Delaware Constitutional Carry Laws
Legal information provided is for reference and not legal advice. Consult an attorney for specific legal concerns.
Legal information provided is for reference and not legal advice. Consult an attorney for specific legal concerns.
In recent years, Delaware officials have strengthened gun control laws. In 2022 and 2023, Governor John Carney signed legislation that:
- Bans the sale of assault weapons
- Raises the age to purchase most firearms to 21
- Enhances background checks for firearm purchases and transfers
- Limits high-capacity magazines
- Removes immunity for the gun industry from lawsuits based on reckless or negligent conduct
- Bans guns near school safe zones and polling locations on election day, with limited exceptions
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Delaware legislators continue to pass new gun safety laws despite legal challenges and court rulings related to Second Amendment rights. Gun owners must navigate both federal and state regulations regarding the purchase, sale, possession, and use of firearms, which vary by state.
Delaware law prohibits ownership or possession of certain weapons, such as sawed-off shotguns, machine guns, and silencers. Assault weapons are defined as assault long guns, assault pistols, or copycat weapons, with specific firearms listed in the statute. Exceptions exist for military members, law enforcement, and retired officers.
There is no waiting period for gun buyers in Delaware, but near-universal background checks are required for purchases and transfers. Unlicensed sellers must work with licensed dealers to facilitate these checks, and purchases may be denied if the buyer fails the background check due to factors such as felony convictions, certain misdemeanors, mental health commitments, or protective orders.
To carry concealed firearms, individuals must obtain a license from the Delaware Superior Court, with input from the Attorney General’s Office. This regulatory framework remains in place following the U.S. Supreme Court decision in New York State Rifle & Pistol Association v. Bruen (2022), which invalidated New York’s discretionary permit system.
Delaware does not generally ban open carry, except in limited situations. The state constitution affirms the right to bear arms for self-defense, hunting, and recreational use. The Delaware Supreme Court has upheld the public carry right for self-defense, ruling that blanket bans in state parks and forests are unconstitutional. However, any regulations must be reasonable and necessary for public safety.
- Section 1444 : Possessing a destructive weapon
- Section 1441 : License to carry concealed deadly weapons
- Title 11, Section 1445 : Unlawfully dealing with a dangerous weapon
- Title 11, Section 1448 : Possession and purchase of deadly weapons by persons prohibited
- Title 11, Section 1457 : Possession of a weapon in a Safe School and Recreation Zone
In Delaware, it is illegal to own:
- Firearm silencers
- Sawed-off shotguns
- Machine guns
- Firearms adaptable for use as a machine gun
- Bump stocks, trigger cranks, or rapid-fire devices
- Assault-style weapons (with exceptions)
There is no waiting period to purchase a gun in Delaware.
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Individuals prohibited from owning a firearm include:
- Those convicted of a felony or violent crime involving physical injury
- Persons committed to a mental institution
- Individuals convicted of unlawful use, possession, or sale of controlled substances
- Persons under 25 adjudicated as delinquent for felony-equivalent conduct
- Persons under 21 (with exceptions, such as those with a concealed carry permit)
- Individuals convicted of misdemeanor domestic violence
- Persons otherwise prohibited under federal law
- Individuals subject to a Family Court Protective Order
- Felony fugitives
A license is not required to purchase firearms, but a license is needed for concealed carry.
- Must obtain a Concealed Deadly Weapons License (CDWL).
- Need a CCW permit from a state recognized by Delaware. The attorney general may issue temporary permits for those working in the state.
Open carry is allowed for anyone over 18 who can legally possess a gun, but it is prohibited in certain areas, such as schools.
To qualify, applicants must:
- Be at least 18 years old
- Demonstrate good moral character
- Complete a firearms training course with live-fire exercises
- Provide five references from county residents attesting to age, sobriety, and character
- Publish the application in a local newspaper 10 days before filing
- Not be prohibited from firearm ownership under federal or state law
- It is illegal to sell, transfer, or buy machine guns in Delaware.
- Carrying a concealed weapon without a license : Class D felony, up to eight years imprisonment.
- Possessing a destructive weapon : Class E felony, up to five years imprisonment. First offense for a bump stock, trigger crank, or rapid-fire device is a misdemeanor.
- Possession by a prohibited person : Class D felony, up to eight years imprisonment.
