Gun Laws in Delaware
Gun laws in Delaware are relatively permissive, but all gun owners must comply with both federal law and Delaware state-specific regulations. All private transfers must go through a licensed FFL dealer. There is no waiting period. This complete guide covers every Delaware gun law you need to know in 2026.
Delaware Gun Laws — Quick Overview
Delaware Gun Laws — Quick Reference
Adults 21+ for handguns; 18+ for long guns. Shall-issue concealed carry permit required.
Private Sales: Must go through licensed FFL dealer
Background Check: Required for ALL transfers
Waiting Period: None
Permit to Purchase: Not required
Registration: Not required
Magazine Limit: 17 rounds max
Assault Weapons Ban: No state ban
Min Age (Private): 21+
Min Age (Dealer): 21+ handguns / 18+ long guns
Carry Laws: Shall-issue concealed carry permit required
Table of Contents
Delaware Gun Laws — Complete Reference Table
The table below covers every major category of gun law in Delaware — from private sales and background checks to carry rights, prohibited persons, and penalties. Each row includes Delaware's specific rule, key details, and direct links to the governing law.
| LAW CATEGORY | DELAWARE STATUS | KEY DETAILS | LAW RESOURCES |
|---|---|---|---|
| PRIVATE SALES & TRANSFERS | |||
| Private Gun SalesPerson-to-person transfers | ⚠️ FFL Required | All private firearm transfers in Delaware must go through a licensed FFL dealer for a background check. Direct person-to-person private transfers without a dealer are not permitted under Delaware law. GunTransfer performs a full background check and generates a bill of sale for every transfer. | 11 Del. C. § 1441 et seq. ATF — Private Transfer Rules |
| FFL Dealer RequiredLicensed dealer involvement | 🔵 Required | All private transfers in Delaware must go through a licensed FFL dealer. The dealer conducts the background check and maintains required records. | ATF — FFL Dealers ATF — Interstate Rules |
| Bill of SaleTransfer documentation | 🔵 Recommended | FFL dealer records are required. A GunTransfer bill of sale adds private documentation protecting both parties beyond the dealer's required records. | GunTransfer Bill of Sale → |
| Interstate TransfersOut-of-state sales | 🔵 FFL Required | Federal law prohibits direct private handgun transfers between residents of different states. Any out-of-state firearm purchase must ship to a licensed FFL dealer in the buyer's state. | 18 U.S.C. § 922 ATF Interstate Guidance |
| BACKGROUND CHECKS | |||
| Background Check — DealerLicensed dealer purchases | 🔵 Required | Background checks are required for ALL purchases from licensed FFL dealers under federal law. The dealer submits a NICS check through the FBI before releasing any firearm. | FBI NICS System ATF — Brady Law |
| Background Check — Private SalesPerson-to-person | 🔵 Required | Delaware requires background checks for ALL private firearm transfers — all transfers must go through a licensed FFL dealer who conducts the check. GunTransfer also performs its own full background check on every buyer. | ATF — Prohibited Persons 18 U.S.C. § 922(d) |
| WAITING PERIODS | |||
| Waiting PeriodDealer & private sales | ✅ None | Delaware has no mandatory waiting period for any firearm purchase or private transfer. Eligible buyers may take immediate possession after a legal transfer is completed. | Delaware Firearms Laws Giffords — Waiting Periods |
| PERMITS & LICENSES | |||
| Permit to PurchaseBefore buying a firearm | ✅ Not Required | Delaware does not require any permit, license, or state ID card to purchase a firearm. Federal eligibility requirements apply. | Delaware Firearms Laws |
| Concealed CarryCarrying a hidden firearm | 🔵 Shall-Issue | Shall-issue concealed carry permit required. | Delaware Carry Laws Delaware Carry Reciprocity |
| REGISTRATION | |||
| Firearm RegistrationState registry | ✅ Not Required | Delaware has no state firearm registry. Gun owners are not required to register firearms with any state or local government. | Delaware Firearms Laws |
| AGE REQUIREMENTS | |||
| Handguns — DealerMinimum purchase age | ⚠️ 21+ | Federal law requires buyers to be at least 21 to purchase a handgun from a licensed FFL dealer. | 18 U.S.C. § 922(b)(1) |
