Quick disclaimer before you read another word.
We're not lawyers, we just really like guns and really like teaching people how to take care of them. This page is for education and entertainment only, not legal advice.
Honestly, keeping up with gun laws is a lot like wrestling eels. Just when you think you've got a grip on it, something changes. A court rules a different way, a new bill passes, a county does things a little different than the county next door. Use this as a solid starting point, not the final word. Always double check with your state, local, and federal resources (official links are at the bottom of this page) before you make a decision that actually matters.
Alright, now let's get into it.
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Delaware - DE Gun Laws
Last reviewed: August 04, 2026
At a Glance
Delaware is a may-issue state for concealed carry — the Concealed Deadly Weapon License (CDWL) goes through the Superior Court with a formal application, citizen references, and newspaper publication, though most qualified applicants are ultimately approved. Open carry itself is legal without a permit for adults 21 and older. As of November 2025, Delaware requires a separate purchase permit for firearms (CDWL holders are exempt), a genuinely new and significant restriction. Delaware caps magazines at 17 rounds and bans a defined list of semiautomatic firearms under a 2022 law upheld by the Third Circuit. Suppressors are completely illegal to possess — Delaware is one of only about eight states with a full civilian ban.
Purchasing and Background Checks
As of November 2025, Delaware requires a firearm purchase permit in addition to the standard federal NICS background check, unless the buyer already holds a CDWL (which exempts them from the separate purchase-permit process). Federal age minimums apply: 18 for a long gun, 21 for a handgun. This is a genuinely new requirement — worth flagging clearly since it changes Delaware's purchase framework significantly from where it stood before 2024.
Private Transfers
Private-party firearm transfers to anyone other than family must go through a licensed dealer, who runs the required background check and keeps a sale record. Exemptions apply for transfers to immediate family members, qualified law-enforcement officers, and certain short-term transfers to someone personally known to the owner.
Who May Not Possess Firearms
Delaware follows the standard federal prohibited-persons categories: felony conviction, certain domestic violence convictions or active protective orders, unlawful drug users, individuals adjudicated mentally defective or committed to a mental institution, fugitives from justice, dishonorable military discharge, undocumented immigration status, and renunciation of U.S. citizenship. Delaware also has a red-flag law allowing certain petitioners to seek a court order temporarily removing firearms from someone found to pose a risk.
Open Carry
Legal without a permit for anyone 21 or older who can otherwise legally possess a firearm, subject to restrictions in sensitive locations like schools and detention facilities.
Concealed Carry
Requires a Concealed Deadly Weapon License (CDWL), issued may-issue through the Superior Court. The formal process includes a written application, a certificate from five citizens attesting to good moral character, 10 business days of newspaper publication of the application, fingerprinting, and a state-approved training course covering Delaware deadly-force law and live firing. Despite the formally discretionary structure, most qualified applicants are approved in practice. Delaware has not adopted permitless carry.
Vehicle Transportation
A valid CDWL is required to carry a concealed firearm in a vehicle. Open carry in a vehicle by someone eligible to possess a firearm is generally treated the same as open carry on foot, subject to the same sensitive-location restrictions.
Restricted Locations
Delaware's restricted-location list includes K-12 schools and detention facilities, with local ordinances and additional sensitive-place bans applying in some areas. Federal restrictions still apply regardless of state law — federal buildings and other federal property remain off-limits under federal statute.
Minors and Firearms
Delaware does not set a comprehensive statewide minimum age for possessing a firearm beyond the federal purchase-age framework (18 for long guns, 21 for handguns through a dealer, matching Delaware's own CDWL age floor). Supervised possession and use by minors below these ages — for hunting, target shooting, or firearms safety instruction under adult supervision — is common practice and not separately restricted by a dedicated state age-floor statute.
Magazine and Firearm Restrictions
Delaware bans magazines over 17 rounds (a first offense is a misdemeanor, subsequent offenses a felony) and bans a defined list of semiautomatic firearms and shotguns under a 2022 law. The Third Circuit Court of Appeals has upheld both bans against constitutional challenge, so they're currently settled and enforced rather than pending litigation.
Self-Defense Laws
Delaware is not a Stand Your Ground state. Under 11 Del. C. § 464, a person has a duty to retreat before using deadly force if it can be done safely. The exception is Delaware's castle doctrine: within your own dwelling, there is no duty to retreat, and deadly force is justified if you reasonably believe it's necessary to prevent death, serious physical injury, kidnapping, or forcible sexual assault.
State Preemption and Local Rules
Delaware has partial preemption — counties and municipalities are generally barred from regulating the ownership, transfer, or possession of firearms, though local governments retain authority over the discharge of firearms and can impose limited carry restrictions in certain locations.
Official Resources
Delaware Department of Justice, Concealed Carry Deadly Weapons (CCDW) resources: attorneygeneral.delaware.gov
Delaware Code, Title 11 (full text): delcode.delaware.gov
Delaware Superior Court, Office of the Prothonotary: for CDWL applications
ATF: for federal NFA questions — note that Delaware's own state law bans suppressor possession outright regardless of federal approval
Sources checked for this page:
Delaware Concealed Deadly Weapon License (CDWL) — may-issue via Superior Court application process
Delaware's new firearm purchase permit law, signed May 16, 2024, effective November 2025 (CDWL holders exempt)
Delaware's 17-round magazine capacity limit and 2022 assault weapons ban (upheld by the Third Circuit)
11 Del. C. § 464 — duty to retreat outside the home; castle doctrine within the dwelling
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