Delaware Gun Show & Firearm Sale Laws
Buying or selling a firearm at a Delaware gun show does not bypass firearm-transfer law. Learn how dealer sales, private transfers, background checks, handgun purchaser permits, interstate sales and FFL requirements apply at gun shows and firearm events.
No Special Gun-Show Exemption
Private sale: Delaware transfer law applies
Handgun: Purchaser permit may be required
Out-of-state buyer: Federal interstate rules apply
The location of the sale does not erase the transfer requirements
A gun show is a place where firearms are offered for sale. It is not a separate legal category that overrides Delaware or federal firearm-transfer law.
Normal FFL Rules
Form 4473, background-check and other dealer-transfer requirements still apply.
Transfer Rules Still Apply
Covered Delaware private firearm transfers generally must be processed through an FFL unless a statutory exception applies.
Permit May Be Required
A Delaware resident purchasing or receiving a handgun generally needs the required purchaser permit unless an exemption applies.
Federal Rules Apply
Handguns and long guns are treated differently when the purchaser resides in another state.
Jump to a section
Does Delaware have a “gun-show loophole”?
The gun show itself does not create an exemption.
Whether a transfer must go through a dealer or background check depends on who is transferring the firearm, who is receiving it, the firearm involved and whether a specific statutory exception applies—not simply whether the parties met at a gun show.
A dealer remains a dealer at a gun show, and a covered private transfer remains subject to Delaware’s private-transfer law.
Buying from a dealer at a Delaware gun show
A federally licensed dealer selling firearms at an authorized Delaware gun show generally follows the same federal transfer requirements that apply at the dealer’s regular licensed premises.
Does buying at a gun show avoid the background check?
No special exemption exists merely because the transaction occurs at a gun show.
An FFL must complete the applicable firearm background-check process. Covered private transfers between unlicensed persons generally must also be processed through an FFL under Delaware law unless a statutory exception applies.
What if I buy from another private individual at the show?
Delaware § 1448B generally requires covered firearm transfers between unlicensed persons to be processed through a licensed dealer.
The parties generally appear before an FFL
For a covered private transfer, the dealer facilitates the transaction and conducts the legally required eligibility/background-check procedure before the firearm is transferred.
Some private transfers are exempt
Delaware law contains specific exceptions and exclusions from the dealer-facilitated private-transfer requirement.
An exception does not become broader at a gun show
The parties must actually satisfy the statutory exception. Meeting at a firearm event does not independently exempt a transaction.
Does the Handgun Qualified Purchaser Permit apply at a gun show?
Yes, when the purchaser is otherwise subject to the permit requirement.
A Delaware resident purchasing or receiving a handgun generally must satisfy Delaware’s Handgun Qualified Purchaser Permit requirement unless a statutory exemption applies. Buying at a gun show does not create a permit exemption.
Can a nonresident buy a firearm at a Delaware gun show?
Potentially, but federal interstate-transfer law determines how the firearm can be delivered.
Home-State FFL
A dealer generally cannot transfer a handgun directly over the counter to a resident of another state. The handgun is normally transferred through an FFL in the buyer’s state of residence.
May Be Possible
An FFL may sometimes transfer a complete rifle or shotgun directly to an out-of-state resident when the transaction complies with federal law and the laws of both states.
When does a seller need to be licensed?
Federal law distinguishes an occasional private sale from engaging in the business of dealing in firearms. A person who is required to be federally licensed cannot avoid the licensing requirement simply by selling at gun shows rather than from a storefront.
Delaware separately requires a special license for persons engaging in the business of selling pistols, revolvers and specified other deadly weapons under Title 24, Chapter 9.
Calling yourself a “private seller” does not decide the issue
Whether licensing is required depends on the actual activity and applicable federal and state definitions, not merely how the seller describes the transaction.
Can an FFL sell firearms at a Delaware gun show?
Yes, at a qualifying event within the state in which the dealer is licensed.
Federal regulations allow a licensed dealer, manufacturer or importer to conduct authorized firearm business at qualifying gun shows or events located within the state specified on the federal license.
For federal recordkeeping purposes, the gun-show premises are treated as part of the licensed premises while the dealer is conducting authorized business there.
Can a Delaware FFL conduct normal retail transfers at an out-of-state gun show?
