Home Contact Search:
About Us statistics-polling Laws And Policies publications-briefs Communications Get Involved
 

Delaware State Law Summary

Last updated January 25, 2007.
 
 

In 2004, 74 people died from firearm-related injuries in Delaware. National Center for Injury Prevention and Control, U.S. Centers for Disease Control and Prevention, WISQARS Injury Mortality Reports, 1999-2004, at http://webappa.cdc.gov/sasweb/ncipc/mortrate10_sy.html.

Article I, § 20 of the Delaware Constitution states: “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.”

In Short v. State, No. 228, 1990, 1991 Del. LEXIS 11 (Jan. 14, 1991), the Supreme Court of Delaware rejected defendant’s art. I, § 20 challenge to Del. Code Ann. tit. 11, § 1448, which prohibits the possession of a deadly weapon by a convicted felon. The court noted that "[c]ourts throughout the country…have uniformly ruled that the right to bear arms as guaranteed in various state constitutions...may be subject to reasonable restrictions for the public safety, including limitations on possession by persons with criminal records." Short, 1991 Del. LEXIS 11, *4. See also Green v. Green, No. 269, 1997, 1997 Del. LEXIS 365 (Del. Oct. 14, 1997) (rejecting defendant’s argument that a protective order limiting contact with his ex-wife and prohibiting the possession of a firearm for the duration of the order violated his "right to bear arms;" the opinion did not refer to art. I, § 20 directly).

In Smith v. State, No. 61, 2005, 2005 Del. LEXIS 322 (Aug. 17, 2005), the Supreme Court of Delaware rejected an art. I, § 20 challenge to Del. Code Ann. tit. 11, § 1441, which requires a permit for the carrying of a concealed weapon. The court rejected the defendant’s argument that art. I, § 20 entitles a person to conceal the weapon that he or she carries. Id. at * 8. See also Application of Wolstenholme, No. 92M-04-006, 1992 Del. Super. LEXIS 341, *6 (Del. Super. Ct. Aug. 20, 1992) (holding that the "right to bear arms" does not include a right to carry a concealed deadly weapon).

Delaware Code Annotated tit. 22, § 111 provides:

The municipal governments shall enact no law, ordinance or regulation prohibiting, restricting or licensing the ownership, transfer, possession or transportation of firearms or components of firearms or ammunition except that the discharge of a firearm may be regulated; provided any law, ordinance or regulation incorporates the justification defenses as found in [tit. 11, §§ 461-471]. Nothing contained herein shall be construed to invalidate municipal ordinances existing before July 4, 1985, and any ordinance enacted after July 4, 1985, is hereby repealed.

"Municipal governments" include all cities, towns and villages created under any general or special law for general governmental purposes, which possess legislative, administrative and police powers for the general exercise of municipal functions and which carry on such functions through a set of officials, and all unincorporated towns. Tit. 22, Chapter 1.

The "justification defenses as found in [title 11, §§ 461-471]" include such defenses to criminal liability as the use of force for self-protection, the protection of other persons, and the protection of property.

Title 22, § 835(a)(6) specifically prohibits the amending of a municipal charter to:

Prohibit, restrict or license ownership, transfer, possession or transportation of firearms or components of firearms or ammunition, except that the discharge of a firearm may be regulated; provided that any regulation or ordinance incorporates the justification defenses as found in [tit. 11 of the Delaware Code]. Nothing contained herein shall be construed to invalidate existing municipal ordinances.

County governments are likewise restricted from enacting any "law or regulation prohibiting, restricting or licensing the ownership, transfer, possession or transportation of firearms or components of firearms or ammunition" with an exception for discharge bans that incorporate the justification defenses as found in [tit. 11, §§ 461-471]. Tit. 9, § 330(c). The county prohibition does not allow existing ordinances to remain in effect. Id.

