Gun laws in Delaware
Gun laws in Delaware regulate the sale, possession, and use of firearms and ammunition in the state of Delaware in the United States.[1][2][3]
| Subject/Law | Long guns | Handguns | Relevant statutes | Notes |
|---|---|---|---|---|
| State Permit to Purchase? | No | No | ||
| Firearm registration? | No | No | ||
| Assault weapon law? | No | No | ||
| Magazine Capacity Restriction? | No | No | ||
| Owner license required? | No | No | ||
| Carry permits issued? | Yes | Yes | 11 Del.C. § 1441 | Delaware is a officially "may issue" state for concealed carry, but mostly shall-issue in practice. Permits are generally issued to all applicants not barred from owning a firearm. |
| Open Carry? | Yes | Yes | Open carry without permit is generally permitted. A 2014 State Supreme Court ruling recognized that Open Carry was a long standing fundamental right, barring local prohibitions in effect prior to July 4, 1985. | |
| State Preemption of local restrictions? | Yes* | Yes* | Complete preemption, except for town Ordinance No. 146 (enacted 6-26-1980), which bans the carry of firearms, openly or concealed in Elsmere's town parks. Also the city of Dover requires a permit from the police chief or a state concealed permit to open carry. [4] | |
| NFA weapons restricted? | Yes | Yes | SBRs and AOWs are legal. The city of Wilmington prohibits possession of SBRs within city limits. Machine guns, suppressors, Destructive Devices and SBS are prohibited for the average citizen.[5] | |
| Peaceable Journey laws? | No | No | Federal rules observed. | |
| Background checks required for private sales? | Yes | Yes | 147th General Assembly: Chapter 20 | Private party transfers of firearms must be conducted though a licensed dealer, who is required by federal law to conduct a background check and keep a record of the sale. |
Location of Delaware in the United States
References
- ↑ "State Gun Laws: Delaware", National Rifle Association – Institute for Legislative Action. Retrieved January 5, 2013.
- ↑ "Delaware State Law Summary", Law Center to Prevent Gun Violence. Retrieved January 5, 2013.
- ↑ "Concealed Weapons Reciprocity", Delaware Attorney General's Office. Retrieved January 5, 2013.
- ↑ Elsmere Town Code, §155-1 - J (Ordnance Number 146, enacted on 6-26-1980)
- ↑ "Delaware", Bureau of Alcohol, Tobacco, Firearms and Explosives. Retrieved October 4, 2015.
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