Family Firearm Transfers in Delaware
A practical guide to firearm gifts between relatives, Delaware’s family exception, handgun permit rules, interstate family transfers, inheritances, assault-weapon family transfers and recommended documentation.
Does Delaware allow firearm transfers between family members without an FFL?
Yes, in certain circumstances. Delaware § 1448B generally requires a licensed dealer to conduct a background check for transfers between unlicensed people, but the statute does not apply when the prospective buyer or transferee has one of the specifically listed family relationships to the seller or transferor.
Being “family” in the ordinary sense is not enough. The relationship should fall within the list written into § 1448B.
Which relatives are covered?
The Delaware exception includes the following relationships between the recipient and the seller or transferor:
If the relationship is not on the statutory list, do not assume the family exception applies.
How does a Delaware-to-Delaware family gift work?
When both parties are Delaware residents and the relationship falls within § 1448B(c)(1), the provisions of § 1448B do not apply to that family transaction. That means the section’s dealer-facilitated background-check requirement and its private-transfer handgun purchaser-permit requirement do not apply to the qualifying family transfer.
A Delaware-resident parent gives a lawfully owned firearm to an adult child who is also a Delaware resident and legally eligible to possess it. The parent-child relationship is listed in § 1448B’s family exception.
Does the Handgun Qualified Purchaser Permit apply to a family gift?
Section 1448B(a)(2) generally requires an unlicensed transferee of a handgun to have a valid Handgun Qualified Purchaser Permit. But § 1448B(c)(1) states that the section does not apply to transactions involving the specifically listed family relationships. Accordingly, when a Delaware-to-Delaware family gift genuinely falls within § 1448B(c)(1), the private-transfer background-check requirement in § 1448B(a)(1) and the private-transfer handgun purchaser-permit requirement in § 1448B(a)(2) do not apply to that family transaction.
A handgun purchased from a dealer for later gifting involves a separate dealer transaction at the time of purchase. The family exception in § 1448B does not erase the dealer’s obligations under § 1448A. The purchaser must also be the actual purchaser under federal law; buying a firearm on behalf of someone who supplies the money can raise straw-purchase issues.
For the general handgun-purchase rules, see the Permit to Purchase guide.
Can I directly give a firearm to a relative who lives in another state?
Federal law generally prohibits a nonlicensee from directly transferring a firearm to an unlicensed person who resides in another state. For an ordinary lifetime gift, the firearm generally must be transferred through an FFL; ATF guidance states that the usual route is an FFL in the recipient’s state of residence.
Delaware parent → Pennsylvania child
The Delaware family exception does not eliminate the federal interstate-transfer requirement. The firearm generally must be transferred through an FFL in Pennsylvania.
Maryland parent → Delaware child
Federal law generally requires the transfer to occur through an FFL in Delaware, the recipient’s state of residence.
Inherited firearms are treated differently from lifetime gifts
Delaware excludes certain transfers occurring by operation of law or because of a death when handled by an executor, estate administrator or testamentary trustee from § 1448B’s definition of “transfer.”
Federal law separately allows an interstate transfer to carry out a lawful bequest or acquisition by intestate succession, provided the recipient may lawfully acquire and possess the firearm in the recipient’s state.
A lifetime gift, a bequest under a will and an acquisition by intestate succession can be governed by different rules.
Family transfers of grandfathered assault weapons
Delaware’s assault-weapon statute contains a separate family-transfer provision. Under § 1466(c)(5), ownership of an assault weapon may be transferred from the owner to a member of that owner’s family if the transferor lawfully possessed the assault weapon and the family recipient is otherwise lawfully permitted to possess it. The family member may possess the transferred assault weapon only under the conditions described in § 1466(c)(3).
A firearm classified as an assault weapon must satisfy the special requirements in §§ 1466–1467. Do not rely only on the ordinary private-transfer family exception when the firearm itself is subject to Delaware’s assault-weapon restrictions.
Section 1466(b)(5) separately allows receipt by inheritance, and possession of the inherited assault weapon, when the decedent lawfully possessed it and the heir is not otherwise prohibited under § 1448. A personal representative may also receive an assault weapon for purposes of estate administration under § 1466(b)(6).
Under § 1467(d), a person who lawfully inherits or receives an assault weapon from a family member that was lawfully possessed under § 1466(c)(3) and lawfully transferred may apply for a Certificate of Possession within 60 days after taking possession. The applicant must show that the transferor lawfully possessed the firearm and that the applicant is the lawful recipient.
See the Restricted Firearms guide for the current Delaware assault-weapon definitions, grandfathering and transport rules.
A family exception does not override possession prohibitions
The recipient must still be legally eligible to possess the firearm. Delaware and federal law separately prohibit possession or receipt by certain people. As of September 14, 2026, HB 342 also extends Delaware’s prohibited-person law to certain qualifying out-of-state domestic-violence protection orders.
A parent-child, spouse or other family relationship does not make a prohibited recipient eligible to receive or possess a firearm.
See the separate guide for Delaware prohibited-person rules.
Should a family transfer be documented?
Delaware does not impose a universal bill-of-sale requirement for every family transfer falling within § 1448B’s exception. Still, a simple written record can help document what firearm changed hands, when, to whom and which statutory family relationship the parties relied on.
Families may choose to use a licensed dealer for documentation and transfer assistance even where Delaware law provides an exception.
Frequently asked questions
Can I give a firearm to my adult child in Delaware?
A child is one of the relationships listed in Delaware’s § 1448B family exception. Both parties must still comply with all other applicable possession and federal requirements.
Can I give a firearm to my brother or sister?
Yes. Siblings are expressly listed in Delaware’s family exception. Federal interstate law still applies if the siblings reside in different states.
Does the exception include cousins?
Cousins are not expressly listed in § 1448B’s family relationship exception. A covered transfer would generally need to follow the ordinary private-transfer procedure unless another exception applies.
Can I give a firearm to my child who lives in another state?
Generally, the transfer must go through an FFL in the child’s state of residence because federal law governs interstate transfers between unlicensed people.
Does inheritance require the same interstate FFL process?
Federal law contains a separate exception for a lawful bequest or acquisition by intestate succession. The recipient still must be legally permitted to acquire and possess the firearm.
Can a grandfathered Delaware assault weapon be transferred to a family member?
Delaware § 1466(c)(5) contains a specific family-transfer provision when the transferor lawfully possesses the assault weapon and the family recipient is otherwise legally permitted to possess it. Under § 1467(d), a lawful recipient may apply for a Certificate of Possession within 60 days after taking possession.
Do I need a bill of sale for a family gift?
Delaware does not impose a universal bill-of-sale requirement for every family transfer within the statutory exception, but keeping a written transfer record is a useful documentation practice.
Official sources
11 Del. C. § 1448B — Delaware private-transfer rule and family exception11 Del. C. § 1448D — Handgun Qualified Purchaser Permit11 Del. C. § 1466 — Assault-weapon restrictions and family-transfer provision11 Del. C. § 1467 — Certificate of Possession, including 60-day family/inheritance application provisionHB 342 — 2026 prohibited-person update for certain qualifying out-of-state protection orders18 U.S.C. § 922(a)(5) — Federal interstate transfer restriction for unlicensed personsATF Firearms Questions & Answers — Interstate transfers by unlicensed persons27 C.F.R. § 478.30 — Out-of-state disposition by nonlicensees, including bequest/intestate exception
DelawareGunLaws.com is an independent educational resource and is not affiliated with the State of Delaware or any government agency. Firearm laws, residence, firearm classification and individual circumstances can change how a transfer rule applies. Verify current primary sources before relying on this information.
Last legal review: September 22, 2026
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