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Delaware Assault Weapon Laws
Delaware Restricted Firearms Guide

Delaware Assault Weapon Laws

A plain-English guide to Delaware’s restrictions on AR-15-style rifles, other semiautomatic firearms, copycat weapons, fixed magazines, grandfathered firearms, transfers and current court developments.


Current Law
Definitions: 11 Del. C. § 1465
Restrictions: 11 Del. C. § 1466
Certificates: 11 Del. C. § 1467
Effective: June 30, 2022
Last reviewed: Sept. 22, 2026

Important 2026 Court Development

Third Circuit invalidates New Jersey restrictions on semiautomatic rifles

On July 17, 2026, the en banc U.S. Court of Appeals for the Third Circuit held that New Jersey’s ban on the Colt AR-15 violated the Second Amendment and modified the lower-court judgment so that the challenged assault-firearm provisions were unconstitutional with respect to the full class of semiautomatic rifles addressed by the record. The court also held New Jersey’s challenged large-capacity-magazine provisions unconstitutional.

Delaware is within the Third Circuit, so the opinion is important precedent for constitutional challenges involving similar Delaware restrictions. But the case directly adjudicated New Jersey law, not Delaware Code §§ 1465–1467, and the Delaware statutes remain published in the current Delaware Code.

Supreme Court review is also pending

On June 30, 2026, the U.S. Supreme Court granted review in Viramontes v. Cook County and Grant v. Higgins, consolidated cases asking whether the Second Amendment protects possession of commonly owned semiautomatic rifles such as the AR-15. Those cases involve Illinois and Connecticut restrictions, not Delaware law, but the eventual decision may affect the constitutional analysis of Delaware’s statutes.

Start With the Definition

What does Delaware call an assault weapon?

Delaware uses several overlapping categories. A firearm can potentially qualify under more than one.

Category One

Assault Long Guns

Certain rifles, carbines and shotguns specifically listed in Delaware law, together with covered copies.

Category Two

Assault Pistols

Certain specifically identified pistols and other qualifying semiautomatic pistol configurations.

Category Three

Copycat Weapons

Firearms meeting Delaware’s feature, magazine, action or dimensional tests even when not specifically named.

Statutory List

Firearms specifically listed by Delaware

Delaware Code § 1465 identifies numerous firearms as assault long guns and provides that covered copies may also fall within the definition regardless of producer or manufacturer.

Examples include certain:

✓ AK-47-type semiautomatic rifles
✓ Bushmaster semiautomatic rifles
✓ Colt AR-15 and CAR-15 rifles
✓ FN FAL and FN LAR rifles
✓ Certain Galil, HK, SIG, SKS and UZI configurations


The statutory list is longer

Do not rely on a short internet list when evaluating a specific firearm. Review the current Delaware Code and the firearm’s exact model and configuration.


View § 1465 →

AR Platform

AR-15-style rifles in Delaware

AR-platform firearms require particular care because Delaware’s statutory list specifically includes the Colt AR-15, CAR-15, and all imitations, while expressly excluding the Colt AR-15 Sporter H-BAR rifle from that named entry. A firearm that is not captured by the named entry may still require analysis under the separate copycat-weapon definition.


A 10-round magazine does not automatically make an AR-15 legal

Magazine capacity and whether the magazine is detachable are different legal questions. A conventional semiautomatic AR-style rifle can still meet Delaware’s assault-weapon definition even when it is supplied with a 10-round detachable magazine.

AR-style firearms may also be evaluated under Delaware’s separate copycat weapon provisions, including the detachable-magazine feature test.


Delaware-Compliant Options

Looking for a Delaware-compliant AR-platform rifle?

Coastal Firearms offers AR-platform rifles configured for lawful Delaware retail sale, including compliant fixed-magazine and other Delaware-appropriate configurations when available.

Because legality can depend on the exact firearm and configuration, Coastal Firearms reviews the model and compliance setup before offering an AR-platform firearm for sale to a Delaware customer.

Feature-Based Definition

Delaware’s “copycat weapon” test

A firearm does not have to appear on Delaware’s named list to potentially qualify as an assault weapon. Delaware separately regulates certain configurations as “copycat weapons.”


