Red Flag Law and Weapon Limits in Delaware
Whether Delaware has a red flag (extreme risk) law and any limits on assault weapons or magazine capacity.
Short answer: 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. 10 Del. C. §§ 7701(4), 7703, 7704(b), (j), 7705(b)
| 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. |
|---|---|
| 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. |
More Delaware gun laws
- Concealed Carry in Delaware
- Open Carry in Delaware
- Buying a Gun in Delaware
- All Delaware gun laws rules
FAQ
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.
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.