26k
983k
2.6%
21
18
3 or 5
30
5
122
Delaware is a may-issue state with concealed weapons licenses issued at the county level by the prothonotary office. The Attorney General has the discretion to issue temporary concealed weapons licenses to any non-resident whom the Attorney General determines has a short-term need to carry such a weapon in conjunction with that individual’s employment for the protection of person or property.
There is no license required to purchase firearms nor is firearms registration required in the state of Delaware. On May 16, 2024, the governor signed into a law the requirement to have a permit to purchase a firearm. The law doesn't go into effect for 18 months (roughly around November 2025). 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 a background check and keep a record of the sale. A transfer to a person who possesses a valid Delaware Concealed Deadly Weapon License (CDWL) is exempt from this requirement.
Open carry is legal in Delaware for anyone that is over 21 who can legally possess a firearm. Some areas are off-limits, including schools and detention facilities.
Concealed carry is legal in Delaware for residents with a CDWL and non-residents with a CCW permit from a state that Delaware honors. CDWLs are primarily issued to residents, with the Attorney General able to issue temporary concealed weapons licenses to non-resident. A firearms training course that includes live-fire shooting exercises is required to obtain a permit. Applicants must obtain five references from residents of their county and then they must publish their application in a local newspaper 10 days before filing their application. The application is reviewed by the attorney general’s office and a court. The attorney general has the discretion to issue, on a limited basis, a temporary license to a non-resident whom the attorney general determines has a short-term necessity to carry such a weapon within Delaware, in conjunction with that individual’s employment, for the protection of person or property. In terms of reciprocity, 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.
The use of force is justifiable when the defendant believes it is immediately necessary for the purpose of protecting the defendant against the use of unlawful force, death, serious physical injury, kidnapping or sexual intercourse compelled by force or threat.
Use of Force for the Protection of Other Persons
The use of force upon or toward the person of another is justifiable to protect a third person when:
There is no duty to retreat unless the defendant knows it can be done in complete safety in the third person’s dwelling or place of work.
Self-Defense
Delaware is a Castle Doctrine state. There is no duty to retreat in or from your dwelling or place of work.There is a duty to retreat when outside your home or workplace.
Civil Liability
Where a person has used force for the protection of property and has not been convicted for any crime or offense connected with that use of force, such person shall not be liable for damages or be otherwise civilly liable to the one against whom such force was used.
Use of Force for the Protection of Property
The use of force is justifiable to protect property provided the defendant first requests the person to desist from interference with the property and when the defendant believes that such force is immediately necessary:
The use of deadly force for the protection of property is justifiable only if the defendant believes that:
Carry Basics | |
---|---|
MAGAZINE LIMITS FOR HANDGUNS? Does Delaware have magazine capacity restrictions for handguns? | Yes. It is unlawful to manufacture, sell, transfer, purchase, receipt, or possess magazines that hold more than 17 rounds. Members of the military, law enforcement officers, and any individual who holds a concealed carry permit issued by the Superior Court under § 1441 of this title are exempt. |
Gun Permit Licensure? If Delaware requires a license to carry a concealed firearm, how are those licenses issued? | May issue. |
Tasers or Stun Guns? Is it legal to own a taser or stun gun in Delaware? | Yes. Stun guns and Tasers are legal to purchase and possess without a license in most of the state. Concealed carry is legal with a CDWL or a permit from a state that Delaware honors. However, they are illegal in New Castle County [Sec. 22.03.009], Wilmington [Ordinance 36-161] & Newark [Ordinance 31-5]. |
Open Carry Permitted? Is open carry permitted in Delaware? | Yes, without a license. Any person who is at least 21 years old and legally entitled to possess a firearm can open carry. |
Constitutional Carry? Does Delaware allow constitutional carry? | No. |
Chemical Spray/Pepper Spray? Is it legal to buy or use chemical spray/pepper spray in Delaware? | Yes, pepper spray is legal in Delaware, although it is illegal to use it while engaged in commission of any crime or to assault a law-enforcement officer while in the performance of the officer's duties. |
