in lawful self-defense?
A defensive shooting is legally different from recreational firearm discharge. Delaware’s justification statutes determine when force or deadly force may lawfully be used to protect oneself or another person.
Local discharge ordinances must account for lawful justification
Delaware’s county and municipal preemption statutes specifically require firearm-discharge ordinances to incorporate the justification defenses found in Title 11.
Section 719 also expressly identifies lawful self-defense as an exception to its general prohibition on firearm discharge on or within 15 yards of a public road or right-of-way.
Do not assume a “warning shot” is legally harmless
Discharging a firearm during a confrontation can implicate Delaware’s justification, reckless-endangering and firearm-discharge statutes.
Every discharged round must go somewhere
A person should not assume that intentionally firing away from an aggressor automatically avoids criminal liability. The justification for the discharge and the danger created by the projectile remain relevant.
Target shooting is prohibited on state wildlife areas
Lawful firearm possession does not mean lawful firearm discharge.
DNREC allows firearms on wildlife areas except designated prohibited areas, but prohibits firearm discharge unless the person is lawfully hunting. Target shooting is prohibited at all times.
Individual wildlife areas can also have area-specific regulations, so hunters should check the current DNREC map and rules for the particular tract.
Lawful hunting has its own firearm-discharge rules
Hunting involves additional restrictions concerning season, method of take, firearm type, shooting hours, safety zones, public roads, vehicles and public lands.
A lawful place to target shoot is not automatically a lawful place to hunt—and vice versa
Different statutes and regulations control the two activities.
Do not fire at wildlife from a vehicle
Delaware § 707 generally prohibits shooting at or killing protected wildlife with a firearm or projectile weapon while occupying a motor vehicle, motorboat, sailboat or piece of farm machinery.
The statute contains a limited exception involving the lawful hunting of crippled migratory birds from a motorboat as permitted by federal law.
Establishing a shooting range has additional requirements
Delaware has a separate statute governing a gallery, booth or other convenience maintained for target shooting or firearm trials of skill in certain locations.
Within a town or city, within 300 yards of a road or public passway, or at a place of public resort
Section 903 requires the covered shooting facility to have protective enclosure meeting the statute’s requirements so bullets or shot cannot escape.
A regular shooting facility can raise zoning and land-use issues
Using property occasionally for lawful recreational shooting is not necessarily the same thing as operating or establishing a shooting range.
Commercial or organized ranges should be reviewed separately
Zoning approvals, land-use restrictions, range construction standards, environmental considerations, insurance and local conditions can become relevant in addition to firearm-discharge law.
Do not shoot while impaired
Delaware criminal law separately prohibits possession of a firearm or projectile weapon in a public place while under the influence under the circumstances specified in § 1460.
Shooting ranges and public lands can also impose their own intoxication restrictions.
Private-property shooting checklist
Common Delaware discharge scenarios
Large Rural Property
Owning several acres does not automatically make discharge lawful. Road distance, nearby structures and local ordinances still need to be checked.
Backyard in a Development
Dense residential development creates obvious safety concerns and may be covered by local discharge restrictions even when firearm possession inside the home is lawful.
Hunting With Neighbor’s Permission
Permission from the owner or occupant can affect the 100-yard hunting safety-zone provision, but the hunter must still comply with all other hunting and discharge laws.
Authorized Shooting Range
Lawful ranges operate under a separate regulatory, safety and land-use framework and should not be treated like informal backyard target shooting.
Use an established range when the location is uncertain
Coastal Training Group
An established shooting range provides a controlled environment designed around safe firearm discharge, backstops, shooting lanes and supervised firearm handling.
Coastal Training Group provides Delaware firearm-safety and defensive-firearm training with an emphasis on safe handling, responsible decision-making and lawful firearm use.
Frequently asked questions
Can I shoot a gun on my own property in Delaware?
Possibly. Property ownership by itself is not enough. You must consider Delaware’s statewide discharge restrictions, public roads, nearby structures, county or municipal ordinances and any special rules governing the property.
How far must I be from a public road to shoot?
Delaware § 719 generally prohibits discharge of a firearm or projectile weapon while on or within 15 yards of a public road or right-of-way. The statute contains exceptions for lawful self-defense and certain designated public hunting or trapping areas.
Can I shoot across a road?
Section 719 specifically prohibits shooting across a public road or right-of-way at a wild bird or wild animal. Other criminal and safety laws can also apply to dangerous shooting across a roadway.
How far must I be from a house when hunting?
Delaware § 723 generally establishes a 100-yard safety zone around an occupied dwelling, house, residence and associated buildings while hunting or trapping. The owner, occupant or someone with the required permission is treated differently under the statute.
Does the 100-yard rule apply to all target shooting?
Do not assume that. Section 723’s 100-yard provision is specifically written around hunting or trapping. Recreational target shooting must be evaluated under other applicable state and local laws.
Can Sussex, Kent or New Castle County regulate where I shoot?
Yes. Delaware expressly permits county governments to regulate firearm discharge even though counties are generally preempted from regulating firearm ownership, transfer, possession and transportation.
Can a Delaware town prohibit firearm discharge?
Municipalities are expressly authorized to regulate firearm discharge. The applicable municipal ordinance must be reviewed for the particular location.
Is it illegal to fire toward a house in Delaware?
Section 1460A makes it unlawful to knowingly or intentionally discharge a firearm toward a dwelling and several other protected locations. A violation is a Class E felony. An actual defensive shooting requires separate analysis under Delaware’s justification statutes.
Can I target shoot on a Delaware wildlife area?
No under DNREC’s general wildlife-area rules. Firearm discharge is prohibited unless lawfully hunting, and target shooting is prohibited at all times.
Can unsafe target shooting be reckless endangering even if nobody gets hurt?
Yes. Delaware’s reckless-endangering statutes focus on whether the conduct recklessly created a substantial risk of physical injury or death. Actual injury is not required by those definitions.
Does a Delaware CCDW license let me shoot somewhere discharge is otherwise prohibited?
No. A CCDW license concerns concealed carry. It does not create general permission to discharge a firearm where shooting is otherwise prohibited.
Related Delaware firearm-law topics
Official sources
Legal information, not legal advice.
DelawareGunLaws.com is an independent educational resource and is not affiliated with DNREC, any Delaware county, municipality or law-enforcement agency. Firearm-discharge law is highly location-specific. Property ownership alone does not establish that recreational firearm discharge is lawful. Before firing a firearm on private property, verify current Delaware law and the ordinance governing the exact county or municipality where the property is located.
Delaware Shooting Range & Target Shooting Laws
Learn the additional rules governing private target shooting, shooting ranges, public wildlife areas and authorized Delaware shooting facilities.