Persons Prohibited From Firearm Possession in Delaware
A practical guide to Delaware’s persons-prohibited law, including felony convictions, drug convictions, domestic violence, protection orders, mental-health prohibitions, juvenile adjudications, ammunition, purchase-only restrictions and relief from disabilities.
What does “person prohibited” mean in Delaware?
Section 1448 identifies categories of people who may not purchase, own, possess or control deadly weapons or ammunition for a firearm in Delaware. A violation can be a felony and can carry mandatory incarceration in some circumstances.
Delaware §1454 separately makes knowingly furnishing a firearm or projectile weapon to a person prohibited a Class F felony.
Felonies and crimes of violence
A person convicted in Delaware or another jurisdiction of a felony or a crime of violence involving physical injury to another person falls within §1448(a)(1), whether or not a weapon was used during that offense.
The statute is not limited to Delaware convictions. Convictions from other jurisdictions can create Delaware firearm disabilities.
Drug convictions can create a firearm prohibition
Section 1448(a)(3) includes a person convicted of unlawful use, possession or sale of specified narcotics, dangerous drugs or controlled substances.
This is distinct from §1448(a)(9), which addresses simultaneous possession of certain firearms and specified controlled substances in particular circumstances.
Certain misdemeanor domestic-violence convictions prohibit possession
Section 1448(a)(7) applies to specified misdemeanor offenses when the offense was committed against a qualifying family member, former spouse, cohabitant, person with a child in common or person in a qualifying dating relationship.
Not every misdemeanor involving an argument between people creates the same firearm consequence. The conviction and qualifying relationship must be analyzed under the statute.
Protection orders and lethal-violence orders
Delaware Courts notes that PFA protective provisions can include no firearms, ammunition or deadly weapons.
Certain commitments and adjudications can create a prohibition
Section 1448(a)(2) includes certain people who have been involuntarily committed for a mental condition, found not guilty by reason of insanity or guilty but mentally ill for a crime of violence, found mentally incompetent to stand trial for a crime of violence, or made subject to an order of relinquishment under §1448C.
Delaware has a Relief from Disabilities Board process for certain state mental-health-related firearm disabilities under §1448A(l).
Juvenile adjudications and handgun possession
Some §1448 restrictions apply specifically to purchasing
Current §1448(a)(12) prohibits a person from purchasing a firearm when the person knows they are the subject of an outstanding arrest warrant, post-arrest charges, active indictment or information for a felony, or for a qualifying misdemeanor crime of domestic violence.
This paragraph is written as a purchase prohibition. Whether the person is also prohibited from possession depends on other applicable state or federal provisions.
Delaware’s 5-year rule
Section 1448(d) provides that a person who is prohibited solely because of a conviction for an offense that is not a felony is no longer prohibited under §1448 after 5 years have elapsed from the date of conviction.
A Delaware state prohibition ending after 5 years does not automatically establish federal eligibility. Federal law must be analyzed separately.
Federal prohibited-person law applies independently
The federal Gun Control Act, 18 U.S.C. §922(g), separately prohibits certain categories of people from shipping, transporting, receiving or possessing firearms or ammunition. ATF identifies categories that include felons, certain fugitives, unlawful users of or persons addicted to controlled substances, qualifying mental-health adjudications or commitments, certain noncitizens, dishonorable discharges, renunciants of U.S. citizenship, qualifying restraining orders and qualifying misdemeanor domestic-violence convictions.
A person who is eligible under Delaware law may still be prohibited federally, and vice versa. Firearm eligibility should never be determined from only one statute.
Can firearm rights ever be restored?
There is no single restoration procedure that applies to every Delaware prohibited-person category. The available path depends on why the person is prohibited.
Before possessing or attempting to purchase a firearm after a prior prohibition, obtain a clear legal determination that both Delaware and federal disabilities have been removed.
Frequently asked questions
Does every felony prohibit firearm possession in Delaware?
Section 1448(a)(1) applies to a person convicted in Delaware or another jurisdiction of a felony or crime of violence involving physical injury to another person.
Can a misdemeanor domestic-violence conviction prohibit possession?
Yes, when the offense and relationship fall within §1448(a)(7). Federal law may also independently apply.
Does a PFA order prohibit firearms?
A person who knows they are subject to a qualifying Family Court protection-from-abuse order is prohibited under §1448(a)(6) while the order remains effective, subject to the paragraph’s statutory limitations.
Does §1448 prohibit ammunition too?
Yes. Section 1448 generally prohibits covered persons from purchasing, owning, possessing or controlling deadly weapons or ammunition for a firearm.
Does a non-felony prohibition always last forever?
No. Section 1448(d) provides a 5-year rule when the person is prohibited solely because of a conviction for an offense that is not a felony. Federal law may still differ.
Can a prohibited person simply have someone else buy the firearm?
No. Delaware separately criminalizes firearm transactions conducted on behalf of a person who is not legally qualified to purchase, own or possess the firearm, and federal straw-purchase laws may also apply.
Official sources
11 Del. C. §1448 — Delaware persons-prohibited statute
11 Del. C. §1448A — Background-check provisions and Relief from Disabilities Program
11 Del. C. §1454 — Furnishing a firearm to a person prohibited
Delaware Courts — Protection From Abuse — Current PFA information
Title 10, Chapter 77 — Lethal Violence Protective Orders
ATF — Identify Prohibited Persons — Federal 18 U.S.C. §922(g) categories
Firearm eligibility can depend on exact convictions, court orders, dates, mental-health adjudications, juvenile history, federal status and subsequent legal relief. DelawareGunLaws.com is an independent educational resource. Do not possess, purchase or attempt to obtain a firearm based solely on a general summary when your eligibility is uncertain.
Last legal review: August 8, 2026
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