Weapons Other Than Handguns Allowed? Can you concealed carry weapons other than handguns in Delaware with a concealed carry license (or under permitless carry if applicable)? | Yes. Folding knives with blades of not more than 3 inches |
AMMUNITION RESTRICTIONS? Does Delaware have ammunition restrictions? | There are no state laws, however, the City of Wilmington prohibits armor-piercing ammunition. |
Minimum Age for Concealed Carry? What is the minimum age in Delaware to get a concealed carry license? | 18. |
Carry Locations | |
---|---|
CARRY IN BARS/RESTAURANTS THAT SERVE ALCOHOL? Can you carry a concealed firearm in bars and restaurants that serve alcohol in Delaware? | Yes, there is no statute making it illegal to concealed carry 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. |
CARRY/POSSESS AT A HOTEL? Can you carry or possess a firearm on hotel property in Delaware? | Delaware statutes don't specifically address firearms at hotels. Please note that each hotel develops their own policies and the individual hotel should be contacted to inquire about it's concealed carry policy. See the Handguns at Hotels page for additional information. |
CARRY AT ROADSIDE REST AREAS? Can you carry a concealed firearm at roadside rest areas in Delaware? | Yes, with a Delaware Concealed Deadly Weapon License or a permit from a state that Delaware honors. |
CARRY IN STATE/NATIONAL PARKS, STATE/NATIONAL FORESTS AND WILDLIFE MANAGEMENT AREAS (WMAS)? Can you carry a concealed firearm in state/national parks, state/national forests and Wildlife Management Areas in Delaware? | Yes, with a Delaware Concealed Deadly Weapon License or a permit from a state that Delaware honors, except for areas that are posted. [DE Admin. Rule 201-21.1.4] and [Admin Rule 402-8.8.3][Title 7 – Wildlife 3900-8.3.4.9] |
CARRY IN VEHICLE? Can you carry a concealed handgun in a vehicle in Delaware? | Yes, with a Delaware Concealed Deadly Weapon License or a permit from a state that Delaware honors. 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. |
STORE IN A VEHICLE IN AN EMPLOYEE PARKING LOT? Does Delaware have laws relating to storing firearms in private vehicles in an employee parking lot? | Not addressed in Delaware state law, although employers may have a policy. |
Key State Laws | |
---|---|
"No Weapons Allowed" Signs Enforced? Are "No Weapons Allowed" signs enforced in Delaware? If yes, violating the sign would be considered to be a crime. If no, violating the sign would not be considered a criminal offense. | No. Not mentioned in state statutes. |
Duty to Inform Officer You're Carrying? Do you have a duty to notify a police officer that you're carrying a concealed firearm in Delaware? | No. There is no duty to inform a police officer that you're carrying a concealed firearm in Delaware. |
PUBLIC ACCESS TO CONCEALED CARRY REGISTRY? Does Delaware allow the public to access concealed carry registry information through public records law? | No, however the information is available for law enforcement. |
Preemption? Does Delaware have preemption laws related to concealed carry (i.e. Does state law supersede local laws regarding the possession of handguns)? | Yes. There is full state preemption of gun laws, except counties may regulate the discharge of firearms and may adopt ordinances regulating open carry in police stations and county buildings. Restricted areas must be posted. However, individuals with concealed carry licenses can conceal carry in those areas. [Del. Code Ann. tit. 9 § 330(d)][Del. Code Ann. tit. 22 § 111] |
Red Flag Law? Does Delaware have a red flag law? | Yes. Delaware has a red flag law. A family member of a person or a law enforcement officer may file a petition prohibiting and enjoining a person from controlling, owning, purchasing, possessing, having access to or receiving a firearm. |
NON-RESIDENT PERMITTING? Does Delaware issue concealed carry licenses to non-residents? | Yes, the attorney general can issue temporary licenses on a limited basis. |
Carry While Using Alcohol or Drugs? Does Delaware have laws regarding carrying a concealed firearm while using alcohol or drugs? | Not while under the influence of alcohol (BAC of 0.08 or greater) or drugs when in a public place. In addition, a person cannot be manifestly under the influence of alcohol or any illicit or recreational drug, as defined in Title 21 § 4177(c), or 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. [Del. Code Ann. tit. 11 § 1460] 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 judgement, slow your reaction times, or impact your decision-making abilities. Any decision you make while carrying a firearm could have life-altering consequences. |
Brandishing? Does Delaware state law define brandishing? | No definition of brandishing was found in Delaware law. However, a person is guilty of disorderly conduct when engaging in violent, tumultuous or threatening behavior. |
