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Delaware Concealed Carry

devinschumacher edited this page Oct 30, 2024 · 2 revisions

Delaware Concealed Carry Gun Permit Laws

Legal information provided is for reference and not legal advice. Consult an attorney for specific legal concerns.


Delaware Concealed Carry Gun Permit Laws

Legal information provided is for reference and not legal advice. Consult an attorney for specific legal concerns.

Summary of Delaware Gun Laws

Delaware operates under a may-issue system for concealed weapons licenses, issued at the county level by the prothonotary office. The Attorney General also has the authority to grant temporary concealed weapons licenses to non-residents based on specific employment-related security needs.

Firearms Purchase and Registration

  • Delaware does not require a license for purchasing firearms nor is there a registration requirement. However, starting in November 2025, a permit will be required to purchase a firearm, as per a law signed on May 16, 2024.
  • Private-party transfers necessitate a background check by a licensed dealer, with exemptions for transfers to individuals possessing a valid Delaware Concealed Deadly Weapon License (CDWL).
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Open and Concealed Carry Laws

  • Open Carry : Legal for individuals over 21 who can legally possess a firearm, with restrictions in certain areas like schools and detention facilities.
  • Concealed Carry : Permissible for residents holding a CDWL and non-residents with a CCW permit from a state recognized by Delaware. Applicants must complete a firearms training course including live-fire exercises, provide five resident references, and publish their application in a local newspaper prior to submission.

Use of Force in Self-Protection

  • The use of force is justified if necessary to protect against unlawful force, serious physical harm, kidnapping, or compelled sexual conduct.

Civil Liability and Self-Defense

  • Individuals using force to protect property and not convicted of related offenses are shielded from civil liability.
  • Delaware follows the Castle Doctrine, allowing self-defense without a duty to retreat inside one’s dwelling or workplace but requiring retreat elsewhere unless safety is assured.

Use of Force for Protection of Others and Property

  • Force can be used to protect others under circumstances where the defender would be justified in protecting themselves.
  • Deadly force is justifiable to prevent crimes like burglary, robbery, or arson, provided it is believed necessary to prevent serious harm.

[Del. Code Ann. tit. 11, § 464, 465 and 466]

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Delaware Gun Laws at a Glance

Ammunition Restrictions

Q: Does Delaware have ammunition restrictions?

A: There are no state laws, however, the City of Wilmington prohibits armor-piercing ammunition.

Constitutional Carry

Q: Does Delaware allow constitutional carry?

A: No.

Open Carry Permitted

Q: Is open carry permitted in Delaware?

A: Yes, without a license. Any person who is at least 21 years old and legally entitled to possess a firearm can open carry.

Gun Permit Licensure

Q: If Delaware requires a license to carry a concealed firearm, how are those licenses issued?

A: Delaware follows a may-issue policy.

Weapons Other Than Handguns Allowed

Q: Can you concealed carry weapons other than handguns in Delaware with a concealed carry license (or under permitless carry if applicable)?

A: Yes. Folding knives with blades of not more than 3 inches.

Minimum Age for Concealed Carry

Q: What is the minimum age in Delaware to get a concealed carry license?

A: 18.

Chemical Spray/Pepper Spray

Q: Is it legal to buy or use chemical spray/pepper spray in Delaware?

A: Yes, pepper spray is legal in Delaware, although it is illegal to use it while engaged in commission of any crime or to assault a law-enforcement officer while in the performance of the officer’s duties.

Tasers or Stun Guns

Q: Is it legal to own a taser or stun gun in Delaware?

A: Yes. Stun guns and Tasers are legal to purchase and possess without a license in most of the state. However, they are illegal in certain areas like New Castle County, Wilmington, and Newark.

Magazine Limits for Handguns

Q: Does Delaware have magazine capacity restrictions for handguns?

A: Yes. It is unlawful to manufacture, sell, transfer, purchase, receipt, or possess magazines that hold more than 17 rounds. Exemptions apply to certain individuals such as military members, law enforcement officers, and concealed carry permit holders.


Carry Locations

Carry at Roadside Rest Areas?

Can you carry a concealed firearm at roadside rest areas in Delaware?

Yes, with a Delaware Concealed Deadly Weapon License or a permit from a state that Delaware honors.

Carry in Bars/Restaurants that Serve Alcohol?

Can you carry a concealed firearm in bars and restaurants that serve alcohol in Delaware?

Yes, there is no statute making it illegal to concealed carry with a Delaware Concealed Deadly Weapon License or a permit from a state that Delaware honors, unless posted, and provided you are not under the influence.

