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Legal & NFA

What Are the Gun Laws in Delaware?

Woody's answers are based on published federal and state law. Not legal advice. Consult a licensed attorney for your specific situation.

Quick Answer

Delaware requires permits for concealed carry, has no assault weapon ban, allows most common firearms, and mandates background checks for all handgun sales including private transfers.

What This Means for You

Delaware sits in the middle ground of gun regulations, more restrictive than neighboring Pennsylvania but less so than neighboring Maryland and New Jersey. The state's permit system and universal background check requirement for handguns means you need to plan ahead for any builds involving pistols or short-barreled configurations. Delaware also prohibits certain activities that other states allow, so understanding the boundaries keeps your projects legal.

The Detail

Delaware requires a concealed deadly weapons license for carrying concealed firearms, which involves fingerprinting, background checks, and demonstrating competency with firearms. The state allows open carry without a permit for those legally allowed to possess firearms, but many municipalities have local ordinances that may restrict this practice.

The state mandates background checks for all handgun transfers, including private sales, which must go through a licensed dealer. Long gun sales between private parties don't require background checks, but sales from dealers still follow federal requirements. Delaware has no waiting period beyond the time needed to complete the background check process.

Delaware prohibits carrying firearms in schools, courthouses, and certain other government buildings. The state also has specific laws about storing firearms when minors might access them. There's no assault weapon ban at the state level, and standard capacity magazines are legal to own and purchase.

NFA items like short-barreled rifles, suppressors, and destructive devices are legal in Delaware provided they comply with federal regulations. You'll still need to go through the standard ATF approval process, but the state doesn't add additional restrictions beyond federal requirements.

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Build Impact

If you're building pistols or planning pistol configurations, factor in Delaware's universal handgun background check requirement when acquiring components or complete firearms. NFA builds are viable since Delaware allows most federal NFA categories, but always verify local municipality rules if you plan to carry or transport your builds.

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