DRIVER'S LICENSE LINKED TO Weapons License? Is my Delaware driver’s license linked to my Delaware concealed deadly weapon license? | No. Your Delaware driver’s license is not linked to your Delaware concealed deadly weapon license. Therefore, a law enforcement officer (LEO) will not be notified that you are a concealed carry license holder immediately when they run your driver’s license. However, Delaware LEOs have access to a comprehensive database which they can choose to query to obtain this information. |
"Assault Weapons" Ban? Does Delaware have laws regarding semi-automatic rifles? | Yes. Delaware prohibits the manufacture, sale, transfer, receipt, and possession of an "assault weapon". A list of firearms and more information regarding the law can be found here. |
Handgun Purchase & Possession | |
---|---|
WAITING PERIOD? Is there a waiting period after purchasing a handgun in Delaware? | No. |
BACKGROUND CHECKS FOR PRIVATE GUN SALES? EXCEPTIONS? Are background checks required for private gun sales in Delaware? Are there exceptions? | Yes. Excluding the exemptions noted below, no unlicensed person shall sell or transfer any firearm to another unlicensed person without having conducted a criminal history background check through a licensed firearms dealer. Transfer is defined as assigning, pledging, leasing, loaning, giving away or otherwise disposing of a firearm, but does not include, among other things:
Exemptions include the following:
|
PURCHASE PERMITS? Is a permit required to purchase a handgun in Delaware? | No. On May 16, 2024, the governor signed into a law the requirement to have a permit to purchase a firearm. The law doesn't go into effect for 18 months (roughly around November 2025). |
HANDGUN REGISTRATION? Do handguns need to be registered in Delaware? | No. |
POSSESS A HANDGUN ON MY PRIVATE PROPERTY WITHOUT A LICENSE? Can I possess/carry a handgun in my home without a license? | Yes. Permitless carry is allowed in Delaware for anyone legally entitled to carry a firearm. |
DELAWARE LICENSE EXEMPTS FROM BACKGROUND CHECK? Does my current Delaware concealed carry license exempt me from needing a background check when I purchase a firearm? | No. |
MINIMUM AGE TO POSSESS AND TRANSPORT? What is the minimum age to possess and transport a handgun in Delaware? | 21 years old. A person under the age of 21 is prohibited from purchasing, owning, possessing, or controlling a firearm or ammunition of a firearm except under limited circumstances. Those circumstances are if the person is 18 years of age or older and an active member of the Armed Forces, a qualified law-enforcement officer, or has a license to carry a concealed deadly weapon. This does not apply to shotguns and shotgun ammunition, muzzle-loading rifles, and deadly weapons other than firearms, thus allowing those persons who are 18 to 21 years of age to purchase, own, control or possess such deadly weapons. Persons under the age of 21 may possess or control a firearm for the purpose of engaging in lawful hunting, instruction, sporting, or recreational activity while under the direct supervision of a person 21 year of age or older A person is guilty of unlawfully dealing with a dangerous weapon when, for example:
|
Delaware Gun Laws: What You Need to KnowUSCCA - JULY 17, 2024
A person has the right to keep and bear arms for the defense of self, family, home and state, and for hunting and recreational use." ARTICLE 1, § 20
Which states' permits does Delaware honor?
Idaho (Enhanced permits only)
South Dakota (Enhanced permits only)
Delaware recognizes licenses or permits to carry concealed deadly weapons issued by other states that honor Delaware licenses to carry concealed deadly weapons, afford a reasonably similar degree of protection as is provided by licensure in Delaware, and do not evidence a pattern of issuing licenses or permits to convicted felons. Some states issue multiple levels of permits or licenses; only those meeting the above requirements will be recognized in Delaware. Delaware residents must have a Delaware Concealed Deadly Weapon License to carry in the state.
Which states honor permits from Delaware?
Alabama (permitless carry, at least 19 years old)
Arkansas (permitless carry, at least 18 years old)
Idaho (permitless carry, at least 18 years old)
Indiana (permitless carry, at least 18 years old)
Montana (permitless carry, at least 18 years old)
New Hampshire (permitless carry, at least 18 years old)
North Dakota (permitless carry, at least 18 years old)
South Dakota (permitless carry, at least 18 years old)
Vermont (permitless carry, at least 18 years old)
Note: Firearms must be carried in accordance with the laws of the state you are visiting. Be sure to check the laws of the other state before traveling there with your firearms.
Delaware offers resident and non-resident licenses. If indicated with “Resident only” below, that state only honors Delaware resident permits (and not those issued to non-residents).
