Delaware

FOPA applies for pass-through travel.

Legal without a permit, but restricted in 'Safe School and Recreation Zones' (parks) unless CCW holder.

Standard TSA rules apply.

Technically May Issue in statute text, but Shall Issue in practice post-Bruen (Good Cause removed).

Issued by Superior Court. Requires publishing application in a newspaper, 5 references, and training.

Prohibited by Safe School Zone statute.

Federal GFSZA applies. State law (§ 1457) exempts CCW holders from the state ban in school zones.

Without a CCW, a loaded firearm in a vehicle is considered 'concealed' unless in plain view (highly risky).

Allowed if compliant with state law (CCW required for concealed).

Schools, Recreation Zones (Parks), Polling Places, Courthouses, Detention Facilities.

If no CCW, firearm should be unloaded and in plain view (e.g., dash) or inaccessible (trunk) to avoid 'concealed' charge.

SBRs and SBSs are legal if registered under NFA. However, SBRs must comply with the Assault Weapon Ban (feature test).

Possession of unfinished frames/receivers without serial numbers is illegal.

Legal if registered under NFA.

All frames/receivers must be serialized.

No microstamping requirement.

Flash suppressors are banned features on semi-auto rifles with detachable magazines. Sound suppressors (silencers) are legal to own (NFA rules apply).

Yes, sale and possession of 'assault weapons' (including AR-15s) is banned unless owned prior to June 30, 2022.

Limited to 17 rounds. EXCEPTION: Holders of a valid Delaware Concealed Carry Permit are exempt from this limit.

Fixed magazine or featureless builds (no pistol grip, flash hider, folding stock) may be compliant if not named specifically.

No state registry for non-NFA items.

Liability exists if a child obtains a loaded firearm due to reckless storage.

Yes, Lethal Violence Protective Orders (LVPO) exist.

No registration. However, you CANNOT bring 'Assault Weapons' or 'Large Capacity Magazines' (>17) into the state unless you owned them in DE prior to June 2022 (impossible for new residents).

Must report loss/theft within 7 days of discovery.

Must use FFL for background check.

Exempt from FFL requirement for immediate family (parent, child, sibling, grandparent, spouse).

No mandatory insurance.

Criminal liability if a child accesses a loaded firearm.

Federal law prohibits possession by unlawful users of controlled substances. Marijuana remains federally illegal.

Illegal aliens are prohibited. Legal aliens with valid visas may possess if they meet exceptions (e.g., hunting license).

All private transfers must be facilitated by a licensed dealer (FFL) with a background check.

Illegal to purchase a firearm for another person to conceal their identity or if they are prohibited.

Yes, misdemeanor crimes of domestic violence prohibit possession.

Delaware is a Point of Contact state; dealers contact the State Bureau of Identification (SBI) for checks.

Includes persons convicted of any felony (not just >1 year), crimes of violence involving physical injury, and those subject to PFA orders.

Felons, fugitives, unlawful users of controlled substances, domestic violence misdemeanants, and those involuntarily committed to mental institutions.

21 for handguns and most rifles. 18 for shotguns and muzzle-loading rifles.

No statutory waiting period in days; transfer proceeds upon SBI approval (usually instant to 3 days).

No handgun roster.

Law passed in 2024 (SB 2) requires a permit, but implementation is pending administrative setup. Not currently enforced at point of sale as of late 2025.

Legal, but must ship to a Delaware FFL for transfer.

No rationing of purchases.

Must be 21 to buy handgun/rifle ammo (except shotgun/muzzleloader). No quantity limits.

Handguns must be shipped to DE FFL. Long guns can be bought in person if compliant with DE law (e.g., not an assault weapon).

No background check for ammunition.

Delaware law removes the duty to retreat within one's dwelling or place of work, but does not explicitly create a presumption of reasonable fear upon unlawful entry or extend this protection to vehicles.

Delaware imposes a duty to retreat before using deadly force, but this duty does not apply if the person is in their dwelling or place of work, provided they were not the initial aggressor.

Delaware does not have a stand your ground law; it imposes a duty to retreat before using deadly force in public places if safe to do so.