There is little case law interpreting title 22, § 111, title 22, § 835(a)(6) and title 9, § 330(c). In Sills v. Smith & Wesson Corp., No.: 99C-09-283-FSS, 2000 Del. Super. LEXIS 444 (2000), the Superior Court of Delaware, New Castle County rejected in part a motion to dismiss Wilmington, Delaware’s suit for damages caused by handguns against several firearms manufacturers and trade associations. Defendant claimed, among other things, that title 22, § 111 and title 22, § 835(a)(6) precluded the City’s lawsuit. Id. at *3-4. Evaluating the whole of plaintiff’s claims and reviewing case law from other jurisdictions, the court allowed almost all of Wilmington’s claims to proceed. Implicitly, the court held that title 22, § 111 and title 22, § 835(a)(6) are not barriers to lawsuits against firearms manufacturers and trade associations.

Title 10, § 8142(d) makes null and void any and all state laws and local ordinances that make the operation of a shooting range a nuisance or provide for abatement of the shooting range as a nuisance because of changed conditions in or about the locality, provided that the shooting range has been in operation for more than one year and the operation did not constitute a nuisance when it began, or provided that the shooting range’s change in operations did not constitute a nuisance when it occurred. See the Delaware Immunity Statutes / Manufacturer Litigation section for further information.

Please see the Preemption section of the Master List of Firearms Policies for a general discussion of this issue, as well as the Federal Preemption section of the Federal Law Summary page.

For general information on each policy, click the heading for that policy. Please note that many firearm-related laws have exceptions for military and law enforcement personnel.

Assault Weapons

No relevant statutes currently exist.

 

Background Checks (Brady Law)

Federal law generally requires that licensed firearms dealers conduct a background check on all prospective firearms purchasers to ensure that such persons are not prohibited from buying or possessing a firearm. This background check requirement and the National Instant Criminal Background Check System (“NICS”) were enacted through the Brady Handgun Violence Prevention Act, pursuant to Public Law 103-159, and codified at 18 U.S.C. § 921 et seq. Federal law defines a number of classes of prohibited purchasers (including felons, fugitives, persons adjudicated as “mental defectives” or those committed to mental institutions), and leaves to the states the power to determine additional classes. (For a complete list of federally prohibited purchasers, click here.)

Under the Brady Act, states have the option of serving as a “state point of contact” and conducting their own background checks using NICS and state informational records and databases, or having the checks performed by the FBI using only NICS.  Federal law does not require that private sellers (persons other than firearms dealers) conduct background checks on prospective purchasers.

In Delaware, all firearms transfers by licensed dealers are processed directly through the FBI, which enforces the federal purchaser prohibitions referenced above. Bureau of Justice Statistics Survey of State Procedures Related to Firearm Sales, 2005 (November 2006).  In addition, Delaware has adopted other classes of prohibited persons, and incorporated some of the federal prohibitions as state offenses.

Delaware also provides that licensed dealers may not sell or deliver any firearm to another person until the dealer has requested that the State Bureau of Identification (“SBI”) conduct a state criminal history and “involuntary commitment of an adult” record check, and received a unique approval number from the SBI. Del. Code Ann. tit. 11, § 1448A. This requirement does not apply to certain antique or replica firearms, shotguns, the return of a firearm by a licensed pawnbroker to the person who pawned it, or a person who holds a valid concealed deadly weapons permit. Tit. 11, § 1448A(j).

Pursuant to title 11, § 1448, Delaware prohibits the purchase, ownership, possession or control of a firearm or ammunition by any person:

  • Convicted in any jurisdiction of a felony or a crime of violence involving physical injury to another;

  • Ever committed for a mental disorder to any hospital, mental institution or sanitarium, unless the person possesses a certificate from a medical doctor or psychiatrist licensed in Delaware stating that the person is no longer suffering from a mental disorder which interferes or handicaps the person from handling deadly weapons;

  • Convicted of the unlawful use, possession or sale of a narcotic, dangerous drug or central nervous system depressant or stimulant as those terms were defined prior to the effective date of the Uniform Controlled Substances Act in June 1973, or of a narcotic drug or controlled substance as defined in title 16, chapter 47;

