Delaware Concealed Carry Firearm Laws

Delaware: Gun Laws Summary

Delaware is a may-issue state with concealed weapons licenses issued at the county level by the prothonotary office (Handgun Law). 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. 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 (NRA-ILA).

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 (USCCA).

Use of Force in Self-Protection

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 (Del. Code Ann. tit. 11, § 464).

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 (Del. Code Ann. tit. 11, § 464).

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 (NRA-ILA).

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:

• The defendant would have been justified in using such force to protect himself or herself;
• The third person whom the defendant seeks to protect would have been justified in using such protective force; and
• The defendant believes that intervention is necessary for the protection of the other person.

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 (Del. Code Ann. tit. 11, § 465).

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:

• To prevent the commission of criminal trespass or burglary in a building or upon real property in the defendant’s possession or in the possession of another person for whose protection the defendant acts; or
• To prevent entry upon real property in the defendant’s possession or in the possession of another person for whose protection the defendant acts; or
• To prevent theft, criminal mischief, or any trespass or taking of tangible, movable property in the defendant’s possession or in the possession of another person for whose protection the defendant acts.

The use of deadly force for the protection of property is justifiable only if the defendant believes that:

• A person is attempting to dispossess the defendant of the defendant’s dwelling; or
• The person is attempting to commit arson, burglary, robbery or felonious theft, or property destruction and either:

• Had employed or threatened deadly force against or in the presence of the defendant; or
• The defendant believed the use of force other than deadly force would expose the defendant, or another person in the defendant’s presence, to the reasonable likelihood of serious physical injury.

 

 

 

Delaware: Gun Laws at a Glance

Delaware: Carry Locations

Delaware: Key State Laws

Delaware: Handgun Purchase and Possession

• A temporary transfer for any lawful purpose that occurs while in the continuous presence of the owner of the firearm, provided that such temporary transfer shall not exceed 24 hours in duration; and
• A transfer that occurs by operation of law or because of the death of a person for whom the prospective transferor is an executor or administrator of an estate or a trustee of a trust created in a will.

Exemptions include the following:* Transactions in which the potential purchaser or transferee is a parent, mother-in-law, father-in-law, stepparent, legal guardian, grandparent, child, daughter-in-law, son-in-law, stepchild, grandchild, sibling, sister-in-law, brother-in-law, spouse or civil union partner of the seller or transferor; and

• Transactions in which the potential purchaser or transferee holds a current and valid concealed carry license.

[Del. Code Ann. tit. 11 § 1448B] | | 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[Del. Code Ann. tit. 11] |