Delaware Gun Laws: Concealed Carry, Open Carry and Buying a Gun
Delaware gun laws: permitless and concealed carry, open carry, the age to buy a gun, background checks, waiting periods, red flag law and where guns are banned, from state statutes.
Quick answers for Delaware
- Permitless (constitutional) carry
- No. Carrying a concealed deadly weapon (including a handgun) without a license issued under § 1441 is a crime under § 1442. Delaware has no permitless concealed carry. 11 Del. C. § 1442(a)
- Open carry
- Delaware has no state law that requires a license to carry a firearm openly; the license requirement in § 1442 applies to carrying a deadly weapon concealed. 11 Del. C. ch. 5, subch. VII, §§ 1441-1469A (reviewed); 11 Del. C. §§ 1442, 1448(a)(5)
- Age to buy a gun
- Under 21 for all firearms, with exceptions. It is a crime to sell, give or otherwise transfer a firearm or ammunition to a person under 21 unless permitted by § 1448. 11 Del. C. §§ 1445(a)(4), 1448(a)(5), 1448D(f)(1); 24 Del. C. § 903
- Concealed carry permit
- License to Carry a Concealed Deadly Weapon (CCDW), granted by the Superior Court on application filed with the Prothonotary. The statute says the Court 'may or may not, in its discretion, approve any application' (discretionary). 11 Del. C. § 1441(a), (c), (d)
Last verified: 2026-10-27
Carrying a gun
| Permitless (constitutional) carry | No. Carrying a concealed deadly weapon (including a handgun) without a license issued under § 1441 is a crime under § 1442. Delaware has no permitless concealed carry. Source: 11 Del. C. § 1442(a) |
|---|---|
| Concealed carry permit | License to Carry a Concealed Deadly Weapon (CCDW), granted by the Superior Court on application filed with the Prothonotary. The statute says the Court 'may or may not, in its discretion, approve any application' (discretionary). Applicant must be 'of full age and good moral character'. An initial applicant must file a notarized certificate of completing a firearms training course with listed elements, including firing 'a minimum of 100 rounds of ammunition.' Fee: $65 (initial and renewal). The initial license is valid for 3 years; renewals are for 5 years. Source: 11 Del. C. § 1441(a), (c), (d) |
| Open carry | Delaware has no state law that requires a license to carry a firearm openly; the license requirement in § 1442 applies to carrying a deadly weapon concealed. Persons under 21 may not possess a firearm other than a shotgun or muzzle-loading rifle, with exceptions (for example, supervised hunting or sport, or a CCDW holder 18 or older). Firearms are barred in listed places (see prohibited_places). Reviewed the weapons sections of 11 Del. C. ch. 5, subch. VII (§§ 1441-1469A) on 2026-10-27; no open-carry license provision found. |
| Guns in your car | Delaware has no state law that specifically permits carrying a handgun in a vehicle without a license. Carrying a concealed deadly weapon 'upon or about the person' without a license is a crime (a class D felony when the weapon is a firearm), but 'It shall be a defense that the defendant complied with § 1456(b) of this title.' Section 1456(b) makes it unsafe storage to knowingly leave a firearm unattended in a vehicle unless it is in a locked box or container, a locked firearms rack on a motor vehicle, or locked in the trunk; a glove compartment counts as a locked container only if it can be manually locked so the firearm is inaccessible to anyone other than the owner or an authorized person. Unsafe storage in a vehicle is a class B misdemeanor (class A misdemeanor if an unauthorized person gets the firearm and uses it in listed ways). Reviewed the weapons sections of 11 Del. C. ch. 5, subch. VII (§§ 1441-1469A) on 2026-10-27; §§ 1442(d) and 1456(b) are the only provisions addressing firearms in vehicles outside school, college and recreation safe-zone exceptions. |
| Other states' permits (reciprocity) | Delaware recognizes licenses from states the Attorney General finds qualify (states that also honor Delaware licenses and offer a reasonably similar degree of protection); the list is published every January 15. For January 15, 2025 to January 15, 2026 the Attorney General listed: Alaska, Arizona, Arkansas, Colorado, Florida, Idaho (enhanced permits only), Kansas, Kentucky, Maine, Michigan, Missouri, New Mexico, North Carolina, North Dakota (Class 1 permits only), Ohio, Oklahoma, South Dakota (enhanced permits only), Tennessee, Texas, Utah and West Virginia. The Attorney General may also issue a 30-day temporary license to a nonresident for short-term employment needs. The Attorney General's page still showed the 2025-2026 list when read on 2026-10-27; no 2026-2027 list was posted. Source: 11 Del. C. § 1441(j), (k) |
| Where guns are banned | Safe School Zones (class E felony); Safe Recreation Zones such as recreation centers, athletic fields and sports stadiums (when committing listed offenses, or juveniles); polling places (class A misdemeanor); and college or university safe zones (class A misdemeanor). |
Buying a gun