  • Who, while a juvenile, was adjudicated as delinquent for conduct which, if committed by an adult, would constitute a felony, unless and until that person has reached his or her 25th birthday;

  • Who is a juvenile, if the firearm is a handgun (unless the juvenile possesses the handgun for lawful hunting, instruction, sporting or recreational activity while under the direct or indirect supervision of an adult);

  • Subject to a Family Court protection from abuse order (other than an ex parte order), but only for so long as that order remains in effect or is not vacated or otherwise terminated (this provision does not apply to a contested order issued solely upon title 10, § 1041(1)(d), (e), or (h), or any combination thereof);

  • Convicted in any court of any misdemeanor crime of domestic violence (as defined by title 11, § 1448(a)(7)); or

  • Who knows that he or she is the defendant or co-defendant in a criminal case in which he or she is alleged to have committed a felony under federal law or the law of any state, and who becomes a fugitive from justice by failing to appear for any court proceeding pertaining to that felony for which proper notice was provided or attempted.

Any person prohibited solely as the result of a conviction for an offense which is not a felony is not prohibited from purchasing, owning, possessing or controlling a deadly weapon or ammunition if five years have elapsed from the date of conviction. Tit. 11, § 1448(d).

Delaware also prohibits any person from selling deadly weapons (including handguns) "made especially for the defense of one’s person" to an intoxicated person. Tit. 24, §§ 901, 903.

Firearms transfers by private sellers (non-firearms dealers) are not subject to background checks in Delaware, although federal and state purchaser prohibitions still apply.  See the Delaware Private/Secondary Sales section.

Ballistic Fingerprinting

No relevant statutes currently exist.

Carrying Firearms

*New Legislation Alert*  See LCAV's Recent Developments in State Law page.

Possession Restrictions

Delaware Code Annotated title 11, § 1457 makes it a crime for a juvenile to possess a firearm in a “Safe School and Recreation Zone,” including:

  • Within 1,000 feet of any building, structure, athletic field, sports stadium or real property owned, operated, leased or rented by any school, college or university;

  • Any motor vehicle owned, operated, leased or rented by any school, college or university; or

  • Most buildings or structures owned, operated, leased or rented by a government entity or a private organization, which are utilized as recreation centers, athletic fields or sports stadiums.

It is an affirmative defense that the weapon was possessed pursuant to an authorized course of school instruction, or for the purpose of engaging in any legitimate sporting or recreational activity. Id. For state administrative regulations implementing the federal Gun Free Schools Act, 20 U.S.C. § 7151, and Delaware Code Annotated title 11, § 1457, see 14-600-603 Del. Code Ann. §§ 1.0—3.0.

Title. 11, § 1256 prohibits knowingly and unlawfully introducing contraband (defined by tit. 11, § 1258 to include firearms) into a detention facility. That section also prohibits a person confined in a detention facility from knowingly and unlawfully making, obtaining, or possessing contraband. A "detention facility" is any place used to confine a person pursuant to court order. Tit. 11, § 1258.

Title 14, § 9004(b)(6) requires certain institutions of higher learning to publish rules and regulations governing the possession and use of firearms on campus by employees, students and visitors.

State administrative regulations govern possession of a firearm:

  • On lands, waters, and dikes administered by the Delaware Division of Fish and Wildlife, and the lands bordering the Chesapeake and Delaware Canal and licensed to the Delaware Department of Natural Resources and Environmental Control for wildlife management purposes (7-3000-3900 Del. Code Regs. §§ 8.3.4—8.3.6);

  • On lands administered by the Division of Parks and Recreation (7-9000-9201 Del. Code Regs. § 24.3);

  • In group homes for persons with mental illness (40-300-004 Del. Code Regs. § 61.1307);

  • In neighborhood homes for persons with developmental disabilities (40-300-008 Del. Code Regs. § 55.1106).