Semiautomatic centerfire rifle + detachable magazine


If the rifle can accept a detachable magazine, the presence of even one qualifying feature can bring it within Delaware’s copycat definition.
Folding or telescoping stock
Qualifying pistol or thumbhole grip
Forward pistol grip
Flash suppressor
Grenade launcher
Flare launcher


Delaware uses a one-feature test

Under this portion of the statute, the rifle does not need several listed features. One qualifying feature can be sufficient.

Overall length

Delaware also separately includes a semiautomatic centerfire rifle with an overall length of less than 30 inches within the copycat-weapon definition.

Compliance Configuration

Fixed-magazine rifles

Delaware distinguishes between detachable and fixed magazines. This distinction is one reason some manufacturers offer fixed-magazine AR-platform rifles for states with restrictive firearm laws.

Configuration
Why it matters

Detachable magazine
Can trigger the semiautomatic centerfire rifle feature test.

Fixed magazine
Evaluated differently under the copycat provisions.

Fixed mag over 17 rounds
Specifically addressed as a copycat configuration.

10-round detachable mag
Capacity alone does not remove the detachable-magazine analysis.


Does a fixed magazine automatically make every AR-style firearm legal?

No automatic conclusion should be made. The complete firearm still needs to be evaluated against Delaware’s named-firearm provisions and other statutory definitions.

Alternative Configuration

Featureless semiautomatic rifles

Some firearms intended for restrictive-state markets are configured without the characteristics that trigger the detachable-magazine feature test.

✓ No qualifying pistol or thumbhole grip
✓ No folding or telescoping stock
✓ No forward pistol grip
✓ No flash suppressor
✓ No grenade or flare launcher
✓ Overall length must also comply with Delaware law

A featureless configuration does not necessarily override a separate named-firearm or copy provision.

Other Rifle Types

Rimfire and manually operated rifles

Rimfire

.22 LR rifles

Delaware’s principal detachable-magazine rifle feature test expressly refers to a semiautomatic centerfire rifle. .22 LR is rimfire ammunition. Separately named firearms and other provisions should still be checked.

Manual Action

Bolt-action AR-style rifles

A genuinely manually operated bolt-action rifle does not meet the semiautomatic element of Delaware’s principal rifle feature test. The complete statutory definition should still be evaluated for the exact firearm.

Other Firearm Types

Pistols and shotguns can also qualify

Semiautomatic Pistols

Detachable-magazine pistol test

A semiautomatic pistol that can accept a detachable magazine is a copycat weapon if it has at least one qualifying characteristic.

• Magazine attaches outside the pistol grip
• Threaded barrel capable of accepting a flash suppressor, forward pistol grip or silencer
• Qualifying barrel shroud
• Second hand grip

Shotguns

Semiautomatic shotgun tests

Delaware’s copycat definition includes a semiautomatic shotgun that has both a folding stock and a qualifying grip, and separately includes a semiautomatic shotgun capable of accepting a detachable magazine.

A shotgun with a revolving cylinder is also included, and separately named shotgun models remain subject to the named-firearm list.

2024 competitive-rimfire-pistol exception

Delaware’s external-magazine-location characteristic does not apply when that characteristic is used with a rimfire pistol solely for a competitive shooting event, or practice for such an event, operated by a state- or nationally recognized competitive shooting organization. The exception is limited; it does not remove the other pistol characteristics from the statute.

Fixed-magazine semiautomatic pistols

A semiautomatic pistol with a fixed magazine capable of accepting more than 17 rounds is separately included in Delaware’s copycat-weapon definition.

§ 1466

What does Delaware law prohibit?

Unless a statutory exception applies, Delaware regulates multiple forms of conduct involving a firearm classified as an assault weapon.

Transport into Delaware
Manufacture
Sell or offer to sell
Transfer
Purchase or receive
Possess

Current statutory penalty

The current text of § 1466(d) states that a violation of § 1466 is a Class D felony.


Do not plan to import a prohibited configuration and modify it afterward

Transporting an assault weapon into Delaware is itself addressed by the statute. Determine the firearm’s lawful configuration before bringing it into the state unless a specific statutory exception applies.

Pre-June 30, 2022

Grandfathered or legacy assault weapons

Delaware provides an exception for qualifying firearms that a person lawfully possessed, or for which the person had completed the purchase, before June 30, 2022.