Store in a Vehicle in an Employee Parking Lot?

Does Delaware have laws relating to storing firearms in private vehicles in an employee parking lot?

Not addressed in Delaware state law, although employers may have a policy.

Carry/Possess at a Hotel?

Can you carry or possess a firearm on hotel property in Delaware?

Delaware statutes don’t specifically address firearms at hotels. Please note that each hotel develops its own policies and the individual hotel should be contacted to inquire about its concealed carry policy.

Carry in Vehicle?

Can you carry a concealed handgun in a vehicle in Delaware?

Yes, with a Delaware Concealed Deadly Weapon License or a permit from a state that Delaware honors. Without a permit, a firearm must be transported in plain sight — such as on the dash or seat — but not in the glove box or any place it cannot be seen. [Del. Code Ann. Tit. 11 § 1442]

Carry in State/National Parks, State/National Forests and Wildlife Management Areas (WMAs)?

Can you carry a concealed firearm in state/national parks, state/national forests, and Wildlife Management Areas in Delaware?

Yes, with a Delaware Concealed Deadly Weapon License or a permit from a state that Delaware honors, except for areas that are posted. [DE Admin. Rule 201–21.1.4] and [Admin Rule 402–8.8.3][Title 7 — Wildlife 3900–8.3.4.9]


Key State Laws

Brandishing?

Does Delaware state law define brandishing?

No definition of brandishing was found in Delaware law. However, a person is guilty of disorderly conduct when engaging in violent, tumultuous, or threatening behavior. [Del. Code. Ann. tit 11 § 1301]

Non-Resident Permitting?

Does Delaware issue concealed carry licenses to non-residents?

Yes, the attorney general can issue temporary licenses on a limited basis.

Public Access to Concealed Carry Registry?

Does Delaware allow the public to access concealed carry registry information through public records law?

No, however, the information is available for law enforcement.

Duty to Inform Officer You’re Carrying?

Do you have a duty to notify a police officer that you’re carrying a concealed firearm in Delaware?

No. There is no duty to inform a police officer that you’re carrying a concealed firearm in Delaware. [Del. Code Ann. tit. 11 § 1903]

Red Flag Law?

Does Delaware have a red flag law?

Yes. Delaware has a red flag law. A family member of a person or a law enforcement officer may file a petition prohibiting and enjoining a person from controlling, owning, purchasing, possessing, having access to, or receiving a firearm. [Del. Code Ann. tit. 10, § 7701]

Preemption?

Does Delaware have preemption laws related to concealed carry?

Yes. There is full state preemption of gun laws, except counties may regulate the discharge of firearms and may adopt ordinances regulating open carry in police stations and county buildings. Restricted areas must be posted. However, individuals with concealed carry licenses can conceal carry in those areas. [Del. Code Ann. tit. 9 § 330(d), Del. Code Ann. tit. 22 § 111]

Driver’s License Linked to Weapons License?

Is my Delaware driver’s license linked to my Delaware concealed deadly weapon license?

No. Your Delaware driver’s license is not linked to your Delaware concealed deadly weapon license. Therefore, a law enforcement officer (LEO) will not be notified that you are a concealed carry license holder immediately when they run your driver’s license. However, Delaware LEOs have access to a comprehensive database which they can choose to query to obtain this information.

“No Weapons Allowed” Signs Enforced?

Are “No Weapons Allowed” signs enforced in Delaware?

No. Not mentioned in state statutes.

Carry While Using Alcohol or Drugs?

Does Delaware have laws regarding carrying a concealed firearm while using alcohol or drugs?

Not while under the influence of alcohol (BAC of 0.08 or greater) or drugs when in a public place. In addition, a person cannot be manifestly under the influence of alcohol or any illicit or recreational drug, or any other drug not administered or prescribed to be taken by a physician, to the degree that the person may be in danger or endanger other persons or property, or annoy persons in the vicinity. [Del. Code Ann. tit. 11 § 1460]

As a responsibly armed American, regardless of the laws in your state, it is unwise to carry while under the influence of any substance that could impair your judgment, slow your reaction times, or impact your decision-making abilities. Any decision you make while carrying a firearm could have life-altering consequences.


Handgun Purchase & Possession

Possess a Handgun on My Private Property Without a License?

Can I possess/carry a handgun in my home without a license?

  • Yes. Permitless carry is allowed in Delaware for anyone legally entitled to carry a firearm.

Purchase Permits?

Is a permit required to purchase a handgun in Delaware?