Transportation of Firearms

Title 7, § 708 provides that no person shall possess a loaded shotgun or rifle in, against or on any vehicle, piece of farm machinery, motorboat while under power, sailboat while under power, or have any ammunition in the magazine or chamber of such shotgun or rifle except when it is otherwise lawful to hunt crippled migratory birds from a motorboat as permitted by federal law.

Title 11, § 1457 makes it a crime for a juvenile to possess a firearm in any motor vehicle owned, operated, leased or rented by any school, college or university.

A state administrative regulation also prohibits weapons of any kind on a school bus. 14-1100-1105 Del. Code Regs. § 6.14.

Concealed Weapons Licensing Requirements

Delaware is a “may issue” state, meaning that the superior court in the county where the applicant resides has discretion in determining whether or not to issue a concealed deadly weapons license to an applicant.

Under Delaware Code Annotated title 11, § 1441(a)(1)-(3), a “person of full age [18 years or older; see tit. 1, § 701] and good moral character desiring to be licensed to carry a concealed deadly weapon for personal protection or the protection of the person’s property may be licensed to do so ” if the person:

  • Applies in writing to the Prothonotary of the county in which the applicant resides, at least 15 days before the next term of the superior court, stating that he or she seeks a license to carry a concealed deadly weapon for personal protection or protection of property, or both;

  • Files with his or her application a certificate signed by five respectable citizens of the county in which the applicant resides, stating that the applicant is "of full age, sobriety and good moral character," has a good reputation for peace and good order, and that possession of a concealed deadly weapon by the applicant is necessary for the protection of the applicant or the applicant’s property, or both;

  • Verifies his or her application by oath or affirmation in writing before a state-authorized officer, and states in writing that the applicant’s certificate and recommendations were read to or by its five signers and that the signatures are authentic; and

  • For an applicant’s initial license only, files a notarized certificate signed by an instructor or authorized representative of a sponsoring agency, school, organization or institution certifying that the applicant: 1) has completed a firearms training course which contains at least the minimum training elements (listed below); and 2) is sponsored by a federal, state, county or municipal law enforcement agency, college, nationally recognized organization that customarily offers firearms training or a firearms training school with instructors certified by a nationally recognized organization that customarily offers firearms training.  Firearms training courses must include instruction regarding:

    • Knowledge and safe handling of firearms;

    • Safe storage of firearms and child safety;

    • Knowledge and safe handling of ammunition;

    • Safe storage of ammunition and child safety;

    • Safe firearms shooting fundamentals;

    • Federal and state laws pertaining to the lawful purchase, ownership, transportation, use and possession of firearms;

    • State laws pertaining to the use of deadly force for self defense; and

    • Techniques for avoiding a criminal attack and how to manage a violent confrontation, including conflict resolution.

Live fire shooting exercises conducted on a range, including the expenditure of a minimum of 100 rounds of ammunition, and identification of ways to develop and maintain firearm shooting skills are also required. Id.

The fee for an application for a license to carry a concealed deadly weapon is $34.50. Tit. 11, § 1441(a)(4).

The license issued upon initial application is valid for two years. Tit. 11, § 1441(a)(5). The Prothonotary must lay before the superior court at its next term any application for license, and the court may or may not, in its discretion, approve the application, and may hear evidence and arguments for and against same. Tit. 11, § 1441(c), (d). If approved, the license is valid for a term to expire on the next June 1. Tit. 11, § 1441(e). Additional application and background check requirements are detailed under title 11, § 1441.

In addition, the Attorney General shall have the discretion to issue, on a limited basis, a temporary license to carry concealed a deadly weapon to any individual who is not a resident of Delaware and whom the Attorney General determines has a short-term need to carry such a weapon within the State in conjunction with that individual's employment for the protection of person or property. Tit. 11, § 1441(k).

Delaware prohibits carrying a concealed deadly weapon upon or about the person without a license. Tit. 11, §§ 1442.