Authorized possession and transport are subject to statutory conditions.

✓ Owner’s residence
✓ Owner’s place of business
✓ Property owned by the owner
✓ Property where express permission has been given
✓ Qualifying shooting ranges
✓ Certain exhibitions and educational activities
✓ Transportation between authorized locations under the statutory conditions

Voluntary Certificate of Possession

Delaware created a voluntary Certificate of Possession procedure for qualifying firearms lawfully possessed before the effective date. The original application deadline for an existing owner was June 30, 2023.

No certificate does not automatically eliminate the grandfather defense

Section 1467(b) separately provides an affirmative defense in a § 1466 prosecution when the defendant lawfully possessed, or had completed a purchase of, the assault weapon before June 30, 2022. A certificate is conclusive evidence of that qualifying pre-ban status, but the statute does not make possession of a certificate the only way to assert the affirmative defense.

Original application deadline

June 30, 2023, for an existing owner seeking a certificate for a qualifying pre-ban firearm.

Grandfathered Assault Weapons

Transportation requires secure storage

A qualifying pre-June 30, 2022 assault weapon may be transported between the locations authorized by § 1466(c)(3), or to a licensed firearms dealer for servicing or repair, only when the assault weapon is placed in secure storage.

What “secure storage” means here

Section 1465 defines secure storage as a firearm stored in a locked container or equipped with 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.

Section 1466 also separately permits secure transport to or from certain accredited ballistics laboratories and facilities engaged in testing or engineering for protective equipment or vehicle-protection systems.

Legacy Firearms

Family transfers and inheritance

Family Transfer

Transfer to a family member

Delaware contains a specific family-transfer provision for a qualifying assault weapon when the transferor lawfully possesses it and the recipient is otherwise legally permitted to possess the firearm.

Inheritance

Inherited firearms

The statute also addresses qualifying firearms inherited or received through a lawful family transfer. Under § 1467(d), the lawful recipient may apply for a certificate of possession within 60 days after taking possession.

Statutory Exceptions

Dealers, law enforcement, military and other exceptions

Delaware law contains exceptions for specified persons, agencies and transactions. These are limited statutory exceptions rather than a general exemption from the assault-weapon law.

✓ Certain United States government personnel
✓ Armed Forces and National Guard personnel under qualifying circumstances
✓ Law-enforcement officers under statutory circumstances
✓ Certain retired law-enforcement officers
✓ Certain dealer and manufacturer transactions
✓ Certain out-of-state transactions
✓ Certain repair, servicing and warranty activities


Does a Delaware CCDW exempt the holder?

A Delaware CCDW is not listed in § 1466 as a general exemption from Delaware’s assault-weapon restrictions. A CCDW can affect other areas of Delaware firearm law, but it should not be treated as authorization to possess or acquire an assault weapon prohibited by § 1466.

Separate Restriction

Delaware magazine laws are separate

Delaware’s assault-weapon restrictions and large-capacity-magazine restrictions are related but separate areas of law.

17 Rounds or Fewer

Not large-capacity solely by capacity

Other firearm and magazine restrictions may still apply.

More Than 17 Rounds

Large-capacity magazine definition

Subject to the statute’s definitions and applicable exceptions.


A legal-capacity magazine does not make a prohibited firearm legal

A 10-round or 17-round magazine does not by itself change an otherwise prohibited assault-weapon configuration into a lawful firearm.

Constitutional Litigation

Current 2026 federal court status

In Association of New Jersey Rifle and Pistol Clubs v. Attorney General of New Jersey, the en banc Third Circuit issued a precedential opinion on July 17, 2026. The court held New Jersey’s Colt AR-15 ban unconstitutional and extended that result to the full class of semiautomatic rifles supported by the record. It also held New Jersey’s challenged large-capacity-magazine provisions unconstitutional.

The Third Circuit remanded for further proceedings involving other models and types of firearms covered by New Jersey’s assault-firearm provisions. The opinion did not directly adjudicate Delaware §§ 1465–1467.


Why this matters to Delaware

Delaware is in the Third Circuit, so the ruling is important precedent in constitutional litigation involving similar semiautomatic-rifle restrictions. Until a Delaware court or other binding legal action changes the status of Delaware’s statutes, however, §§ 1465–1467 remain part of the published Delaware Code.