Federal law treats out-of-state events differently
The federal gun-show exception allowing an FFL to conduct business away from the licensed premises generally concerns events within the state specified on the dealer’s license. Out-of-state gun-show transactions are subject to more restrictive federal rules.
Does a dealer still complete Form 4473 at a gun show?
Yes, when Form 4473 is required for the transaction.
Conducting the transaction at a gun show does not eliminate federal acquisition-and-disposition records or the Firearms Transaction Record.
ATF also instructs dealers that a firearm may be transferred only to the actual person who completed the Form 4473—not to a spouse, relative or other representative sent to receive the firearm on the purchaser’s behalf.
Buying multiple handguns at a gun show
Federal reporting requirements can apply when an FFL sells or otherwise disposes of two or more handguns to the same unlicensed person at the same time or during five consecutive business days.
The gun-show location does not eliminate multiple-sale reporting
The dealer must comply with applicable federal multiple-sale reporting requirements just as the dealer would for qualifying sales completed at the regular store.
A gun show does not make a straw purchase legal
A person may not falsely claim to be the actual purchaser of a firearm when acting as an unlawful stand-in for someone else.
The actual transferee matters
Buying a firearm for someone who provides the money and directs the purchase is legally different from purchasing a legitimate firearm as a bona fide gift.
Need an FFL for a Delaware firearm transfer?
Coastal Firearms
DelawareGunLaws.com is supported by Coastal Firearms, a Delaware federally licensed firearms dealer.
A firearm purchased from an online seller, private party, gun-show seller or out-of-state dealer may require an FFL transfer depending on the transaction.
Before arranging a private or interstate firearm transfer, confirm the receiving dealer’s procedures and make sure the firearm and purchaser can legally complete the transaction in Delaware.
Frequently asked questions
Can I buy a gun without a background check at a Delaware gun show?
A gun show itself does not create an exemption. Licensed-dealer sales require the applicable background-check process, and covered private transfers generally must also be processed through an FFL unless a specific Delaware exception applies.
Can two Delaware residents make a private sale at a gun show?
Potentially, but Delaware’s private-transfer law still applies. A covered transaction generally must be facilitated by an FFL unless one of the statutory exceptions applies.
Do I need a Delaware handgun purchaser permit at a gun show?
If you are a Delaware resident subject to the Handgun Qualified Purchaser Permit requirement, purchasing at a gun show does not exempt you from it. Statutory exemptions still apply where applicable.
Can a Maryland or Pennsylvania resident buy a handgun at a Delaware gun show?
The person may purchase a handgun from a dealer, but federal law generally requires the handgun to be transferred through an FFL in the buyer’s state of residence before the buyer takes possession.
Can a nonresident leave a Delaware gun show with a rifle or shotgun?
Sometimes. A complete rifle or shotgun may potentially be transferred directly by an FFL to an out-of-state resident if the transaction complies with federal law and the laws of both Delaware and the buyer’s state of residence.
Can a Delaware FFL sell guns at a Delaware gun show?
Yes. Federal regulations allow qualifying licensed dealers to conduct authorized firearm business at qualifying gun shows or events within the state specified on their federal firearms license.
Does an FFL still use Form 4473 at the show?
Yes, when Form 4473 is required for the transfer. Conducting business at a gun show does not eliminate normal federal transaction-record requirements.
Can someone buy a gun for me at the show because I forgot my ID?
No one should falsely represent themselves as the actual purchaser merely to avoid identification, eligibility or transfer requirements. The person actually receiving the firearm must lawfully complete the required transaction.
Can I sell guns regularly at shows without becoming a dealer?
Do not assume so. Federal and Delaware licensing requirements depend on the nature of the seller’s activity. A person who is engaging in the business of dealing in firearms may need applicable federal and state licenses even if sales occur primarily at gun shows.
Related Delaware firearm-law topics
Official sources
ATF — Multiple Firearm Sales Reporting
Federal multiple-handgun-sale reporting requirements.
Legal information, not legal advice.
DelawareGunLaws.com is an independent educational resource and is not affiliated with ATF, the State of Delaware or any gun-show promoter. Firearm-transfer requirements depend on the seller, purchaser, firearm, state of residence and applicable statutory exceptions. A gun-show setting does not itself create an exemption from federal or Delaware firearm law.
Private Firearm Transfers in Delaware
Learn when a private firearm transfer must go through an FFL, which family and estate exceptions may apply and how Delaware’s background-check process works.