                        Disclosure or Use of Information

The Prothonotary of the county in which an application for a license is filed shall cause notice of the application to be published once in a newspaper of general circulation published in the county at least 10 days before the next term of the Superior Court. Tit. 11, 1441(b). Every law enforcement officer of the state and of any political subdivision must transmit to the State Bureau of Identification the fingerprints, photographs and other data prescribed by the Director of the Bureau for all individuals making application for a permit to carry concealed deadly weapons. Tit. 11, § 8507. Records which disclose the identity or address of any person holding a permit to carry a concealed deadly weapon are not considered public records under Delaware’s Freedom of Information Act, and thus are not generally subject to public disclosure. Tit. 29, § 10002(g)(11). However, all records relating to concealed deadly weapon permits shall be available to bona fide law-enforcement officers. Id.

                        Duration & Renewal

The license issued upon initial application is valid for two years. Tit. 11, § 1441(a)(5). During the next term of the superior court, the court shall either approve or deny the application. Tit. 11, § 1441(c), (e). If the court approves the application, the license is valid until the next June 1. Tit. 11, § 1441(e). The license is valid for three-year periods upon each renewal. Tit. 11, § 1441(a)(5), (e). Renewal applicants must file an affidavit stating that the carrying of a concealed deadly weapon remains necessary for personal protection or protection of the person’s property, or both, and the person possesses all the requirements for the issuance of a license. Id. The superior court, upon good cause presented to it, may inquire into the renewal request and deny the same for good cause shown. Id. The fee for renewal is $34.50. Id.

                        Location Limits

Holders of licenses to carry a concealed weapon are subject to generally applicable possession prohibitions. Please see the Possession Restrictions and Transportation of Firearms sections above for further information.

                        Reciprocity

The Attorney General is required to publish on January 15th of each year a list of all states which have qualified for reciprocal recognition of concealed weapon licenses/permits from Delaware. Del. Code Ann. tit. 11, § 1441(j). The list of states with which Delaware has established reciprocity can be found on the Delaware Department of Justice's Concealed Deadly Weapons Reciprocity page.

Delaware gives full faith and credit to all state-authorized licenses/permits issued to the citizens of other states where the issuing states also give full faith and credit to licenses issued by Delaware, and where those licenses/permits afford a "reasonably similar degree of protection" as is provided by licensure in Delaware. Tit. 11, § 1441(j). The term "reasonably similar" does not preclude alternative or differing provisions nor a different source and process by which eligibility is determined. Id. However, if there is evidence of a pattern of issuing licenses/permits to convicted felons in another state, the Attorney General may not include that state on the list even if the law of that state is determined to be "reasonably similar." Id. The list is valid for one year and any removal of a state from the list may not occur without 1 year's notice of such impending removal. Id.

                        Brady Exemption

Concealed weapons permit holders in Delaware are not exempt from background checks when purchasing a firearm, according to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) chart that outlines those permits that qualify as alternatives to the Brady Act. Please note that ATF’s exempt status determination for a given state is subject to change without notice.

Under federal law, persons who have been issued state permits to purchase or possess firearms are exempt from background checks if those permits were issued: 1) within the previous five years in the state in which the transfer is to take place; and 2) after an authorized government official has conducted a background investigation, including a search of the NICS database, to verify that possession of a firearm would not be unlawful. 18 U.S.C. § 922(t)(3), 27 C.F.R. § 478.102(d).

 

Child Access Prevention

Delaware prohibits a parent, guardian or other person legally charged with the care or custody of a child less than 18 years old from knowingly, intentionally or with criminal negligence contributing to or failing to prevent the unlawful possession or purchase of a firearm by a juvenile. Del. Code Ann. tit. 11, § 603. A juvenile is a person less than 18 years of age. Tit. 1, § 701. However, it is a defense to a charge of violating title 11, § 603 if the person charged had a lock on the trigger of the firearm and did not tell or show the juvenile where the key to the trigger lock was kept. Tit. 11, § 603. It is also a defense if the person had locked the firearm in a key or combination locked container and did not tell or show the juvenile where the key was kept or what the combination was. Id.