  • No. On May 16, 2024, the governor signed into law the requirement to have a permit to purchase a firearm. The law doesn’t go into effect for 18 months (roughly around November 2025).

Delaware License Exempts from Background Check?

Does my current Delaware concealed carry license exempt me from needing a background check when I purchase a firearm?

  • No.

Waiting Period?

Is there a waiting period after purchasing a handgun in Delaware?

  • No.

Handgun Registration? Do handguns need to be registered in Delaware?

  • No.

Background Checks for Private Gun Sales? Exceptions?

Are background checks required for private gun sales in Delaware? Are there exceptions?

  • Yes. Excluding the exemptions noted below, no unlicensed person shall sell or transfer any firearm to another unlicensed person without having conducted a criminal history background check through a licensed firearms dealer.
  • Exemptions include transactions between family members and those with a valid concealed carry license.

Minimum Age to Possess and Transport?

What is the minimum age to possess and transport a handgun in Delaware?

  • 21 years old. Persons under 21 may possess a firearm under specific circumstances outlined in Delaware law.

For more detailed information, refer to the Delaware legal statutes provided in each answer.


Delaware Concealed Carry Reciprocity With Other States

Alaska

Arizona

Arkansas

Colorado

Florida

Idaho (Enhanced permits only)

Kansas

Kentucky

Maine

Michigan

Missouri

New Mexico

North Carolina

North Dakota

Ohio

Oklahoma

South Dakota (Enhanced permits only)

Tennessee

Texas

Utah

West Virginia


Other States’ Reciprocity With Delaware

Alabama (permitless carry, at least 19 years old)

Arkansas (permitless carry, at least 18 years old)

Idaho (permitless carry, at least 18 years old)

Indiana (permitless carry, at least 18 years old)

Montana (permitless carry, at least 18 years old)

New Hampshire (permitless carry, at least 18 years old)

North Carolina

North Dakota (permitless carry, at least 18 years old)

South Dakota (permitless carry, at least 18 years old)

Vermont (permitless carry, at least 18 years old)


States That Have Restricted Reciprocity with Delaware

Alaska (permitless carry, at least 21 years old)

Arizona (permitless carry, at least 21 years old)

Colorado (at least 21 years old and resident permits only)

Florida (permitless carry, at least 21 years old)

Georgia (Permitless carry, at least 21 years old)

Iowa (permitless carry, at least 21 years old)

Kansas (permitless carry, at least 21 years old)

Kentucky (permitless carry, at least 21 years old)

Maine (permitless carry, at least 21 years old)

Michigan (at least 21 years old and resident permits only)

Mississippi (permitless carry, at least 21 years old)

Missouri (permitless carry, at least 19 years old, 18 for military)

Nebraska (Permitless carry, at least 21 years old)

New Mexico (at least 21 years old)

Ohio (permitless carry, at least 21 years old)

Oklahoma (permitless carry, at least 21 years old)

South Carolina (permitless carry, at least 18 years old)

Tennessee (permitless carry, at least 18 years old)

Texas (permitless carry, at least 21 years old)

Utah (permitless carry, at least 21 years old)

Virginia (at least 21 years old)

West Virginia (permitless carry, at least 21 years old)

Wisconsin (at least 21 years old)

Wyoming (permitless carry, at least 21 years old)


Permitless Carry States

Alabama (permitless carry, at least 19 years old)

Alaska (permitless carry, at least 21 years old)

Arizona (permitless carry, at least 21 years old)

Arkansas (permitless carry, at least 18 years old)

Florida (permitless carry, at least 21 years old)

Georgia (Permitless carry, at least 21 years old)

Idaho (permitless carry, at least 18 years old)

Indiana (permitless carry, at least 18 years old)

Iowa (permitless carry, at least 21 years old)

Kansas (permitless carry, at least 21 years old)

Kentucky (permitless carry, at least 21 years old)

Maine (permitless carry, at least 21 years old)

Mississippi (permitless carry, at least 21 years old)

Missouri (permitless carry, at least 19 years old, 18 for military)

Montana (permitless carry, at least 18 years old)

Nebraska (Permitless carry, at least 21 years old)

New Hampshire (permitless carry, at least 18 years old)

North Dakota (permitless carry, at least 18 years old)

Ohio (permitless carry, at least 21 years old)

Oklahoma (permitless carry, at least 21 years old)

South Carolina (permitless carry, at least 18 years old)

South Dakota (permitless carry, at least 18 years old)

Tennessee (permitless carry, at least 18 years old)

Texas (permitless carry, at least 21 years old)

Utah (permitless carry, at least 21 years old)

Vermont (permitless carry, at least 18 years old)

West Virginia (permitless carry, at least 21 years old)

Wyoming (permitless carry, at least 21 years old)


Delaware Concealed Carry License Information

CC License Information

Requirements: An applicant must:

  • Be at least 18 years old;
  • Complete a firearms training course;
  • Have 5 references from the county in which he or she resides attesting to the applicant’s character and need for self-protection;
  • Verify the application by oath or affirmation before a state-authorized officer;
  • Never have been convicted of a felony or crime of violence;
  • Not be subject to a Protection From Abuse Order;
  • Never have been committed for a mental disorder;
  • Meet federal law requirements.

