Private Firearm Transfers in Delaware
A plain-English guide to person-to-person firearm sales, gifts, family transfers, dealer background checks, handgun purchaser permits, temporary loans, inheritances and interstate transfers.
Do private firearm transfers require a background check?
Generally, yes. Under 11 Del. C. § 1448B(a)(1), an unlicensed person may not sell or transfer a firearm to another unlicensed person without a background check conducted through a licensed firearms dealer, unless a statutory exception or exclusion applies.
The dealer uses Delaware’s Firearm Transaction Approval Program (FTAP). Under § 1448B(a)(1), the transfer may proceed after the State Bureau of Identification informs the dealer that the transaction may proceed, or after 25 days have elapsed from the background-check request without a denial.
For many Delaware person-to-person firearm transactions, the dealer is the intermediary who performs the required background-check process even though the dealer is not the seller.
Using a dealer for a private transfer
Confirm the dealer’s private-transfer procedure, fee, identification requirements and appointment policy before arriving.
The dealer follows the identification, recordkeeping and private-transfer procedures required by Delaware law and the dealer’s federal obligations.
The dealer submits the transaction through Delaware’s Firearm Transaction Approval Program.
For a handgun, the recipient generally must also have a valid Handgun Qualified Purchaser Permit unless a permit exemption applies.
The firearm is transferred only when the transaction may lawfully proceed under the applicable state and federal requirements.
Coastal Firearms provides firearm-transfer services in Delaware. Contact the store before bringing a firearm in so the required process can be confirmed for your transaction.
Private handgun transfers have an added permit requirement
Section 1448B separately provides that an unlicensed person may not sell or transfer a handgun to another unlicensed person unless the prospective recipient has a valid Handgun Qualified Purchaser Permit issued under § 1448D.
A valid Delaware CCDW holder is not required to obtain the separate handgun purchaser permit. In addition, if the transaction itself falls within a § 1448B(c) exception—such as a qualifying listed family transfer—the private-transfer provisions of § 1448B do not apply to that transaction.
Which family transfers are exempt from § 1448B?
Delaware’s private-transfer statute does not apply when the prospective buyer or transferee has one of the following relationships to the seller or transferor:
If family members reside in different states, federal law generally requires the firearm to be transferred through an FFL in the recipient’s state of residence unless a specific federal exception applies, such as a lawful bequest or intestate succession.
Because family transfers deserve their own analysis, DelawareGunLaws.com also provides a separate guide devoted to gifts, family relationships and inheritance.
Family Firearm Transfer Guide →
When a Delaware-to-Delaware family transaction genuinely falls within § 1448B(c)(1), the section’s dealer-background-check requirement and its private-transfer handgun purchaser-permit requirement do not apply to that family transaction.
Some temporary loans and other transactions are excluded
For purposes of § 1448B, Delaware defines “transfer” broadly but specifically excludes several situations from that definition.
A long-term loan, an unsupervised transfer outside the 14-day provision, or another arrangement that does not fit these statutory terms may be treated differently.
§ 1448B contains additional exceptions
What if the recipient lives in another state?
Federal law generally prohibits an unlicensed person from directly transferring a firearm to an unlicensed person who resides in another state. ATF states that the firearm generally must be sent to a Federal Firearms Licensee in the recipient’s state of residence, where the recipient completes the required dealer transfer process.
Delaware law controls the state transfer procedure
Determine whether § 1448B requires a dealer background check and whether an exception applies.
Federal law adds an interstate FFL requirement
A Delaware family exception or other state-law exception does not by itself authorize a direct interstate transfer between unlicensed residents of different states.
Inheritance is treated differently
Delaware’s definition of “transfer” excludes certain transfers occurring by operation of law or because of a death when the prospective transferor is an executor, administrator of an estate or trustee of a trust created in a will.
Federal law also recognizes an interstate exception for a lawful bequest or acquisition by intestate succession. That exception is narrower than simply giving a firearm to a family member while the owner is alive.
A lifetime gift, a transfer under a will and a transfer through intestate succession can be governed by different rules.
If the inherited firearm is an assault weapon, NFA firearm or other specially regulated firearm, separate Delaware or federal transfer/possession provisions may apply even though the ordinary § 1448B private-transfer rule treats inheritance differently.
Never transfer a firearm to a prohibited person
An exception from § 1448B’s dealer-background-check requirement does not make an otherwise prohibited recipient eligible to possess a firearm. Delaware separately criminalizes knowingly giving, lending, selling or otherwise furnishing a firearm or projectile weapon to a person prohibited under § 1448. Effective September 14, 2026, HB 342 also makes certain qualifying out-of-state domestic-violence protection orders relevant to Delaware’s prohibited-person law.
A family relationship, short-term loan or other exception does not authorize possession by someone who is prohibited under state or federal law.
Should you document an exempt transfer?
Delaware § 1448B does not create a universal state bill-of-sale requirement for every transfer that falls within an exception. Even so, documenting the date, parties, firearm description and basis for the claimed exception can help establish what occurred if questions arise later.
This is a practical recordkeeping suggestion, not a statement that Delaware requires a bill of sale for every exempt transfer.
Frequently asked questions
Can I sell a firearm directly to another Delaware resident?
Generally, a covered transfer between unlicensed Delaware residents must be facilitated through a licensed firearms dealer for the required background check unless a statutory exception applies.
What happens if FTAP does not immediately return a proceed response?
For a covered private transfer under § 1448B(a)(1), the firearm may be transferred after the dealer receives a proceed response from SBI through FTAP, or after 25 days have elapsed from the background-check request without a denial.
Can I give a firearm to my adult child?
A child is one of the relationships listed in Delaware’s family exception to § 1448B. If the parties reside in different states, however, federal interstate-transfer rules generally still require an FFL unless a separate federal exception applies.
Can I loan a firearm to a friend?
Delaware excludes from its § 1448B definition of “transfer” a lawful-purpose loan of 14 days or less by the owner to a person personally known to the owner. Other state and federal restrictions can still apply.
Does a Delaware CCDW holder need the private-transfer background check?
Section 1448B lists transactions in which the prospective buyer holds a current and valid Delaware concealed-carry permit under § 1441 among the exceptions to that section.
Can I directly give a firearm to a relative who lives in another state?
Generally not. Federal law usually requires a transfer to an out-of-state unlicensed recipient to go through an FFL in the recipient’s state. A lawful bequest or intestate succession is a separate federal exception.
Can a prohibited person receive a firearm under a family exception?
No. A transfer exception does not override state or federal prohibitions on firearm possession or receipt.
Official sources
11 Del. C. § 1448B — Private transfers between unlicensed persons
11 Del. C. § 1448A — Dealer background checks and FTAP procedures
11 Del. C. § 1448D — Handgun Qualified Purchaser Permit
11 Del. C. § 1454 — Furnishing a firearm to a prohibited person
HB 342 — Effective Sept. 14, 2026; qualifying out-of-state protection orders under Delaware prohibited-person law
ATF Firearms Questions & Answers — Transfers by unlicensed persons and interstate transfers
DelawareGunLaws.com is an independent educational resource and is not affiliated with the State of Delaware or any government agency. Firearm laws, FTAP procedures, court decisions and agency procedures can change. Verify current primary sources before relying on this information.
Last legal review: September 22, 2026
Family Firearm Transfers in Delaware
Next: gifts between relatives, Delaware’s family exception, inheritance and interstate family transfers.