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Delaware Firearm Classification Law

Restricted Firearms in Delaware

A practical guide to Delaware’s statutory “assault weapon” restrictions, including named firearms, feature-based copycat definitions, grandfathered possession, transportation, family transfers, inheritance and related magazine rules.

Current Statute
Definitions§ 1465
Prohibition§ 1466
Grandfather dateJune 30, 2022
CertificateVoluntary
Last reviewedAug. 8, 2026

1

Named models are only part of the lawDelaware also regulates feature-based “copycat weapons.”
2

Pre-June 30, 2022 possession mattersLawfully possessed or completed purchases before that date receive grandfather treatment.
3

Magazine capacity is a separate issueA firearm can avoid §1465 yet still involve a magazine prohibited by §1469.

The Basic Rule

What does Delaware prohibit?

Except where an exception applies, § 1466 makes it unlawful to transport an “assault weapon” into Delaware or to manufacture, sell, offer to sell, transfer, purchase, receive or possess one.

The statutory definition is important because Delaware does not regulate only firearms marketed under a particular label. A firearm may qualify because it is a specifically named model, a copy of one of those models, or a feature-based “copycat weapon.”

Do not rely on the manufacturer’s marketing name

A rifle, pistol or shotgun does not become Delaware-legal merely because its manufacturer does not call it an “assault weapon.” The statutory configuration controls.

Classification

Three ways a firearm can fall within Delaware’s definition

Category 1

Named assault long gun

§1465 lists specific long guns and copies, including AK-47 forms, certain AR-15/CAR-15 variants and many other named models.

Category 2

Named assault pistol

The statute separately lists specific pistols and copies, including certain MAC, TEC, UZI and other models.

Category 3

Feature-based copycat weapon

A firearm may qualify based on semiautomatic operation, magazine type, overall length and specified external features.

Because the named-model list is lengthy, the official §1465 text should be checked directly for a specific firearm rather than relying on a shortened web list.

Semiautomatic Rifles

Feature-based rifle restrictions

A semiautomatic centerfire rifle that accepts a detachable magazine is a Delaware “copycat weapon” if it has at least one of the listed features below.

✓ Folding or telescoping stock
✓ A qualifying pistol grip, thumbhole stock or similar grip configuration
✓ Forward pistol grip
✓ Flash suppressor
✓ Grenade launcher or flare launcher

The definition also independently includes a semiautomatic centerfire rifle with an overall length of less than 30 inches, and a semiautomatic centerfire rifle with a fixed magazine capable of accepting more than 17 rounds.

Semiautomatic Pistols

Feature-based pistol restrictions

A semiautomatic pistol that accepts a detachable magazine can qualify as a copycat weapon when it has at least one specified feature.

✓ Detachable magazine attaching outside the pistol grip, subject to the statute’s limited competitive-rimfire provision
✓ Threaded barrel capable of accepting a flash suppressor, forward pistol grip or silencer
✓ Barrel shroud of the type described in §1465
✓ Second hand grip

A semiautomatic pistol with a fixed magazine capable of accepting more than 17 rounds is also included in the copycat definition.

Shotguns

Which shotgun configurations can qualify?

Semiautomatic shotgun: folding or telescoping stock together with the grip configuration described in §1465.
Semiautomatic shotgun: ability to accept a detachable magazine.
Any shotgun: revolving cylinder.
Pump-action does not automatically mean unrestricted

The named “assault long gun” list separately includes particular firearm models. Always check both the named list and the feature-based definitions.

Pre-2022 Firearms

What if the firearm was lawfully owned before June 30, 2022?

A person who lawfully possessed, or had completed a purchase of, an assault weapon before June 30, 2022 may continue to possess and transport that firearm subject to §1466’s restrictions.

Grandfathered possession is not unrestricted possession

The statute specifies where a grandfathered firearm may be possessed and how it may be transported. The owner should not treat pre-2022 status as a blanket exemption from every part of §1466.

Grandfathered Transport

Where may a grandfathered assault weapon be possessed and transported?

Section 1466 permits qualifying grandfathered possession at specified places, including the person’s residence, place of business or other property owned by the person; property belonging to another person with that owner’s express permission; and shooting ranges.

Secure storage is required for specified transport

When §1466 authorizes transport between the listed places or to a licensed dealer for service or repair, the statute requires the assault weapon to be placed in “secure storage,” as defined in §1465.

