Delaware Gun Laws

delaware gun laws

Delaware Gun Laws are based on the Constitutional provision of the state that says, “A person has the right to keep and bear arms for the defense of self, family, home and state, and for hunting and recreational use.”

Generally, Delaware Gun Laws do not require a permit to buy a gun, registration of firearms and licensing of gun owners. A person who plans to carry a handgun within the state needs to have a permit for concealed carry though. The succeeding parts of this article will explain more the things prescribed and prohibited by Delaware Gun Laws.

Rules and Restrictions Under Delaware Gun Laws

Here is a quick run on the key requirements and restrictions provided by Delaware Gun Laws:

1. Any resident of the state that is at least 18 years old is eligible to purchase or obtain a shotgun or a rifle. If a person is below 18, the consent of his parent or guardian is needed in order to be qualified to possess or purchase a firearm or ammunition. However, only individuals aged 21 and above can buy or obtain a handgun.

2. Prior to purchase or transfer of a handgun, a background check is required on the part of the recipient. Exempted from this rule are people who are obtaining replicas or antique firearms as well as law enforcers acting in their line of duty.

3. A seller or someone transferring a gun to another person must not charge the latter more than $20 to cover the fees associated with the background check.

4. Persons who have been convicted of felony, charged with crimes involving violence, controlled substance abusers, previously confined to a mental institution without certificate of rehabilitation, adjudicated delinquent for acts that would constitute felony if committed as an adult, or children under 16 years old are not permitted to possess a gun (including air and BB guns). But it should be noted that a person under 16 is permitted to possess a gun if he is under the direct supervision of an adult.

5. A firearm under concealed carry requires a permit, unless the person wielding it is a law enforcement officer in the discharge of his duties.

6. A gun being carried in public must be unloaded or safely stored inside a vehicle.

7. The initial license to carry is good for three years while the succeeding can extend up to five years.

8. It is a felony to possess or sell a machine gun or a weapon that can function like a machine gun. However, a person may be exempted from this prohibition about the possession of a machine gun if it is for research and development purposes, for the use of members of the Armed Forces who are on duty, for the official use of the police or registered under the provisions of the National Firearms Act of the US.

9. It is illegal to carry a firearm manufactured after 1973 that has altered or obliterated serial number.

Requirements for a Handgun Concealed Carry Permit

To be qualified for a concealed carry permit the applicant must have these requirements set by Delaware Gun Laws:

1. The application form must be filed to the Prothonotary of the Superior Court of the county where the applicant resides.

2. The applicant must present a certificate signed by five citizens of good standing in the county where he resides. It should state that he is of good moral character, certified residence of the county and it must emphasize that the permit is necessary for the protection of the applicant to his property and self.

3. A fee of $65 shall be shouldered by the applicant plus taxes. The same amount is required for a renewal of permit.

It should be remembered that the Court may deny any application under reasonable grounds provided by federal and Delaware Gun Laws. If this is the case, a person may file another application after five years.

Validity of Permits Issued Under Delaware Gun Laws in Other Jurisdictions

Here are the states that recognize permits issued under Delaware Gun Laws:

  1. Alabama
  2. Alaska
  3. Arizona
  4. Arkansas
  5. Colorado
  6. Florida
  7. Idaho
  8. Indiana
  9. Iowa
  10. Kansas
  11. Kentucky
  12. Maine
  13. Michigan
  14. Missouri
  15. North Carolina
  16. North Dakota
  17. Ohio
  18. Oklahoma
  19. South Dakota
  20. Tennessee
  21. Texas
  22. Utah
  23. Vermont
  24. Virginia
  25. West Virginia

On the other hand, Delaware Gun Laws recognize permits issued in the following states:

  1. Alaska
  2. Arizona
  3. Arkansas
  4. Colorado
  5. Florida
  6. Kentucky
  7. Maine
  8. Michigan
  9. Missouri
  10. North Carolina
  11. North Dakota
  12. Ohio
  13. Oklahoma
  14. Tennessee
  15. Texas
  16. Utah
  17. West Virginia

It should be noted that Virginia permits will no longer be honored starting December 7, 2013.

Preemption

According to Delaware Gun Laws, the political subdivisions of the state cannot enact a law restricting or licensing ownership, transfer, possession, or transportation of firearms or ammunition.