State · DE
Delaware gun laws
Here's a plain-language look at Delaware's own firearm laws, topic by topic. Federal law applies here too, so it's worth reading the federal page alongside this one. City and county rules aren't covered, and some places have stricter ones.
At a glance: Permit needed to carry concealed · magazine limit (17 rounds) · “assault weapon” ban
Recently changed or in flux
- Recently changedThe handgun permit-to-purchase law has been in effect since Nov. 16, 2025; a federal court denied a preliminary injunction, and the litigation continues.
- In courtThe assault weapon and magazine laws are being challenged in federal court.
Permit to purchase#
- Handguns
- Yes. A handgun Permit to Purchase has been required since Nov. 16, 2025 (from the State Bureau of Identification; it involves training, fingerprints and a background check). Holders of a valid CCDW license are exempt.
- Long guns
- No state permit required. Licensed dealers run the federal NICS background check.
Registration#
- No state firearm registration.
Carrying a handgun#
- Permitless carry
- No.
- Concealed carry permit
- Permit through the Superior Court (CCDW). The statute is still written as discretionary: the court 'may or may not, in its discretion,' approve an application, and applicants file a certificate from 5 residents of their county (11 Del. C. § 1441). Since Bruen, practice is believed to be effectively shall-issue, but that hasn't been confirmed.Unverified: We haven't confirmed this against the statute yet. Check the official source. See the note below.
- Open carry
- Generally lawful under state law without a permit; local restrictions may apply.
- Reciprocity
- Delaware honors permits from a list of states kept by the Attorney General. Before you travel, check the current recognition list on the state's official page, because these lists change.
Unverified: The statute text is still discretionary (11 Del. C. § 1441(d)); how the Superior Court applies it after Bruen hasn't been confirmed from an official source. We haven't confirmed this against the statute yet, so check the official source.
“Assault weapon” rules#
- Yes. The 2022 Delaware Lethal Firearms Safety Act covers the sale, manufacture and possession of new covered weapons; litigation is ongoing.
Magazine limits#
- 17 rounds (2022).
Waiting period#
- None at the state level. Dealers run the federal NICS background check only.
Background checks and private sales#
- Yes, universal (through a licensed dealer).
Red flag (ERPO) law#
- Yes. Delaware has Lethal Violence Protective Orders (2018).
Suppressors, SBRs and SBSs#
- Suppressors
- Prohibited for civilians.
- Short-barreled rifles and shotguns
- Short-barreled shotguns are prohibited: a 'sawed-off shotgun' (a barrel under 18 inches, or an overall length under 26 inches) is a destructive weapon under 11 Del. C. § 1444. State law has no similar ban on short-barreled rifles, so SBRs are legal at the state level if federally compliant (Wilmington restricts them).
About the October 2026 federal NFA change
On October 9, 2026, ATF said it will stop enforcing the NFA's approval and registration requirements for suppressors, short-barreled rifles and shotguns, and AOWs. Delaware's own restrictions on suppressors and some short-barreled firearms still apply. ATF's federal non-enforcement policy doesn't change state law. Where Delaware allows these items only if federal requirements are met, it isn't settled how state law treats an item that is no longer federally registered. Check with state authorities before relying on ATF's change.
Ammunition#
- No state background check, license or permit for buying ammunition was identified.
Minimum ages#
- Handgun purchase
- 21
- Long gun purchase
- 21, with exceptions (11 Del. C. §§ 1445(a)(4), 1448).
Shipping and buying online#
- Magazines over 17 rounds and covered 'assault weapons' can't be sold to DE buyers, and handgun buyers now need a Permit to Purchase, which the receiving dealer verifies.
Buying a firearm online means it ships to a licensed dealer, who completes the transfer. Find one near you in the Dealer Finder. Retailers make the final call on what they'll ship, so always check their policy too.
Pending legislation and litigation#
Bills, ballot measures, rules and court cases that could change the rules in Delaware. We check this list every week; last scan . See everything we're tracking.
No open items right now. Here's what was settled recently.
Recently resolved (1)
United States v. Bost and Williams v. Attorney General (the federal felon ban, 922(g)(1))
Nos. 24-1719 and 24-1091 · U.S. Court of Appeals, 3rd Circuit (en banc)
Status:
The full Third Circuit, which covers Pennsylvania, New Jersey, Delaware and the U.S. Virgin Islands, decided two challenges to 18 U.S.C. 922(g)(1). That's the federal ban on having a gun after a conviction for a crime punishable by more than a year in prison. In Bost, the court upheld the ban for a man convicted of terroristic threats, because a conviction involving a threat of violence shows a risk of misusing guns. In Williams, it held that the lifetime ban couldn't be applied to a man whose disqualifying conviction was a repeat drunk-driving offense, because the government didn't show a historical tradition of permanently disarming people for that kind of conduct.
