Delaware Firearm Laws for Nonresidents
A practical guide for visitors and out-of-state residents bringing, carrying or purchasing firearms in Delaware, including interstate handgun transfers, long-gun purchases, concealed carry reciprocity, vehicle transport, assault weapons and magazine restrictions.
Nonresident Rule
Rifles/shotguns: Interstate FFL sale may be possible
Carry: Delaware recognition required
Delaware firearm restrictions: Apply to visitors
Being legal at home is not enough
Once you enter Delaware, Delaware firearm-possession, magazine, carry and restricted-location laws can apply even though you remain a resident of another state.
Handguns
A nonresident may purchase a handgun from a Delaware dealer, but the handgun generally must be shipped to an FFL in the buyer’s state of residence for the actual transfer.
Rifles & Shotguns
Federal law permits certain over-the-counter long-gun sales to nonresidents when the transaction complies with federal law and the laws of both states.
Check the Firearm First
Delaware prohibits certain assault weapons and large-capacity magazines. A visitor does not receive a general exemption merely because the item is legal in another state.
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Delaware law applies while you are in Delaware
A firearm, magazine or method of carrying that is lawful in your home state is not automatically lawful in Delaware. Before traveling with a firearm, check the firearm itself, magazine capacity, carry method, vehicle storage and destination.
Can a nonresident bring a firearm into Delaware?
Delaware does not impose a general registration requirement simply because a lawful visitor enters the state with an ordinary firearm.
However, the firearm and any magazines must themselves be lawful under Delaware law, and the way the firearm is carried, transported or stored must comply with the rules applicable to that situation.
Check before crossing the state line
This is particularly important for AR-15-style rifles and other firearms that may fall within Delaware’s assault-weapon definitions, and for magazines capable of accepting more than 17 rounds.
Can a nonresident buy a handgun in Delaware?
A nonresident may arrange to purchase a handgun from a Delaware firearms dealer, but federal law generally prevents the Delaware dealer from transferring possession of that handgun directly to an ordinary nonresident customer.
Your home-state FFL completes the transfer
The receiving FFL in the buyer’s state of residence completes the required federal transfer paperwork and background check and must follow the laws applicable to that transfer.
Can a nonresident buy a rifle or shotgun in Delaware?
Federal law permits an FFL to make an over-the-counter sale of a complete rifle or shotgun to a resident of another state when the transaction complies with federal law, Delaware law and the laws of the buyer’s state of residence.
Direct pickup may be possible
Unlike an interstate handgun transaction, a qualifying rifle or shotgun transaction may be completed directly by the Delaware dealer when all applicable requirements of both states are satisfied.
Frames and receivers are different
The federal interstate long-gun exception applies to complete rifles and shotguns. A frame or receiver that is not configured as a complete rifle or shotgun does not qualify for that over-the-counter exception.
Does a nonresident need a Delaware Handgun Qualified Purchaser Permit?
No.
Delaware State Police states that nonresidents do not apply for the Delaware handgun purchaser permit because federal law requires their handgun transfer to occur through an FFL in their state of residence.
Can a nonresident carry concealed in Delaware?
A nonresident may carry concealed in Delaware when the person holds a qualifying license or permit from another state that Delaware currently recognizes and the person otherwise complies with Delaware law.
Your permit is not automatically valid in Delaware
Delaware recognizes only qualifying out-of-state licenses or permits under its reciprocity process. A permit valid in the issuing state should not be assumed to be recognized in Delaware.
Delaware concealed-carry reciprocity
Delaware law directs the Attorney General to determine which other states’ concealed-carry licensing systems qualify for recognition and to publish the recognition list annually.
Always check the Attorney General’s current list
Reciprocity can change. Delaware also sometimes recognizes only a particular class or type of permit from another state.
Because the official public list must be checked for the current period, DelawareGunLaws.com does not recommend relying on an old printed reciprocity list when deciding whether to carry concealed.
Does Delaware issue a nonresident concealed-carry license?
Delaware does not provide ordinary visitors with the same general CCDW application process used by Delaware residents.
However, § 1441 gives the Delaware Attorney General discretion to issue a limited temporary concealed-deadly-weapon license to a nonresident who has a short-term employment-related need to carry for protection of person or property.
30 Days
The temporary license automatically expires 30 days after issuance.
Employment Need
The statute requires a short-term need associated with employment and protection of person or property.
Not a Visitor Permit
This provision should not be treated as a general-purpose nonresident concealed-carry permit.
Firearms in vehicles
Vehicle possession can implicate Delaware concealed-carry law, storage requirements and federal interstate-transport protections depending on the circumstances.
Leaving the firearm unattended?
Delaware separately requires an unattended firearm left in a motor vehicle to be secured using an authorized locked-storage method.
Delaware restricted locations apply to visitors too
Recognition of an out-of-state carry permit does not create authority to carry everywhere in Delaware.
Delaware assault-weapon restrictions
Delaware law prohibits transporting an assault weapon into the state unless a statutory exception applies.
This is a major nonresident trap
A rifle that is lawfully owned in another state can still fall within Delaware’s statutory definition of an assault weapon.