In addition, title 11, § 1456 prohibits any person from allowing a minor access to a firearm when the person intentionally or recklessly stores or leaves a loaded firearm within the reach or easy access of a minor, and where the minor obtains the firearm and uses it to inflict serious physical injury or death upon the minor or any other person. A minor is defined as a person less than 18 years of age. Tit. 1, § 701. If an adult is prosecuted under this section, he or she may raise the following affirmative defenses:

  • The firearm was stored in a locked box or container or in a location which a reasonable person would have believed to be secure from access to a minor;

  • The minor obtained the firearm as the result of an unlawful entry by any person; or

  • The serious physical injuries or death to the minor or any other person resulted from a target or sport shooting accident or hunting accident.

Id.

A parent is criminally liable for "unlawfully dealing with a dangerous weapon" when he or she permits his or her child under age 16 to possess a firearm unless under the parent’s direct supervision. Tit. 11, § 1445(3).

State administrative regulations govern the storage of firearms in:

Dealer Regulations / Permitting

Any person seeking to engage in the business of selling deadly weapons “made especially for the defense of one’s person,” which specifically includes handguns, must acquire a “special license to sell deadly weapons.” Del. Code Ann. tit. 24, § 901. The license is valid until the first day of June following the license’s issuance. Tit. 24, § 902. An application fee of $50 must accompany an application for a license to conduct such business or an application for renewal of such license. Id.

Licensed dealers must, after reviewing a potential firearm purchaser’s identification and receiving a consent form from the potential purchaser, request that the State Bureau of Identification ("SBI") conduct a criminal history and "involuntary commitment of an adult" record check, and receive a unique approval number from the SBI, prior to transferring any firearm. Tit. 11, § 1448A(a). See the Delaware Background Checks section for further information. In the event a potential buyer or transferee is prohibited from purchasing a firearm, within seven days of the notification of said prohibition, the licensee shall deliver to the State Bureau of Identification a copy of all consent forms executed by the potential buyer along with the contact information of any agent or employee of the licensee who witnessed the prohibited attempted sale or transfer, and the number, type, descriptions and serial numbers of the firearms the potential buyer sought to obtain. Tit. 11, § 1448A(a)(5).

Licensed dealers are required to keep and maintain a record of all deadly weapons sales, including the date of the sale, the name and address of the purchaser, the number and kind of deadly weapons purchased, the age of the purchaser, and the picture identification used.  Tit. 24, § 904(a).  The record must be kept at the place of business, and shall be open for inspection by any judge, justice of the peace, police officer, constable or other peace officer of the state at all times.  Id.

In addition, licensed dealers must keep a list of all current employees and conduct annual criminal background checks on these employees (per the procedures set forth in title 11, § 1448A), and must maintain a record of the results of the employee background checks. Tit. 24, § 904(b). The employee lists and background check records are considered confidential but open to inspection by law enforcement. Id. Dealers must not knowingly allow any employee who is a person prohibited from possessing a deadly weapon pursuant to title 11, § 1448 to facilitate a sale of a deadly weapon. Id.

Licensed dealers also are required to facilitate the transfer of a firearm at the request of any unlicensed seller by conducting a background check on the prospective buyer. Tit. 24, § 904A(b). Both the unlicensed seller and prospective purchaser must appear at the licensed dealer’s place of business to complete the background check and transaction. Id. The sale cannot proceed if the prospective buyer is prohibited from possessing, purchasing or owning a firearm per the results of the background check under title 11, § 1448. Tit. 24, § 904A(b). Failure or refusal by the dealer to facilitate the transfer of a firearm pursuant to these procedures is adequate cause to suspend the dealer’s license for up to 30 days per occurrence. Id.

Violators of tit. 24, chapter 9 shall be imprisoned up to 6 months and/or fined up to $250. Tit. 24, § 905.

