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Delaware Magazine Capacity Law

Delaware Magazine Laws

A practical guide to Delaware’s large-capacity magazine law, including the 17-round threshold, CCDW exemption, law-enforcement exceptions, dealer rules, permanent modification and penalties.

Current Statute
Definition§ 1468
Prohibition§ 1469
ThresholdMore than 17 rounds
DE CCDW exemptionYes
Last reviewedAug. 8, 2026

1

17 rounds is not “large-capacity”The statutory threshold is an ammunition-feeding device capable of accepting more than 17 rounds.
2

Valid Delaware CCDW holders are exempt§1469 expressly lists a valid §1441 concealed-carry license holder among the exemptions.
3

Permanent modification mattersA magazine permanently modified to accept 17 rounds or fewer is expressly exempt.

The Basic Rule

What does Delaware prohibit?

Except where an exemption applies, §1469 makes it unlawful to manufacture, sell, offer for sale, purchase, receive, transfer or possess a “large-capacity magazine” as defined by §1468.

Possession itself is regulated

This is not merely a retail-sale restriction. Unless an exemption applies, the statute also regulates possession and receipt.

Definition

What is a “large-capacity magazine” in Delaware?

Section 1468 defines a large-capacity magazine as an ammunition-feeding device capable of accepting, or that can readily be converted to hold, more than 17 rounds of ammunition.

17 roundsNot a large-capacity magazine merely because it holds 17 rounds.
18+ roundsFalls within the capacity definition unless another statutory provision excludes or exempts it.

The definition applies to magazines, belts, drums, feed strips and similar ammunition-feeding devices.

Threshold Details

Two details about the 17-round threshold

.22 rimfire tubular magazine exceptionAn attached tubular device designed to accept and operate only with .22-caliber rimfire ammunition is excluded from the statutory definition.
Removable floor plateThe presence of a removable floor plate on a magazine that cannot accept more than 17 rounds is not, by itself, sufficient evidence that the device is readily convertible to hold more than 17 rounds.

Major Exemption

Are Delaware CCDW holders exempt?

Yes.

Section 1469 expressly states that the large-capacity-magazine prohibition does not apply to an individual who holds a valid concealed-carry permit issued by the Delaware Superior Court under §1441.

Delaware license specifically

The exemption in §1469 refers to a valid concealed-carry permit issued by the Delaware Superior Court under §1441. Do not assume that an out-of-state permit or reciprocity recognition creates the same magazine exemption.

For information about obtaining and renewing a Delaware CCDW, see the full guide.

Delaware CCDW Guide →

Other Exemptions

Who else is exempt?

United States government personnel acting within official duties
Members of the U.S. Armed Forces or National Guard acting within official duties
Law-enforcement officers
Qualified retired law-enforcement officers
Individuals holding a valid Delaware CCDW under §1441
Licensed firearms dealers in qualifying dealer-to-dealer or exempt-person transactions

The precise scope of each exemption should be checked against the current statutory language before relying on it.

Capacity Modification

Can a magazine be permanently limited to 17 rounds?

Yes. Section 1469 expressly excludes from the prohibition a large-capacity magazine that has been rendered permanently inoperable or has been permanently modified to accept 17 rounds or fewer.

“Permanent” matters

A temporary block, easily removable limiter or other reversible change should not automatically be assumed to satisfy the statutory phrase “permanently modified.”

Licensed Dealers

When may a Delaware dealer handle a large-capacity magazine?

Section 1469 permits a licensed firearms dealer to sell a large-capacity magazine to another licensed firearms dealer or to an individual who falls within the government, military, law-enforcement, qualified-retired-law-enforcement or valid-Delaware-CCDW exemptions.

Dealer possession does not make the magazine generally transferable

The statute limits the dealer exemption to qualifying transactions. A dealer should verify the recipient’s exemption before completing the transfer.

Pre-2022 Magazines

Is there a general grandfather exception for previously owned magazines?

Not under the current text of §1469.

Unlike Delaware’s assault-weapon statute, the current large-capacity-magazine statute does not contain a general exception simply because the person possessed the magazine before the 2022 law took effect.

The original legislation authorized a state buyback program for magazines affected by the law. Current legality should be evaluated under the present statutory exemptions rather than assuming prior ownership alone is sufficient.

Penalties

What are the penalties?

First possession-only offenseCivil penalty of $100.
Second possession-only offenseClass B misdemeanor.
Other violations / later possessionClass E felony.

The magazine is also subject to forfeiture for a violation. Section 1469A separately makes possession of a large-capacity magazine during the commission of a felony a Class B felony.

Related Firearm Classification

Magazine capacity can also affect firearm classification

Delaware’s assault-weapon definition separately includes a semiautomatic pistol with a fixed magazine capable of accepting more than 17 rounds and a semiautomatic centerfire rifle with a fixed magazine capable of accepting more than 17 rounds.

Two separate analyses may be required

A magazine may raise a §1469 issue, while the firearm’s fixed-magazine capacity may independently affect whether the firearm itself is classified as a copycat assault weapon under §1465.

See the Restricted Firearms guide for the full firearm-classification analysis.

Restricted Firearms Guide →

FAQ

Frequently asked questions

Is a 17-round magazine legal in Delaware?

Under §1468, a device is a large-capacity magazine if it can accept or readily be converted to hold more than 17 rounds. A magazine limited to 17 rounds does not meet that capacity definition merely because it holds 17.

Is an 18-round magazine restricted?

Yes, an ammunition-feeding device capable of accepting 18 rounds exceeds the statutory 17-round threshold, unless an exclusion or exemption applies.

Can a Delaware CCDW holder possess magazines over 17 rounds?

Section 1469 expressly exempts an individual holding a valid Delaware concealed-carry permit issued by the Superior Court under §1441.

Does an out-of-state carry permit create the same exemption?

The exemption is written specifically for an individual holding a valid permit issued by the Delaware Superior Court under §1441. Do not treat reciprocity as automatically creating the magazine exemption.

Can a 30-round magazine be permanently blocked to 17?

The statute exempts a magazine permanently modified to accept 17 rounds or fewer. Whether a particular modification is sufficiently permanent depends on the actual modification and should not be assumed from a removable limiter alone.

Are old magazines grandfathered just because I owned them before 2022?

The current text of §1469 does not contain a general prior-possession grandfather exception. A person should determine whether a current statutory exemption applies.

Legal information, not legal advice.

Magazine legality can depend on actual capacity, convertibility, permanent modification and the possessor’s exemption status. DelawareGunLaws.com is an independent educational resource. Verify current statutory text and applicable court orders before acquiring, transferring or possessing a magazine whose status is uncertain.

Last legal review: August 8, 2026

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