| Long Guns — DealerRifles & shotguns | ⚠️ 18+ | Federal law allows licensed FFL dealers to sell rifles and shotguns to buyers 18+. | 18 U.S.C. § 922(b)(1) |
| Private Sales — All FirearmsMinimum private sale age | ⚠️ 21+ | Delaware law sets 21 as the minimum age for all private firearm transfers in Delaware — handguns and long guns alike. | 18 U.S.C. § 922(x) |
| 🔫 CARRY LAWS | |||
| Open CarryCarrying a visible firearm | ✅ Legal | Open carry is legal in Delaware for eligible adults. Restricted locations (schools, courthouses, federal buildings) still apply. | Delaware Carry Laws |
| ⛔ FIREARM RESTRICTIONS | |||
| Assault Weapons BanRestrictions on certain firearms | ✅ No Ban | Delaware has no state assault weapons ban. Semi-automatic rifles, pistols, and shotguns are legal to purchase, own, and transfer in Delaware. | Delaware Firearms Laws Giffords — Delaware AWB |
| Magazine Capacity LimitsRound restrictions | ⚠️ 17 Round Limit | Delaware limits magazine capacity to 17 rounds. Magazines exceeding this limit are prohibited. Note: bringing high-capacity magazines from other states into Delaware is illegal. | Giffords — Magazine Laws |
| Red Flag / ERPO LawsEmergency removal orders | ⚠️ Law Exists | Delaware has a Red Flag law (Extreme Risk Protection Order / ERPO). Law enforcement or family members may petition a court to temporarily remove firearms from an individual deemed a risk. | Giffords — Red Flag Laws |
| 🚫 PROHIBITED PERSONS | |||
| Federal Prohibited PersonsWho cannot own firearms | 🚫 See List | Under 18 U.S.C. § 922(g), prohibited from possessing firearms in Delaware and all states:
| ATF — Prohibited Persons 18 U.S.C. § 922(g) |
| SELLER & BUYER OBLIGATIONS | |||
| Seller ResponsibilityLegal obligations when selling | 🔵 Federal Law | Even in gun-friendly states like Delaware, sellers carry federal legal obligations. You cannot:
| 18 U.S.C. § 922(d) ATF — Seller Obligations |
| Gift TransfersTransferring without payment | ✅ Legal | Firearms may be gifted in Delaware when the recipient is legally eligible and at least 21 years old. The same prohibited person restrictions apply. Gifting to a prohibited person is a federal felony. Document with GunTransfer. | 18 U.S.C. § 922 |
| Gun InheritanceInheriting firearms from estate | ✅ Legal | Delaware allows the inheritance of legally-owned firearms. Key rules:
| ATF — Firearm Inheritance ATF — NFA Inheritance |
| KEY DELAWARE STATUTES | |||
| Primary Firearms StatuteMain state law | State Law | 11 Del. C. § 1441 et seq. — Delaware's primary firearms laws covering possession, transfer, carry, and prohibited persons. | Delaware Firearms Code (Full Text) Giffords — Delaware Gun Laws NRA-ILA — Delaware |
| Federal Baseline LawApplies in all 50 states | Federal | 18 U.S.C. § 922 — The primary federal firearms statute governing who can own guns, dealer background checks, interstate transfer rules, and federal firearms crimes. Applies in Delaware and every state. | 18 U.S.C. § 922 (Full Text) ATF State Laws Guide |
Quick Facts
How Gun Laws Are Categorized
To understand firearm regulations across the United States — and in Delaware specifically — gun laws fall into three broad categories: gun-friendly states, moderate states, and strict states. Delaware falls into the moderate category: 🟡 Moderate.
- No background checks for private sales
- No waiting periods
- No permit required to purchase
- No firearm registration
- Permitless (constitutional) carry
- No magazine capacity limits
- Minimal transfer restrictions
- Some background check requirements
- Private sale rules vary
- Concealed carry permits required
- Limited waiting periods
- Some firearm restrictions
- State-level transfer rules
- Universal background checks required
- Mandatory waiting periods
- Firearm registration required
- Permit required to purchase
- Magazine capacity limits
- Assault weapon restrictions
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Quick Answers about Delaware Gun Laws
A gun transfer occurs whenever legal ownership of a firearm changes from one individual to another in Delaware. In Delaware, all transfers must go through a licensed FFL dealer.