What it changed: In the Third Circuit, a person whose only disqualifying record is a nonviolent offense like Williams's may be able to challenge the ban as applied to them. It isn't automatic: the felon ban still applies, each person's record matters, and the ban still stands for people with violent convictions like Bost's.
Outcome: Decided Oct. 13, 2026: the ban was upheld as applied to Bost (terroristic threats) and held unconstitutional as applied to Williams (a repeat DUI).
Status history (2)
- :
- :
Sources and official links#
- Delaware State Police - Permit to Purchase · Officialhttps://dsp.delaware.gov/permit-to-purchase/
- Delaware Code Title 11, Ch. 5, Subch. VII · Officialhttps://delcode.delaware.gov/title11/c005/sc07/index.html
- DE AG statement on permit-to-purchase ruling (Nov. 14, 2025) · Officialhttps://news.delaware.gov/2025/11/14/ag-jennings-statement-on-federal-permit-to-purchase-ruling/
Delaware entry last reviewed . Official state sites can move or change; if a link stops working, search the agency's site for the same title.
Notes that apply everywhere
Federal NFA change (suppressors, SBRs, SBSs, AOWs)
Congress set the federal NFA making and transfer tax to $0 for suppressors, short-barreled rifles (SBRs), short-barreled shotguns (SBSs) and 'any other weapons' effective January 1, 2026 (One Big Beautiful Bill Act, 2025). After a federal district court ruling (Silencer Shop Foundation v. ATF, N.D. Tex., Aug. 5, 2026), ATF published an open letter from Director Robert Cekada, a press release, a fact sheet and an FAQ saying that as of October 9, 2026 it will not enforce the NFA's approval, registration, tax-stamp and related requirements for those four items, for everyone. Machine guns and destructive devices remain fully regulated. The Gun Control Act still applies, including dealer background checks, the prohibited-person rules, and an approved Form 20 to take an SBR or SBS across state lines, and dealers still may not sell in violation of state or local law. ATF says this does not override state or local law. A state that bans these items still bans them. Many state laws make these items legal only if they are 'registered' or 'lawful under federal law', and how those state laws apply to unregistered items is currently unclear. ATF also warns that enforcement could resume if the law, the ruling or DOJ policy changes. Keep this note in mind whenever you read a state's suppressor, SBR or SBS entry.
U.S. Supreme Court 'assault weapon' cases
The Supreme Court granted review (June 30, 2026) in Viramontes v. Cook County (No. 25-238, a Cook County, IL ordinance) and Grant v. Higgins (No. 25-566, Connecticut). The question is whether the Second Amendment protects possession of AR-15-platform rifles. The cases are scheduled for oral argument on December 2, 2026 (not yet argued as of October 15, 2026), and a decision is expected by mid-2027. Magazine-limit petitions (for example Duncan v. Bonta from CA and NAGR v. Lamont from CT) and New Jersey's petition (No. 26-452) were pending as of mid-October 2026. Every state 'assault weapon' and magazine entry could change as a result.
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Wolford v. Lopez (U.S. Supreme Court, June 25, 2026)
The Court struck down Hawaii's rule that licensed carriers may not carry on private property open to the public without the owner's express permission. Similar 'default no-carry on private property' rules in some other states (for example CA, NY, NJ and MD) may be affected. This guide hasn't verified how each state has responded.
Federal minimum ages
Under federal law, licensed dealers may sell handguns only to buyers 21 and older, and long guns only to buyers 18 and older. Federal courts have split on whether the 18-20 handgun-sale restriction is constitutional, and this guide doesn't try to resolve that litigation. State rules on how old minors must be to possess guns aren't fully covered here.
Local ordinances
Many cities and counties (for example Chicago and Cook County, IL; Denver and Boulder, CO; Philadelphia, PA; and New York City) have rules stricter than state law. This guide covers state-level law only.
All states, DC and territories · Federal law
Disclaimer
The firearm law information in Firearms Almanac's Laws & Regulations guide (federal, state and territory) is provided for general informational purposes only and is not legal advice. It is not a substitute for advice from a licensed attorney in your jurisdiction. Firearm laws change frequently, differ by city and county, and are often affected by court decisions that can take effect with little notice. We try to keep this guide accurate and cite official sources, but we make no guarantee that any entry is complete, current, or correct, and we are not responsible for actions taken based on it. Before buying, selling, carrying, transporting, or shipping any firearm, ammunition, magazine, or accessory, check the current law with the official federal, state or territory source linked on each page and, where appropriate, a qualified attorney. Retailers listed on this site set their own shipping and sales policies and are responsible for complying with the law. Each entry shows the date it was last checked. See also our site Disclaimer.