| Age to buy a gun | Under 21 for all firearms, with exceptions. It is a crime to sell, give or otherwise transfer a firearm or ammunition to a person under 21 unless permitted by § 1448. Persons under 21 are prohibited from possessing firearms except a shotgun or shotgun ammunition, a muzzle-loading rifle, and firearms used under the direct supervision of a person 21 or older for hunting, instruction, sporting or recreation; a person 18 or older who holds a CCDW license is also excepted. Licensed deadly weapons dealers may not sell to a person under 21. A handgun qualified purchaser permit may not be issued to a person under 21. |
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| Background checks and private sales | Yes. An unlicensed person may not sell or transfer any firearm to another unlicensed person except through a licensed dealer, who runs the background check (exemptions include transfers between close family members). Since November 16, 2025, a Delaware resident must also hold a handgun qualified purchaser permit (permit to purchase), issued by the State Bureau of Identification within the Delaware State Police, to buy or receive a handgun. The permit requires a firearms training course with a live-fire component (100 rounds) completed within the prior 5 years, is to be granted within 30 days unless grounds for denial exist, and is valid for 2 years. Current CCDW holders and active or retired law enforcement officers do not need the permit. DSP announcement gives the Nov. 16, 2025 effective date. Permit fee not stated on either page. |
| Waiting period | No fixed waiting period. A dealer (and, through § 1448B, a private transfer) may not complete the transfer until the State Bureau of Identification says it may proceed or 25 days have passed since the background check request without a denial. The 25-day rule applies only when the check is not completed; it is a maximum delay, not a set waiting period. |
| Ghost guns and homemade firearms | Possessing an untraceable firearm is a class E felony, and manufacturing one or making or distributing a firearm with a 3-D printer is a class D felony. Possessing an unfinished firearm frame or receiver without a serial number is a class D felony, and transporting, shipping, transferring or selling one is restricted. Possessing a covert or undetectable firearm is a class E felony (manufacturing it is a class D felony). Source: 11 Del. C. §§ 1459A, 1462, 1463 |
Red flag law and weapon limits
| Red flag law | Yes (lethal violence protective orders). A family member of the respondent (as defined in 10 Del. C. § 901 and § 1041(2)b.) or a law-enforcement officer may petition the Court. An emergency order may not exceed 45 days (a full hearing is held within 15 days) and requires a preponderance of the evidence; an order after a hearing requires clear and convincing evidence and lasts a fixed period 'not to exceed 5 years.' A petitioner may seek renewal within 3 months before expiration, for up to 1 year. |
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| Assault weapons and magazine limits | Assault weapons: manufacturing, selling, transporting into the state, transferring, purchasing, receiving or possessing an assault weapon listed in § 1465 is prohibited, except for persons who lawfully possessed or completed a purchase before June 30, 2022, who may keep and transport them only in listed circumstances; a voluntary certificate of possession was available by June 30, 2023. Large-capacity magazines (more than 17 rounds): manufacture, sale, purchase, receipt, transfer or possession is prohibited; first-offense possession only is a $100 civil penalty, second is a class B misdemeanor, other violations are class E felonies. |
Gun Laws FAQ
Is Delaware a constitutional carry state?
No. Carrying a concealed deadly weapon (including a handgun) without a license issued under § 1441 is a crime under § 1442. Delaware has no permitless concealed carry.
How do you get a concealed carry permit in Delaware?
License to Carry a Concealed Deadly Weapon (CCDW), granted by the Superior Court on application filed with the Prothonotary. The statute says the Court 'may or may not, in its discretion, approve any application' (discretionary). Applicant must be 'of full age and good moral character'. An initial applicant must file a notarized certificate of completing a firearms training course with listed elements, including firing 'a minimum of 100 rounds of ammunition.' Fee: $65 (initial and renewal). The initial license is valid for 3 years; renewals are for 5 years.
Is open carry legal in Delaware?
Delaware has no state law that requires a license to carry a firearm openly; the license requirement in § 1442 applies to carrying a deadly weapon concealed. Persons under 21 may not possess a firearm other than a shotgun or muzzle-loading rifle, with exceptions (for example, supervised hunting or sport, or a CCDW holder 18 or older). Firearms are barred in listed places (see prohibited_places).
How old do you have to be to buy a gun in Delaware?
