Delaware Gun Control Laws

In Delaware, state officials have sought to expand or strengthen gun control in recent years. In 2022 and 2023, Delaware Governor John Carney signed new gun control laws that:

• Ban the sale of assault weapons
• Increase the age to purchase most firearms to 21
• Strengthen background checks on firearms purchases and transfers
• Limit high-capacity magazines
• Remove gun industry immunity from lawsuits based on reckless or negligent conduct
• Ban guns near school safe zones and polling locations on election day, with limited exceptions

In May of 2024 Governor John Carney signed a "permit to purchase" handgun bill into law, which mandates gun safety training and a permit for handgun purchases. The permit requirement is set to take effect 18 months after the Governor signed it into law. It has sparked debate about Second Amendment rights. Supporters argue it will decrease gun violence, opponents claim it infringes on civil rights.

Delaware legislators in the General Assembly continue to pass new gun safety laws in spite of legal challenges and court rulings focused on Second Amendment rights to bear arms. As in other states, gun owners must navigate both federal and state laws that regulate the purchase, sale, possession, and use of firearms. State gun control laws vary from state to state.

Delaware gun control laws prohibit ownership or possession of certain weapons, such as sawed-off shotguns, machine guns, and silencers. Delaware gun laws define an assault weapon as either an assault long gun, an assault pistol, or a copycat weapon. Specific lists of firearms appear in the statute. The ban provides certain exceptions for members of the military, a law enforcement agency, or retired law enforcement officers.

The state imposes no waiting period for prospective gun buyers. However, Delaware provides near-universal background checks on purchases and transfers. An unlicensed seller must seek out a licensed firearm dealer to facilitate a transfer so that a background check occurs. As a result, a purchase or transfer may be denied when the prospective gun owner fails to pass a background check. 

Denials may occur due to felony or certain misdemeanor convictions, mental health commitments, abuse orders, and other protection orders.

Delaware requires those seeking to carry concealed firearms and other weapons to obtain a concealed carry license. The Delaware Superior Court issues the licenses with input from the Delaware Attorney General's Office. 

Delaware's regulatory scheme for its concealed carry license has remained in place since the U.S. Supreme Court decision in New York State Rifle & Pistol Association v. Bruen (2022). That case invalidated a New York statute that provided for the discretionary issuance of concealed carry permits when an applicant showed "proper cause."

Delaware does not ban open carry of firearms except in limited circumstances. The Delaware Constitution provides that:

A person has the right to keep and bear arms for the defense of self, family, home, and State, and for hunting and recreational use.

The Delaware Supreme Court has interpreted this provision to provide a public carry right for firearms in the state for purposes such as self-defense. It found state regulations that banned all firearms in state parks and forests except during designated hunting seasons to be unconstitutional. The public right to carry for self-defense is not absolute, but the government must demonstrate that any regulations are reasonable and necessary for public safety.

Not all states treat gun ownership the same way. The main provisions of Delaware's gun control laws are listed in the table below.

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts that include federal decisions, ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the status of the state law(s) you are reviewing.

Delaware Gun Control Laws: Related Resources

• Delaware Legal Research
• Delaware Code
• Official State Codes - Links to the official online statutes (laws) in all 50 states and DC.
• Gun Laws
• Domestic Violence: Firearms

Talk to an Attorney About Delaware Gun Control Laws

State and federal firearms regulations can be confusing, especially when they overlap. If you have a criminal or civil case involving guns, seeking legal advice may be a good idea. An experienced Delaware attorney in your area can help you understand your rights as a gun owner under federal and state law.