- Permitted in Delaware, but ALL private transfers must go through a licensed FFL dealer for a background check.
- Yes — required for all transfers in Delaware. All private sales must go through a licensed FFL dealer.
- No — not directly. Federal law requires handgun sales to buyers in other states to go through a licensed FFL dealer in the buyer's state. Online purchases must ship to a local FFL.
- Yes — required and strongly recommended. The FFL dealer retains required records. A GunTransfer bill of sale adds additional protection.
Understanding when a firearm transfer is required and how to complete one legally in Delaware is essential for responsible gun ownership. GunTransfer makes every private transfer documented and legally protected.
Responsible Firearm Transfers
Responsible firearm transfers in Delaware help ensure that firearms remain in the hands of law-abiding citizens. Even in gun-friendly Delaware, responsible sellers always verify buyer eligibility and document the transfer.
- Confirming the buyer is legally eligible to possess firearms under Delaware and federal law
- Verifying the buyer is at least 21 years old and a legal U.S. resident
- Using GunTransfer to run a full background check on the buyer
- Generating a complete GunTransfer bill of sale documenting both parties and the firearm
- Meeting in a safe, public location to complete the transfer
- Keeping a permanent copy of the GunTransfer bill of sale
Responsible firearm transfers help protect Delaware gun owners from future liability, prevent firearms from reaching prohibited individuals, and demonstrate the law-abiding character of Delaware’s gun owner community.
Delaware Gun Law Resources
Complete Delaware firearms guides and 50-state resources from GunTransfer.com
50 State Guides
Gun Laws by State → How to Buy a Gun by State → How to Sell a Gun by State → Private Gun Sale Laws by State → Gun Transfer Laws by State → Background Check Laws → Waiting Period Laws →Delaware Law Guides
How to Buy a Gun in Delaware → How to Sell a Gun in Delaware → Private Gun Sale Laws in Delaware → Gun Transfer Laws in Delaware → Background Check Laws in Delaware → Waiting Period Laws in Delaware →Support
Frequently Asked
Questions
What are the gun laws in Delaware?
Delaware regulates private firearm sales. All private transfers must go through a licensed FFL dealer for a background check in Delaware. There is no waiting period. No firearm registration is required. See 11 Del. C. § 1441 et seq..
Do I need a background check to buy a gun in Delaware?
Yes. Delaware requires a background check for all firearm transfers, including private sales. All transfers must go through a licensed FFL dealer.
Is there a waiting period for gun purchases in Delaware?
No. Delaware does not require a waiting period for firearm purchases. Eligible buyers may take possession immediately after a legal transfer is completed.
What is a gun transfer and when is it required?
A gun transfer occurs whenever legal ownership of a firearm moves from one person to another. In Delaware, all transfers — including private sales — must be processed through a licensed FFL dealer. Interstate transfers always require a licensed FFL in the buyer’s state under federal law.
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Delaware Gun Law Resources: 11 Del. C. § 1441 et seq. | ATF — Prohibited Persons | 18 U.S.C. § 922 | FBI NICS | Giffords — Delaware Gun Laws
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- Done from your phone in ~10 minutesNo gun-shop visit required in Delaware.
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About this guide
- Published by
- Gun Transfer, which has handled private firearm transfers since 2016. Written and maintained in-house.
- Sources
- Federal law (18 U.S.C. § 921–931), the ATF’s published rules and guidance, and the statutes of the state this page covers. Primary sources are linked throughout the text above so you can check any of it yourself.
- Last reviewed
- . Firearm law changes often, and a page that was right in April can be wrong by August.
- Found something wrong?
- Tell us and we will check it: info@guntransfer.com or 855-750-5500.
This is general information, not legal advice. We are not a law firm and no attorney has reviewed this page. Firearm law varies by state and by situation, and the consequences of getting it wrong fall on you — so verify anything you are relying on against your state’s current statute, or ask a lawyer licensed there.
