Carrying a firearm for self-defense comes with a lot of responsibility. Knowing the laws where you carry is just one important task you must undertake as an armed American. To help with that, we will be providing you with a summary of basic carry laws for several states. Learn about the most important things to know when carrying in Delaware, the First State, below.
Can You Carry a Gun in Delaware?
Open carry is legal in Delaware for anyone older than 18 years who can legally possess a firearm. Concealed carry is legal for residents with a Delaware Concealed Deadly Weapon License (CDWL) and non-residents with a concealed carry permit from a state that Delaware honors. Delaware recognizes permits issued by other states that honor Delaware licenses to carry concealed deadly weapons and afford a reasonably similar degree of protection as is provided by licensure in Delaware.
Delaware Concealed Carry Permit
CDWLs are primarily issued to residents. An approved firearms training course that includes live-fire shooting exercises is required to obtain a CDWL. The minimum age is 18.
Delaware is unique, as license applicants must obtain five references from residents of their counties and then must publish their applications in a local newspaper 10 days before filing their applications. An application is reviewed by the attorney general’s office and a court.
Open Carry Gun Laws in Delaware
Any person who is at least 18 years old and legally entitled to carry a firearm can open carry in the state of Delaware.
Is Delaware a Constitutional/Permitless Carry State?
No, Delaware is a may-issue state. The Attorney General issues concealed carry permits with discretion. Delaware is one of two states that did not require changes to their laws after the Supreme Court decision in NYSPRA v. Bruen.
Castle Doctrine
Delaware is a Castle Doctrine state. There is no duty to retreat in or from your dwelling or place of work in situations where there is a reasonable belief that such force is necessary to protect yourself or another person against death, serious physical injury, kidnapping or sexual intercourse compelled by force or threat. The law applies so long as you did not provoke the situation. There is a duty to retreat in public if you can retreat with complete safety, surrender an object someone is trying to take or comply with a demand to not do something.
Gun Purchase and Handgun Registration Requirements
You do not need a license to own a handgun in Delaware. There is no permit required to purchase firearms, nor is firearms registration required in the state of Delaware. Private-party transfers of firearms to persons other than family members must be conducted through a licensed dealer, who is required by federal law to conduct background checks and keep records of the sales. However, a transfer to a person who possesses a valid Delaware Concealed Deadly Weapon License (CDWL) is exempt from this requirement. There is no state-imposed waiting period for purchases.
Does Delaware Have Ammunition and Magazine Restrictions?
There are no state laws restricting the use of any type of ammunition. However, the city of Wilmington prohibits armor-piercing ammunition. In addition, there are no magazine-capacity restrictions for handguns. There is no duty to inform a police officer that you’re carrying a concealed firearm in Delaware.
Less-Lethal Legal Self-Defense Weapons
Stun guns and Tasers are legal to purchase and possess without a permit in most of the state, although they are banned in several counties. These can be carried concealed with a CDWL or a permit from a state that Delaware honors. Pepper spray can be carried without a permit.
Where Can One Concealed Carry in Delaware?
Understanding where you can and cannot carry a firearm is crucial for staying compliant with Delaware’s gun laws. The state has specific locations where carrying a concealed handgun is allowed and places where it is strictly prohibited, even for permit holders. Familiarize yourself with these regulations to ensure you are always carrying legally and responsibly.
Locations where carry is prohibited, even for permit holders, include:
- Any building, structure, athletic field, sports stadium, motor vehicle or real property owned, operated, leased or rented by any public or private elementary, secondary or vocational-technical school, or any college or university, as well as within 1,000 feet thereof
- Any public or private recreation center, athletic field or sports stadium
- Prisons and other detention facilities
- Any place where the carrying of firearms is prohibited by federal law or state law or regulation
Can You Carry a Gun in Your Car in Delaware?
Yes, anyone with a Delaware Concealed Deadly Weapon License (CDWL) or a permit from a state that Delaware honors can concealed carry in a vehicle. Without a permit, a firearm must be transported in plain sight — such as on the dash or seat — but not in the glove box or any place it cannot be seen.
Anyone with a Delaware CDWL or a permit from a state that Delaware honors can concealed carry in a vehicle. Without a permit, a firearm must be transported in plain sight — such as on the dash or seat — but not in the glove box or any place it cannot be seen.
Can You Concealed Carry in a Bar in Delaware?
Yes, with a Delaware Concealed Deadly Weapon License or a permit from a state that Delaware honors unless posted and provided you are not under the influence. Under the influence is defined as a blood alcohol level of 0.08 or more or being manifestly under the influence of alcohol or any illicit or recreational drug, as defined in § 4177(c) of Title 21. This includes any other drug not administered or prescribed to be taken by a physician to the degree that the person may be in danger or endanger other persons or property or annoy persons in the vicinity.
As a responsibly armed American, regardless of the laws in your state, it is unwise to carry while under the influence of any substance that could impair your judgment, slow your reaction times, or impact your decision-making abilities. Any decision you make while carrying a firearm could have life-altering consequences.
Ready to Learn More About Delaware Gun Laws?
It is your responsibility as a gun owner to know and understand the laws regarding your concealed carry rights. The USCCA’s Concealed Carry Reciprocity & Gun Laws Map has been designed to help inform and educate armed citizens like you. To learn more about Delaware’s concealed carry permit application process, concealed carry restrictions and training requirements, visit the Delaware gun laws page now…
The information contained on this website is provided as a service to USCCA, Inc. members and the concealed carry community, and does not constitute legal advice. Although we attempt to address all areas of concealed carry laws in all states, we make no claims, representations, warranties, promises or guarantees as to the accuracy, completeness, or adequacy of the information disclosed. Legal advice must always be tailored to the individual facts and circumstances of each individual case. Laws are constantly changing, and as such, nothing contained on this website should be used as a substitute for the advice of a lawyer.