Alaska (permitless carry, at least 21 years old)
Arizona (permitless carry, at least 21 years old)
Colorado (at least 21 years old and resident permits only)
Florida (permitless carry, at least 21 years old)
Georgia (Permitless carry, at least 21 years old)
Iowa (permitless carry, at least 21 years old)
Kansas (permitless carry, at least 21 years old)
Kentucky (permitless carry, at least 21 years old)
Louisiana (permitless carry, at least 21 years old)
Maine (permitless carry, at least 21 years old)
Michigan (at least 21 years old and resident permits only)
Mississippi (permitless carry, at least 21 years old)
Missouri (permitless carry, at least 19 years old, 18 for military)
Nebraska (Permitless carry, at least 21 years old)
New Mexico (at least 21 years old)
Ohio (permitless carry, at least 21 years old)
Oklahoma (permitless carry, at least 21 years old)
South Carolina (permitless carry, at least 18 years old)
Tennessee (permitless carry, at least 18 years old)
Texas (permitless carry, at least 21 years old)
Utah (permitless carry, at least 21 years old)
Virginia (at least 21 years old)
West Virginia (permitless carry, at least 21 years old)
Wisconsin (at least 21 years old)
Wyoming (permitless carry, at least 21 years old)
Alabama (permitless carry, at least 19 years old)
Alaska (permitless carry, at least 21 years old)
Arizona (permitless carry, at least 21 years old)
Arkansas (permitless carry, at least 18 years old)
Florida (permitless carry, at least 21 years old)
Georgia (Permitless carry, at least 21 years old)
Idaho (permitless carry, at least 18 years old)
Indiana (permitless carry, at least 18 years old)
Iowa (permitless carry, at least 21 years old)
Kansas (permitless carry, at least 21 years old)
Kentucky (permitless carry, at least 21 years old)
Louisiana (permitless carry, at least 21 years old)
Maine (permitless carry, at least 21 years old)
Mississippi (permitless carry, at least 21 years old)
Missouri (permitless carry, at least 19 years old, 18 for military)
Montana (permitless carry, at least 18 years old)
Nebraska (Permitless carry, at least 21 years old)
New Hampshire (permitless carry, at least 18 years old)
North Dakota (permitless carry, at least 18 years old)
Ohio (permitless carry, at least 21 years old)
Oklahoma (permitless carry, at least 21 years old)
South Carolina (permitless carry, at least 18 years old)
South Dakota (permitless carry, at least 18 years old)
Tennessee (permitless carry, at least 18 years old)
Texas (permitless carry, at least 21 years old)
Utah (permitless carry, at least 21 years old)
Vermont (permitless carry, at least 18 years old)
West Virginia (permitless carry, at least 21 years old)
Wyoming (permitless carry, at least 21 years old)
*PC-18 = permitless carry if at least 18 years old
*PC-21 = permitless carry if at least 21 years old
Permitless carry includes constitutional carry states as well as states where an individual must meet certain qualifications, e.g., no DUIs in the last 10 years, in order to legally carry (Tennessee). Each state determines the requirements and any limitations on the carry of firearms. Check each state’s page for more information and any restrictions that may apply.
Processing Time: | No processing time is specified. |
Fees: | $65 for all applications |
Name/Address Changes: | Write an informal letter to the court providing information regarding any change of name or address and attach a copy of your Driver’s License with the new name or address,two passport-style photos and the fee. Send it to: Superior Court of Delaware - NCC500 N. King Street, Suite 500Wilmington, DE 19801 A new license, reflecting the new name/address, will be sent to you in the mail. |
Residency Changes: | Moving to Delaware and interested in applying for a resident license? How soon can you apply?Delaware issues licenses to residents only, although the Attorney General may issue temporary licenses to non-residents. You can apply for your license to the prothonotary office once you obtain a Delaware driver’s license. Moving from Delaware and have a Delaware resident license? Does that license transfer to your new state? Is there a grace period during which your Delaware license remains valid?If a person with a Delaware concealed deadly weapon license establishes residency in another state, the license expires upon the establishment of residence in the other state. |
Valid For: | 3 years for initial license and 5 years for renewals |
Requirements: | An applicant must:
*Consult with an attorney if you have any questions about your eligibility. If you don’t have an attorney, you can find one by contacting the State Bar of Delaware. |
Lost/Stolen Licenses: | Contact your local prothonotary office. |
Application: | |
Non-Resident Concealed Carry Licenses: | The attorney general has the discretion to issue, on a limited basis, a temporary license to carry concealed a deadly weapon to any individual who is not a resident of the state and whom the attorney general determines has a short-term need to carry such a weapon within the state, in conjunction with that individual's employment, for the protection of person or property. No individual shall be issued more than 3 temporary licenses. |
How to Apply for a Delaware Concealed Carry
A firearms training course shall include the following elements:
Be sure to verify that any firearm training you receive in order to obtain your license is approved by the state of Delaware.