Under 21 for all firearms, with exceptions. It is a crime to sell, give or otherwise transfer a firearm or ammunition to a person under 21 unless permitted by § 1448. Persons under 21 are prohibited from possessing firearms except a shotgun or shotgun ammunition, a muzzle-loading rifle, and firearms used under the direct supervision of a person 21 or older for hunting, instruction, sporting or recreation; a person 18 or older who holds a CCDW license is also excepted. Licensed deadly weapons dealers may not sell to a person under 21. A handgun qualified purchaser permit may not be issued to a person under 21.
Do private gun sales need a background check in Delaware?
Yes. An unlicensed person may not sell or transfer any firearm to another unlicensed person except through a licensed dealer, who runs the background check (exemptions include transfers between close family members). Since November 16, 2025, a Delaware resident must also hold a handgun qualified purchaser permit (permit to purchase), issued by the State Bureau of Identification within the Delaware State Police, to buy or receive a handgun. The permit requires a firearms training course with a live-fire component (100 rounds) completed within the prior 5 years, is to be granted within 30 days unless grounds for denial exist, and is valid for 2 years. Current CCDW holders and active or retired law enforcement officers do not need the permit.
Is there a waiting period to buy a gun in Delaware?
No fixed waiting period. A dealer (and, through § 1448B, a private transfer) may not complete the transfer until the State Bureau of Identification says it may proceed or 25 days have passed since the background check request without a denial.
Does Delaware have a red flag law?
Yes (lethal violence protective orders). A family member of the respondent (as defined in 10 Del. C. § 901 and § 1041(2)b.) or a law-enforcement officer may petition the Court. An emergency order may not exceed 45 days (a full hearing is held within 15 days) and requires a preponderance of the evidence; an order after a hearing requires clear and convincing evidence and lasts a fixed period 'not to exceed 5 years.' A petitioner may seek renewal within 3 months before expiration, for up to 1 year.
Does Delaware ban assault weapons or high-capacity magazines?
Assault weapons: manufacturing, selling, transporting into the state, transferring, purchasing, receiving or possessing an assault weapon listed in § 1465 is prohibited, except for persons who lawfully possessed or completed a purchase before June 30, 2022, who may keep and transport them only in listed circumstances; a voluntary certificate of possession was available by June 30, 2023. Large-capacity magazines (more than 17 rounds): manufacture, sale, purchase, receipt, transfer or possession is prohibited; first-offense possession only is a $100 civil penalty, second is a class B misdemeanor, other violations are class E felonies.
Can you keep a gun in your car in Delaware without a permit?
Delaware has no state law that specifically permits carrying a handgun in a vehicle without a license. Carrying a concealed deadly weapon 'upon or about the person' without a license is a crime (a class D felony when the weapon is a firearm), but 'It shall be a defense that the defendant complied with § 1456(b) of this title.' Section 1456(b) makes it unsafe storage to knowingly leave a firearm unattended in a vehicle unless it is in a locked box or container, a locked firearms rack on a motor vehicle, or locked in the trunk; a glove compartment counts as a locked container only if it can be manually locked so the firearm is inaccessible to anyone other than the owner or an authorized person. Unsafe storage in a vehicle is a class B misdemeanor (class A misdemeanor if an unauthorized person gets the firearm and uses it in listed ways).
Which states' carry permits does Delaware honor?
Delaware recognizes licenses from states the Attorney General finds qualify (states that also honor Delaware licenses and offer a reasonably similar degree of protection); the list is published every January 15. For January 15, 2025 to January 15, 2026 the Attorney General listed: Alaska, Arizona, Arkansas, Colorado, Florida, Idaho (enhanced permits only), Kansas, Kentucky, Maine, Michigan, Missouri, New Mexico, North Carolina, North Dakota (Class 1 permits only), Ohio, Oklahoma, South Dakota (enhanced permits only), Tennessee, Texas, Utah and West Virginia. The Attorney General may also issue a 30-day temporary license to a nonresident for short-term employment needs.
Where can't you carry a gun in Delaware?
Safe School Zones (class E felony); Safe Recreation Zones such as recreation centers, athletic fields and sports stadiums (when committing listed offenses, or juveniles); polling places (class A misdemeanor); and college or university safe zones (class A misdemeanor).
Are ghost guns legal in Delaware?
Possessing an untraceable firearm is a class E felony, and manufacturing one or making or distributing a firearm with a 3-D printer is a class D felony. Possessing an unfinished firearm frame or receiver without a serial number is a class D felony, and transporting, shipping, transferring or selling one is restricted. Possessing a covert or undetectable firearm is a class E felony (manufacturing it is a class D felony).
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.