“Secure storage” generally means a locked container or a properly engaged tamper-resistant mechanical lock or other safety device that renders the firearm inoperable by anyone other than the owner or another lawfully authorized user.

Transfers After Grandfathering

Family transfers and inheritance

Section 1466 contains special provisions allowing certain lawfully grandfathered assault weapons to pass by inheritance or to a family member, provided the statutory conditions are met and the recipient is otherwise legally permitted to possess the firearm.

InheritanceThe statute exempts receipt and possession by inheritance if the decedent lawfully possessed the firearm and the inheritor is not prohibited.
Family transferA grandfathered owner may transfer ownership to a member of the owner’s “family,” as defined by Delaware law, if the statutory requirements are satisfied.

These rules are more specialized than the general private-transfer family exception. Review §1466 and §1467 directly before transferring a grandfathered firearm.

Family Firearm Transfers Guide →

Proof of Grandfathered Status

Delaware’s voluntary certificate of possession

Section 1467 created a voluntary certificate of possession for qualifying grandfathered assault weapons. The original application deadline for owners was June 30, 2023.

A certificate is conclusive evidence that the person lawfully possessed or completed the purchase of the assault weapon before June 30, 2022. Even without a certificate, lawful pre-June 30, 2022 possession or completed purchase is an affirmative defense under the statute.

New certificate window for certain recipients

A person who lawfully inherits or receives a qualifying weapon from a family member may apply for a certificate within 60 days after taking possession, subject to §1467’s proof requirements.

Separate Magazine Law

Do not stop the analysis at the firearm itself

Delaware separately defines a “large-capacity magazine” generally as an ammunition feeding device capable of accepting, or readily convertible to hold, more than 17 rounds. Section 1469 generally prohibits manufacture, sale, purchase, receipt, transfer and possession unless an exception applies.

Firearm legality and magazine legality are separate questions

A firearm may not qualify as an assault weapon but may be packaged with or designed to use a magazine that raises a separate Delaware legal issue.

The next guide covers the magazine law and its exemptions in detail.

Delaware Magazine Laws →

Court Developments

The constitutional litigation landscape is developing

Delaware’s statutes remain published in the Delaware Code. Federal litigation has challenged Delaware’s assault-weapon and magazine restrictions, and recent appellate decisions involving similar laws can affect future litigation. Readers should verify both the current statutory text and any current court order before making a high-stakes possession or transfer decision.

FAQ

Frequently asked questions

Are all AR-style rifles prohibited in Delaware?

Do not decide by appearance alone. §1465 contains both named models/copies and feature-based definitions. A specific firearm must be evaluated against the actual statutory language and any applicable exceptions.

Does one prohibited rifle feature matter?

For a semiautomatic centerfire rifle that accepts a detachable magazine, §1465’s copycat definition is triggered by at least one of its listed features.

Can I bring a newly purchased assault weapon into Delaware?

Section 1466 generally prohibits transporting an assault weapon into Delaware unless an exception applies.

Can I keep one I lawfully owned before June 30, 2022?

The statute provides grandfather treatment for a person who lawfully possessed or had completed a purchase before June 30, 2022, but possession and transportation remain subject to §1466’s conditions.

Was registration mandatory for grandfathered owners?

No. §1467 describes the certificate of possession as voluntary. It provides conclusive evidence of qualifying pre-ban possession, while qualifying pre-ban possession itself is an affirmative defense.

Does a Delaware CCDW exempt someone from the assault-weapon restriction?

A general CCDW-holder exemption does not appear in §1466’s assault-weapon exceptions. Do not confuse this with Delaware’s large-capacity-magazine statute, which separately lists valid Delaware CCDW holders among its exemptions.

Legal information, not legal advice.

Firearm classification under §1465 can turn on exact model, operating system, magazine configuration, dimensions and individual features. DelawareGunLaws.com is an independent educational resource. Verify the current statute and applicable court orders before acquiring, transferring, modifying, transporting or possessing a firearm whose classification is uncertain.

Last legal review: August 8, 2026

Continue Reading

Delaware Magazine Laws

Next: the 17-round threshold, CCDW exemption, dealer rules, permanently modified magazines and penalties.

Magazine Law Guide →