No additional training is required for license renewals.
Find a USCCA Certified Instructor or Firearms Training Class Near You
How to Renew a Delaware Concealed Carry License
Law enforcement officers (LEOs) and Retired LEOs (RLEOs) may choose to carry under the Law Enforcement Officers Safety Act (LEOSA), often referred to as HR 218. Under 18 U.S. Code §§ 926B & 926C, qualified LEOs and qualified retired LEOs, or those separated from service in good standing, can carry a concealed firearm in any jurisdiction in the United States, regardless of state or local laws, with some exceptions. For details, check out our Federal Law Enforcement Officers Safety Act (LEOSA) page.
The Delaware Criminal Code §§ 1441A and 1441B describe the State implementation of LEOSA for LEOs and RLEOs. A qualified LEO or RLEO who is carrying the required identification may concealed carry provided the person has qualified in the use of a firearm during the most recent 12-month period. Firearm qualification is determined by the former agency of the individual, the state in which the individual resides or, if the state has not established such standards, either a law-enforcement agency within the state in which the individual resides or the standards used by a certified firearms instructor that is qualified to conduct a firearms qualification test for active duty officers within that state.
DSP Initial Application and Affidavit
WHERE CAN I CARRY A CONCEALED FIREARM IN DELAWARE? |
|
WHERE CAN'T I CARRY A CONCEALED FIREARM IN DELAWARE? Places off-limits even with a permit/license |
|
CARRY WHILE BOW HUNTING? Can you concealed carry while bow hunting in Delaware? | No. |
WHAT ARE THE KNIFE LAWS IN DELAWARE? | Open carry of any legal knife is allowed without a license. Concealed carry of folding knives with blades no longer than 3 inches is legal with a license. Delaware prohibits knives in schools. There are a number of types of knives that are illegal in Delaware, including switchblades, gravity knives, knives with brass knuckles and knives that are undetectable by metal detectors. |
WEAR A COVID MASK & CARRY? I can legally carry a concealed firearm in Delaware, but can I wear a COVID 19 protective mask while carrying concealed? | There is no known statute in Delaware making it illegal to wear a COVID mask while carrying concealed. A state statute was identified, making it illegal to wear masks, hoods or other garments rendering the wearers face unrecognizable, for the purpose of and in a manner likely to imminently subject any person to the deprivation of any rights. |
CARRY WHILE GUN HUNTING? Can you concealed carry while shotgun/rifle hunting in Delaware? | No. Although it is now legal to hunt deer with a handgun during any shotgun deer season, the handgun must be used in place of a shotgun. You cannot carry both in the field at the same time. |
HUNTER HARASSMENT LAW? Is there a Hunter Harassment Law in Delaware? | Yes. No person shall willfully obstruct or impede the participation of any individual in the lawful taking of fish, crabs, oysters, clams or frogs; the lawful hunting of game birds or animals; or the lawful trapping of any game animals. |
Date | Details |
---|---|
2021-05-17 | Added info on driver's license link to permit in At A Glance table |
Here at the USCCA, it is our mission to provide responsible gun owners with the tools they need to be educated and trained. Our team is constantly working to provide you with the most up-to-date and comprehensive list of self-defense laws available for every state.
If you have any questions that you don’t see answered here — let us know! Just email support@uscca.com and we will be sure to get your question resolved. Your feedback matters to us, and we appreciate you helping to make this page the best possible resource for responsible gun owners!
Permit numbers were obtained from the Crime Prevention Resource Center’s publication entitled, “Concealed Carry Permit Holders Across the United States.” Numbers include resident and non-resident permits for those states that issue both.
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.
If you have any questions regarding USCCA Membership, Delta Defense, handguns laws or the lawful process of carrying concealed, please contact the award-winning Delta Defense Customer Engagement Team.