Number of Federally Licensed Firearms Dealers

There are 115 federally licensed firearms dealers and pawnbrokers in Delaware. Federal firearms licensee totals for Delaware as of October 19, 2006 were provided by the U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives.

For state laws governing gun sales generally, see the Delaware Private/Secondary Sales section.

Gun Shows

No relevant statutes currently exist.

See the Delaware Private/Secondary Sales section for state laws that apply at gun shows.

Immunity Statute

Compliance with the background check provisions of Delaware Code Annotated title 11, § 1448A is a complete defense to any claim or cause of action under Delaware law for liability for damages arising from the importation or manufacture, or subsequent sale or transfer of a firearm shipped or transported in interstate or foreign commerce to a person convicted in any court of a crime punishable by imprisonment for a term exceeding one year. Tit. 11, § 1448A(i).

Title 10, § 8142(c) states:

No shooting range...shall be or become a nuisance, private or public, by any changed conditions in or about the locality thereof after the same has been in operation for more than 1 year if the operation or the change did not constitute a nuisance from the date the shooting range...began or the date the change in the operation began. Likewise, a shooting range...which fully complied with local zoning requirements when operations first began shall not be deemed to be non-compliant based upon zoning requirements which have subsequently changed since the initial commencement of operations.

However, this section does not apply:

  • When a nuisance results from the negligent or improper operation of the shooting range;

  • When there has been a significant and fundamental change in the operation of the shooting range;

  • When the shooting range does not conform to federal, state or local health requirements, or zoning requirements that existed when the shooting range began operations; and

  • When the shooting range is conducted in a negligent or unlawful manner.

Tit. 10, § 8142(b), (d).

For detailed information about government and private party lawsuits against the gun industry, the status of litigation involving gun industry immunity statutes in various states, or pending gun industry immunity legislation, visit the Brady Center's Legal Action Project and the Coalition to Stop Gun Violence's Gun Industry Immunity page.

Junk Guns / Saturday Night Specials

No relevant statutes currently exist.

Large Capacity Ammunition Magazines

No relevant statutes currently exist.

Licensing of Gun Purchasers / Owners

No relevant statutes currently exist.

Locking Devices

Delaware prohibits a parent, guardian or other person legally charged with the care or custody of a child less than 18 years old from knowingly, intentionally or with criminal negligence contributing to or failing to prevent the unlawful possession or purchase of a firearm by a juvenile. Del. Code Ann. tit. 11, § 603. A juvenile is a person less than 18 years of age. Tit. 1, § 701. However, it is a defense to a charge of violating title 11, § 603 if the person charged had a lock on the trigger of the firearm and did not tell or show the juvenile where the key to the trigger lock was kept. Tit. 11, § 603. It is also a defense if the person had locked the firearm in a key or combination locked container and did not tell or show the juvenile where the key was kept or what the combination was. Id.

Minimum Age to Purchase / Possess

Like federal law, Delaware law prohibits possession of a handgun by a "juvenile," except for the purpose of engaging in lawful hunting, instruction, sporting or recreational activity while under the direct or indirect supervision of an adult. Del. Code Ann. tit. 11, § 1448. See 18 U.S.C. § 922(x)(2), (3) and (5) (prohibiting possession of a handgun by a juvenile, and defining "juvenile" as anyone under age 18). The term "juvenile" is not defined under Delaware law, although Delaware Code Annotated title 1, § 701 states that any person who attains age 18 is deemed to be of full legal age for all purposes. There is no minimum age to possess long guns under Delaware or federal law.

Delaware law prohibits the sale of a handgun or other deadly weapon "made especially for the defense of one’s person" to a person under age 21. Tit. 24, § 903. Delaware also prohibits the sale or transfer of any firearm or ammunition to a person under age 18 unless the person is the child’s parent or guardian, or unless the person first receives permission from the child’s parent or guardian. Tit. 11, § 1445(4).

One-Gun-Per-Month

No relevant statutes currently exist.

 

Personalized / Smart Guns

No relevant statutes currently exist.

