Delaware has a balanced approach to gun laws, combining measures to promote public safety with residents’ Second Amendment rights. This guide outlines Delaware’s key firearm laws, including requirements for purchasing firearms, carrying permits, magazine restrictions, self-defense laws, and prohibited areas for carrying firearms.
Delaware Gun Laws Overview
Purchasing Firearms in Delaware
In Delaware, the purchase of firearms is regulated to ensure safety while respecting the rights of lawful gun owners. While purchasing long guns and handguns follows federal requirements, Delaware has additional regulations to enhance safety.
Key Requirements:
- Background Checks: Required for all firearm purchases from licensed dealers and private sales. Transfers must go through a licensed dealer to conduct background checks.
- Permit Requirement: No permit is needed to purchase long guns or handguns, but a permit is required for concealed carry.
- Waiting Period: Delaware does not have a mandated waiting period for firearm purchases.
- Minimum Age: Buyers must be 18 to purchase long guns and 21 to purchase handguns, subject to federal laws.
Permit to Purchase Requirements
While Delaware does not require a permit to purchase most firearms, individuals wishing to carry a concealed weapon must apply for a permit through the Delaware State Police. Delaware’s concealed carry permit application process is detailed and includes background checks, training requirements, and character references.
Steps to Obtain a Concealed Carry Permit:
- Training Requirement: Applicants must complete a state-approved firearms training course covering safety, laws, and handling.
- Application Submission: Submit the completed application with fingerprinting, a photograph, and a background check to the Delaware State Police.
- References: Applicants must provide references attesting to their character.
- Approval: Once approved, the concealed carry permit is valid for five years, with renewals required thereafter.
Open Carry in Delaware
Open carry is generally allowed in Delaware without a permit, though certain restrictions apply. Delawareans can open carry in most public places as long as they adhere to state laws and restrictions.
Key Points on Open Carry:
- No Permit Required: Individuals do not need a permit to open carry firearms in Delaware.
- Restricted Locations: Even with open carry privileges, firearms are prohibited in specific locations like schools, government buildings, and businesses with no-gun policies.
- Minimum Age: The minimum age to open carry is 18.
Concealed Carry in Delaware
Delaware is a “may-issue” state, which means that concealed carry permits are granted at the discretion of local authorities. Delaware residents wishing to carry concealed firearms must meet several requirements, including training and background checks.
How to Obtain a Concealed Carry Permit:
- Eligibility Requirements: Applicants must be at least 21 years old, have no disqualifying criminal record, and meet federal requirements for firearm ownership.
- Training Course: Applicants must complete a certified firearms training course.
- Character References: The application requires references from individuals attesting to the applicant’s good character.
- Background Check: Background checks, fingerprinting, and mental health screenings are part of the application process.
Magazine Capacity Limits in Delaware
Delaware has restrictions on magazine capacity. As of recent legislation, Delaware limits magazine capacities for certain firearms to enhance public safety.
- Magazine Capacity Limit: Magazines are restricted to a maximum of 17 rounds. Magazines exceeding this capacity are generally prohibited, with limited exceptions for law enforcement and certain legacy owners.
- Possession of Restricted Magazines: Magazines owned before the law went into effect may be retained, though some must be modified to meet the capacity requirement.
Restricted Locations for Carrying Firearms in Delaware
Delaware prohibits firearms in certain locations, even for individuals with concealed carry permits.
- Schools: Firearms are strictly prohibited on K-12 campuses, including both public and private schools, except for law enforcement.
- Government Buildings: Carrying firearms is prohibited in federal, state, and local government buildings.
- Private Property: Property owners can restrict firearms on their premises, and businesses may post signage prohibiting firearms.
- Public Gatherings: Firearms are restricted at certain public gatherings and events, depending on local ordinances.
Self-Defense Laws in Delaware: Castle Doctrine
Delaware follows a Castle Doctrine law, allowing individuals to use force to defend themselves in their homes without any duty to retreat. However, Delaware does not have a Stand Your Ground law, meaning that individuals have a duty to retreat in public places if it is safe to do so.
Castle Doctrine
Delaware’s Castle Doctrine allows individuals to use force within their home to defend against intruders or those posing an immediate threat. In their own home, individuals are not required to retreat before using force, even deadly force if necessary.
Duty to Retreat in Public
Outside the home, Delaware law imposes a duty to retreat if it is safe to do so. Use of force in self-defense is only permitted in public areas when there is no option to safely retreat.
Assault Weapon Ban in Delaware
Delaware has implemented an assault weapon ban, restricting the sale, possession, and transfer of certain firearms classified as assault weapons.
- Restricted Firearms: Firearms with specific features (e.g., pistol grips, folding stocks, or other attachments) may be classified as assault weapons and prohibited.
- Grandfather Clause: Individuals who legally owned assault weapons before the ban may retain them but cannot transfer or sell them in Delaware.
Prohibited Persons in Delaware
Delaware restricts firearm ownership and purchase for certain individuals, including those with criminal backgrounds or mental health restrictions.
- Convicted Felons: Those with felony convictions are generally prohibited from owning firearms.
- Domestic Violence Offenders: Individuals convicted of certain domestic violence misdemeanors may not possess firearms.
- Mental Health Restrictions: Those with court-documented mental health conditions are prohibited from firearm ownership.
- Protective Orders: Individuals with active protective or restraining orders are also barred from possessing firearms.
Reciprocity with Other States
Delaware does not recognize concealed carry permits from other states. Non-residents and visitors are subject to Delaware’s firearm regulations, and concealed carry is only permitted with a Delaware-issued permit.
Penalties for Violating Gun Laws in Delaware
Violating Delaware’s gun laws can result in fines, imprisonment, and loss of firearm ownership rights. Common violations include:
- Carrying in Prohibited Areas: Carrying a firearm in restricted areas, such as schools or government buildings, can lead to criminal charges.
- Possessing Prohibited Magazines: Possession of a magazine exceeding 17 rounds can result in fines and penalties unless exempted by law.
- Unlawful Sale or Transfer: Selling or transferring firearms without following state requirements, such as conducting background checks, is punishable under Delaware law.
Conclusion: Navigating Delaware’s Gun Laws
Delaware’s gun laws aim to balance public safety and Second Amendment rights, with specific permit requirements for concealed carry, magazine restrictions, and a ban on certain firearms. Delaware residents and visitors must familiarize themselves with these laws to lawfully carry and use firearms in the state. By adhering to Delaware’s regulations and understanding the Castle Doctrine, gun owners can responsibly exercise their rights while staying compliant with state law.
FAQs About Gun Laws in Delaware
1. Do I need a permit to buy a gun in Delaware?
No, Delaware does not require a permit to purchase firearms, but concealed carry requires a permit.
2. What is the magazine capacity limit in Delaware?
Delaware restricts magazine capacity to a maximum of 17 rounds.
3. Does Delaware recognize out-of-state concealed carry permits?
No, Delaware does not recognize concealed carry permits from other states.
4. Is open carry legal in Delaware?
Yes, open carry is legal without a permit, but restrictions apply to certain locations.
5. What are Delaware’s self-defense laws?
Delaware follows the Castle Doctrine in the home and imposes a duty to retreat in public if safe to do so.