Consult with an attorney if you have any questions about your eligibility.

Fees: $65 for all applications.

Valid For: 3 years for initial license and 5 years for renewals.

Processing Time: No processing time is specified.

Non-Resident Concealed Carry Licenses: The Attorney General may issue temporary licenses to non-residents with a short-term need to carry a concealed weapon in Delaware.

Name/Address Changes: Submit an informal letter to the court with a copy of your Driver’s License showing the new name or address, two passport-style photos, and the fee to: Superior Court of Delaware — NCC 500 N. King Street, Suite 500 Wilmington, DE 19801

Lost/Stolen Licenses: Contact your local prothonotary office.

Residency Changes:

  • Moving to Delaware: Apply for a resident license once you obtain a Delaware driver’s license.
  • Moving from Delaware: Your Delaware license expires upon establishing residency in another state.

For detailed information, please refer to the Delaware legal statutes related to concealed carry licensing.


Delaware Concealed Carry License Application Process

Step 1: Download and complete the application. You can take your training class before you submit your application or wait until your application is approved, at which point you have 90 days to submit your training certificate.

Step 2: Arrange with a newspaper of general circulation in your county to have your application published once, at least 10 business days before filing your application with the court. Obtain an affidavit from the newspaper company stating that this requirement has been met and attach it to your application. PLEASE NOTE: Selected newspaper must have a circulation of at least 35 percent of the population in your zip code. Be sure to use your whole name — no initials — and your home address.

Step 3: Arrange to be fingerprinted by the State Bureau of Identification (SBI) within 45 days of filing an application. Fingerprinting is by appointment only. Call the SBI at (302) 739–2528 to schedule your appointment and receive instructions.

Step 4: Have the reference questionnaires completed by 5 citizens from the county in which you reside who are not related to you and who have known you for at least 1 year.

Step 5: Take the completed and notarized application to the prothonotary office or mail it to the prothonotary office in the county where you reside. Include:

  • The original set of fingerprints and a complete copy of all documents.
  • Two passport-style photographs taken within the preceding 6-month period.
  • The filing fee.

Step 6: If your application is approved, complete an approved gun course within 90 days. If unable to complete the course within this time, submit proof of enrollment.

Step 7: Submit an original, notarized certification of satisfactory completion of the firearms training course within 90 days of approval of your gun license. Failure to do so will require restarting the application process.

Step 8: Your license will be issued upon completion of the above steps.


FAQ: Delaware Concealed Carry Questions

Wear a COVID Mask & Carry?

I can legally carry a concealed firearm in Delaware, but can I wear a COVID-19 protective mask while carrying concealed?

Yes. There is no known statute in Delaware making it illegal to wear a COVID mask while carrying concealed. However, a state statute prohibits wearing masks, hoods, or other face-covering garments to deprive any person of their rights. [Del. Code Ann. tit. 11 § 1301(1)(g)]

Carry While Gun Hunting?

Can you concealed carry while shotgun/rifle hunting in Delaware?

No. While it’s legal to hunt deer with a handgun during shotgun deer season, the handgun must be used instead of a shotgun. Carrying both simultaneously in the field is prohibited.

Carry While Bow Hunting?

Can you concealed carry while bow hunting in Delaware?

No. Concealed carry is not permitted while bow hunting in Delaware.

Hunter Harassment Law?

Is there a Hunter Harassment Law in Delaware?

Yes. Delaware law prohibits willfully obstructing or impeding lawful fishing, hunting, or trapping activities. [Del. Code Ann. tit. 7 § 724]

What Are the Knife Laws in Delaware?

What are the knife laws in Delaware?

Open carry of any legal knife is allowed without a license. Concealed carry of folding knives with blades no longer than 3 inches is legal with a license. Delaware prohibits knives in schools and certain types of knives including switchblades and gravity knives. [Del. Code Ann. tit. 11 §§ 1442, 1446, 1446A, 1452, & 1457]


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