 

Secondary / Private Sales

Private firearms transfers (i.e., transfers by non-firearms dealers) are not subject to a background check requirement in Delaware, although federal and state purchaser prohibitions still apply. See the Delaware Background Checks section.

However, licensed dealers are required to facilitate the transfer of a firearm when any unlicensed seller requests that the licensed dealer conduct a background check on the prospective buyer. Del. Code Ann. tit. 24, § 904A(b). Both the unlicensed seller and prospective purchaser must appear at the licensed dealer’s place of business to complete the background check and transaction. Id. The sale cannot proceed if the prospective buyer is prohibited from possessing, purchasing or owning a firearm per the results of the background check under title 11, § 1448. Tit. 24, § 904A(b). See the Delaware Dealer Regulations section.

Delaware prohibits any person from selling deadly weapons (including handguns) "made especially for the defense of one’s person" to anyone under age 21 or any intoxicated person. Tit. 24, §§ 901, 903. Delaware otherwise prohibits selling, giving, or otherwise transferring a firearm or ammunition to a child under age 18 unless the person is the child’s parent or guardian, or unless the person first receives permission from the child’s parent or guardian. Tit. 11, § 1445(4).

In addition, Delaware prohibits any sale, gift, or transfer of a firearm to any person knowing that the recipient intends to commit any felony. Tit. 11, § 1445(5).

Delaware also prohibits selling, transferring, giving, lending, or otherwise furnishing a firearm to a person knowing that the person is a person prohibited from possessing a firearm by tit. 11, § 1448. Tit. 11, § 1454. See the Delaware Background Checks section for a list of these prohibited purchasers.

Delaware prohibits furnishing a deadly weapon to any person committed to the jurisdiction of the State Department of Corrections. Tit. 11, § 6562A.

Delaware prohibits purchasing or obtaining a firearm on behalf of a person not qualified to legally purchase, own or possess a firearm, or for the purpose of selling, giving or otherwise transferring a firearm to a person not legally qualified to purchase, own or possess a firearm. Tit. 11, § 1455.

Delaware prohibits knowingly transporting, shipping, possessing or receiving any firearm with the knowledge that the importer’s or manufacturer’ serial number has been removed, obliterated or altered in a manner that has disguised or concealed the identity or origin of the firearm. Tit. 11, § 1459.

Registration of Guns

If the State Bureau of Identification ("SBI") performs a background check and determines that a potential buyer or transferee of a firearm is not prohibited from receipt or possession of the firearm, any SBI officer or employee may only disclose records containing the information that the licensed dealer obtained from that potential buyer or transferee to other law enforcement agencies. Del. Code Ann. tit. 11, § 1448A(d). Such records are confidential. Id. The SBI and other law enforcement agencies must destroy any such records after approving the sale or transfer and within 60 days of the receipt of the licensee’s request for a background check. Id. The state is not allowed to maintain records containing the names of licensees who receive unique approval numbers or to maintain records of firearm transactions, including the names of other identification of licensees and potential buyers or transferees not prohibited from the receipt or possession of firearms. Id. However, the SBI must maintain a log of dates of requests for criminal history record checks and unique approval numbers corresponding to such dates for a period of not longer than 1 year. Id. The SBI is permitted to retain whatever information it receives if it has probable cause to believe the potential buyer or transferee is committing a crime. Id.

In addition, title 11, § 8507 requires every law enforcement officer of the state and of any political subdivision thereof to transmit to the SBI the fingerprints, photographs and other data prescribed by the SBI’s Director of all individuals making application for a permit to buy or possess illegal firearms, as well as copies of any reports required to be made by the Director by pawnshops, second-hand dealers and dealers in weapons.

Waiting Period

No relevant statutes currently exist.

Bureau of Alcohol, Tobacco, Firearms and Explosives, Baltimore Field Division (DE, MD)
  Delaware Department of Justice

 
Questions/Comments about this site? Copyright© 2010 Legal Community Against Violence Legal Disclaimer