Do not assume that temporary travel, vacation, a shooting trip or possession of an out-of-state concealed-carry permit creates an exemption from Delaware’s assault-weapon statute.
Bringing magazines into Delaware
Delaware defines a large-capacity magazine as an ammunition-feeding device capable of accepting, or readily convertible to hold, more than 17 rounds, subject to statutory definitions and exceptions.
Not a large-capacity magazine solely by capacity
Other firearm restrictions can still apply.
Generally prohibited
Delaware prohibits possession and various transfers of large-capacity magazines unless a statutory exception applies.
An out-of-state carry permit is not the same as a Delaware CCDW
Delaware’s large-capacity-magazine statute contains an exception for an individual holding a valid concealed-carry permit issued by the Delaware Superior Court under § 1441. Visitors should not assume that reciprocity for concealed carry automatically creates that same magazine exception.
Private transfers across state lines
Interstate firearm transfers between ordinary unlicensed individuals are subject to federal law in addition to Delaware’s private-transfer requirements.
Do not treat an interstate private sale like an in-state private sale
When the transferor and recipient reside in different states, involve the appropriate federally licensed firearms dealer and determine which state’s transfer requirements control before possession changes hands.
Moving to Delaware is different from visiting
If you are relocating rather than merely visiting, review your firearms and magazines before the move. Delaware restrictions can affect firearms that were lawfully acquired while you lived elsewhere.
Buying a firearm while visiting Delaware
Coastal Firearms
DelawareGunLaws.com is supported by Coastal Firearms, a Delaware federally licensed firearms dealer.
Coastal Firearms can assist out-of-state customers with lawful firearm purchases, including qualifying rifle and shotgun transactions and shipment of handgun purchases to an FFL in the customer’s state of residence.
Because interstate firearm transfers can depend on the firearm, buyer’s residence and laws of both states, contact Coastal Firearms before traveling to confirm that the transaction can be completed as intended.
Frequently asked questions
Can an out-of-state resident buy a handgun in Delaware?
A nonresident may purchase the handgun through a Delaware dealer, but the handgun generally must be sent to an FFL in the buyer’s state of residence, where the actual transfer to the buyer occurs.
Can an out-of-state resident buy a rifle or shotgun in Delaware and take it home?
Potentially. Federal law allows an FFL to make an over-the-counter sale of a complete rifle or shotgun to a nonresident when the transaction complies with federal law and the laws of both Delaware and the buyer’s state of residence.
Does a nonresident need a Delaware Permit to Purchase for a handgun?
No. Delaware State Police states that nonresidents do not apply for the Delaware Handgun Qualified Purchaser Permit because their handgun transfer must occur through an FFL in their state of residence.
Can I carry concealed in Delaware with my state’s permit?
Only if Delaware currently recognizes the applicable license or permit and you otherwise comply with Delaware law. Check the Delaware Attorney General’s current reciprocity information before carrying.
Does Delaware issue nonresident concealed-carry permits?
Delaware does not offer an ordinary general-purpose nonresident CCDW application equivalent to the resident process. Section 1441 does allow the Attorney General, in limited circumstances, to issue a 30-day temporary license to a nonresident with a short-term employment-related need for protection of person or property.
Can I bring my AR-15 into Delaware for vacation or a range trip?
Do not assume so. Delaware prohibits transporting an assault weapon into the state unless an applicable statutory exception applies. Determine whether the exact firearm falls within Delaware’s assault-weapon definition before entering the state.
Can a visitor bring a 30-round magazine into Delaware?
A 30-round magazine generally meets Delaware’s definition of a large-capacity magazine because it can accept more than 17 rounds. Possession is generally prohibited unless a statutory exception applies.
Does my recognized out-of-state carry permit exempt me from Delaware’s magazine restriction?
Do not assume that it does. The statutory magazine exception specifically refers to a valid concealed-carry permit issued by the Delaware Superior Court under § 1441. Carry reciprocity and the magazine exemption should be analyzed separately.
Does federal FOPA allow me to travel through Delaware?
Federal law can provide limited interstate transportation protection when its requirements are satisfied. FOPA should not be treated as a general authorization to carry or possess a firearm at your Delaware destination. See the Interstate Travel With Firearms guide for the separate federal analysis.
Official sources
ATF — Interstate dealer sales to nonresidents
Delaware State Police — Handgun Permit to Purchase and nonresident FAQ
Delaware Attorney General — Concealed-carry reciprocity information
11 Del. C. §§ 1465–1467 — Delaware assault-weapon definitions and restrictions
11 Del. C. §§ 1468–1469 — Large-capacity magazine definitions and restrictions
11 Del. C. § 1448B — Firearm transfers between unlicensed persons
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. Interstate firearm issues can involve Delaware law, the law of the person’s home state and federal law. Concealed-carry reciprocity can change. Verify current primary sources and the laws of every applicable jurisdiction before purchasing, transporting or carrying a firearm.
Interstate Travel With Firearms
Learn about federal FOPA protection, vehicle transport, overnight stops, destination-state laws and traveling through multiple states with firearms.