U.S. Supreme Court cases pending

The Supreme Court granted review on June 30, 2026 in Viramontes v. Cook County and Grant v. Higgins. The consolidated cases concern whether the Second Amendment protects possession of semiautomatic rifles such as the AR-15. As of this page’s September 22, 2026 review date, those cases remain pending.

Local Resource

Delaware-compliant firearms and transfers

Coastal Firearms

DelawareGunLaws.com is supported by Coastal Firearms, a Delaware firearms business focused on lawful transfers, responsible ownership, education and compliance.

Coastal Firearms carries Delaware-compliant AR-platform rifles and can help customers identify firearms designed or configured for lawful Delaware retail sale. Inventory and compliant configurations vary.


Visit Coastal Firearms →

FAQ

Frequently asked questions

Are AR-15 rifles legal in Delaware?

Many conventional semiautomatic AR-15-style rifles fall within Delaware’s assault-weapon definitions. The exact model and configuration matter, and specially configured fixed-magazine, manually operated or other compliant firearms require analysis under the complete statute.

Does a 10-round magazine make an AR-15 Delaware compliant?

No. A 10-round detachable magazine does not eliminate Delaware’s detachable-magazine feature test or the separately named-firearm provisions.

Is a fixed-magazine AR-platform rifle legal in Delaware?

A fixed-magazine configuration can materially change the statutory analysis, but it should not automatically be assumed that every AR-style firearm becomes lawful merely because a fixed-magazine device has been installed. The exact firearm and configuration should be evaluated.

Where can I find a Delaware-compliant AR-platform rifle?

Coastal Firearms offers Delaware-compliant AR-platform rifles when available and reviews the firearm and compliance configuration before offering it for Delaware retail sale.
Visit Coastal Firearms →

Are .22 LR AR-style rifles treated the same as centerfire rifles?

Delaware’s principal detachable-magazine rifle feature test specifically refers to semiautomatic centerfire rifles. .22 LR is rimfire ammunition. Separately named firearms and other statutory provisions should still be considered.

Can I bring my AR-15 into Delaware when I move here?

Do not assume that you can. Delaware law addresses transporting an assault weapon into the state. Determine whether the firearm is lawful or an exception applies before bringing it into Delaware.
See the Moving to Delaware guide →

Can a grandfathered assault weapon be transferred to family?

Delaware contains a specific provision allowing a qualifying lawfully possessed assault weapon to be transferred to a family member when the statutory requirements are satisfied.

Did I lose grandfathered status if I did not obtain a Certificate of Possession?

Not necessarily. The original certificate application deadline for an existing owner was June 30, 2023, but § 1467(b) separately makes qualifying lawful possession or a completed purchase before June 30, 2022 an affirmative defense. A certificate is conclusive evidence of that status.

Does my Delaware CCDW exempt me from the assault-weapon law?

No general CCDW exemption appears in § 1466. A Delaware CCDW should not be treated as authorization to possess, purchase, receive or transport an assault weapon when § 1466 otherwise prohibits that conduct.

Did the July 2026 Third Circuit ruling overturn Delaware’s law?

No. The July 17, 2026 opinion directly decided challenges to New Jersey’s statutes. It is important Third Circuit precedent for Delaware, but it did not itself repeal or amend Delaware Code §§ 1465–1467. Separate Supreme Court review of AR-15 bans is also pending in Viramontes and Grant.


84 Del. Laws, c. 312 — 2024 competitive-rimfire-pistol amendment to § 1465


Third Circuit — ANJRPC v. Attorney General of New Jersey — July 17, 2026 en banc opinion


U.S. Supreme Court — Viramontes / Grant — Consolidated semiautomatic-rifle cases, certiorari granted June 30, 2026


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. Firearm laws, regulations, court decisions and agency procedures can change. The legality of a firearm can depend on its exact model, configuration, date of acquisition, owner, transaction and circumstances. Verify current primary sources before relying on this information.

Last reviewed: September 22, 2026

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Delaware Magazine Laws

Next: understand Delaware’s 17-round threshold, exemptions, transfers and how magazine restrictions interact with firearm configuration.


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