NFA Firearms in Delaware
A practical guide to suppressors, short-barreled rifles, short-barreled shotguns, machine guns and other National Firearms Act items—and the critical difference between federal NFA approval and Delaware legality.
NFA registration does not override Delaware law
The federal National Firearms Act regulates particular firearms and devices through registration, transfer and making requirements. ATF administers those federal requirements.
Delaware separately criminalizes possession, purchase, receipt, sale or transfer of certain weapons. A federal tax stamp or approved NFA form therefore does not make an item lawful if Delaware independently prohibits it.
Before purchasing, transferring or making an NFA firearm for Delaware possession, determine whether the item is lawful under Delaware law as configured.
What firearms fall under the NFA?
Federal NFA categories include machine guns, silencers, short-barreled rifles, short-barreled shotguns, certain weapons classified as “any other weapons,” and destructive devices.
Are firearm suppressors legal for ordinary civilian possession in Delaware?
Delaware §1444 expressly lists a “firearm silencer” as a destructive weapon. Selling, transferring, buying, receiving or possessing one is generally a Class E felony unless a narrow statutory exception applies.
The statute contains narrow exceptions for authorized military and police use and for authorized, certified state and federal wildlife biologists possessing silencers for wildlife disease or population-control purposes. It does not provide a general civilian exception merely because the suppressor is federally registered.
Are SBRs legal in Delaware?
Delaware §1444 does not list a short-barreled rifle simply because it meets the federal SBR definition. A Delaware resident may nevertheless face separate restrictions if the rifle is classified as a prohibited “assault weapon” or “copycat weapon” under §§1465–1466.
Federal NFA rules still apply. A person generally must receive ATF approval before making an SBR on Form 1, and transfers generally require the appropriate ATF transfer process.
Under §1465, a semiautomatic centerfire rifle with an overall length of less than 30 inches is a Delaware copycat weapon. Many federally registered SBR configurations therefore require an additional Delaware assault-weapon analysis.
Review the firearm-specific classification guide before making or acquiring an SBR.
Are short-barreled shotguns legal in Delaware?
Delaware §1444 prohibits possession and specified transactions involving a “sawed-off shotgun.” The statute defines that term as a shotgun with one or more barrels less than 18 inches long, or a weapon made from a shotgun that has an overall length under 26 inches.
An approved federal NFA form does not by itself make a shotgun falling within Delaware’s “sawed-off shotgun” definition lawful for ordinary civilian possession.
Are federally registered machine guns legal in Delaware?
Section 1444 lists a machine gun, or another firearm or weapon adaptable for use as a machine gun, as a destructive weapon.
The statute provides narrow exceptions, including authorized military or police use and machine guns possessed for scientific or experimental research and development when duly registered under the NFA. That is not a general collector exemption.
AOWs and destructive devices require item-specific review
Federal “Any Other Weapon” and “destructive device” classifications do not map perfectly onto Delaware terminology. Whether a particular AOW or federal destructive device is legal in Delaware depends on the exact design and whether another Delaware statute prohibits the item.
A specific firearm may also implicate Delaware’s assault-weapon, concealed-weapon, shotgun, untraceable-firearm or other statutes.
ATF Form 1 vs. Form 4
Application to Make and Register a Firearm
Used when a person or entity seeks approval to make and register an NFA firearm. Approval should be obtained before making the regulated firearm.
Application for Tax-Paid Transfer and Registration
Commonly used for a tax-paid transfer of an NFA firearm to a qualified transferee. ATF’s eForms system supports electronic filing of certain NFA forms.
Federal approval is not permission to violate state law. Confirm the proposed configuration is lawful in Delaware before making the firearm.
Some NFA firearms require prior ATF approval before interstate transport
ATF Form 5320.20 is used to request authorization to transport certain NFA firearms interstate or temporarily export them. ATF’s current instructions require prior authorization for interstate transport of a destructive device, machine gun, short-barreled rifle or short-barreled shotgun.
An approved 5320.20 does not authorize possession where state or local law prohibits the firearm.
Frequently asked questions
Can a Delaware resident own a suppressor with an ATF tax stamp?
Generally no. Delaware §1444 independently prohibits ordinary civilian possession of a firearm silencer. Federal registration does not override that prohibition.
Can a Delaware resident own an SBR?
Potentially, if the SBR is federally registered and its exact configuration is lawful under Delaware law. Many semiautomatic centerfire SBR configurations may fall within Delaware’s assault-weapon definition, including the rule covering rifles under 30 inches overall.
Can I own a short-barreled shotgun in Delaware if ATF approves it?
Delaware §1444 prohibits “sawed-off shotguns” as defined by the statute. Federal NFA approval does not create a general civilian exemption.
Are transferable machine guns legal for Delaware collectors?
Delaware §1444 generally prohibits machine guns. The statute’s exception for NFA-registered machine guns is narrowly tied to scientific or experimental research and development, not ordinary collecting.
What is the difference between Form 1 and Form 4?
Form 1 is generally an application to make and register an NFA firearm. Form 4 is generally used for a tax-paid transfer and registration of an NFA firearm.
Do I need ATF approval to take an SBR to another state?
ATF requires prior authorization for interstate transport of a short-barreled rifle using the applicable process, commonly Form 5320.20. The destination state must also allow possession.
Official sources
11 Del. C. §1444 — Delaware destructive-weapon prohibition
11 Del. C. §§1465–1466 — Delaware assault-weapon definitions and restrictions
ATF — National Firearms Act — Federal NFA overview
ATF NFA Division — Forms 1, 4 and current NFA resources
ATF eForms — Electronic NFA filing information
ATF Form 5320.20 — Interstate transport authorization
NFA legality requires both federal and Delaware analysis. DelawareGunLaws.com is an independent educational resource. Confirm the exact firearm or device classification, current Delaware statute and current ATF requirements before purchasing, making, transferring, transporting or possessing an NFA item.
Last legal review: August 8, 2026
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