Delaware Gun Laws

May-issue concealed carry. Assault weapon ban and 17-round magazine limit (since 2022). Red flag law. Permit to purchase handguns.

Last reviewed against official sources on 2026-09-25. Official state source.

Delaware requires a may-issue permit for concealed carry and a permit to purchase handguns. Since 2022, the state bans assault weapons (existing owners grandfathered) and limits magazines to 17 rounds — both remain in effect while court challenges continue. The state also has a red flag law. Duty to retreat applies outside the home.

Key facts

• Concealed Carry: May-issue permit required
• Open Carry: Permitted without a permit; local restrictions may apply
• Permit to Purchase: Required for handguns
• Assault Weapon Ban: Yes — since 2022 (existing owners grandfathered) (11 Del. C. § 1466)
• Magazine Limit: 17 rounds maximum (11 Del. C. § 1469)
• Waiting Period: None
• Universal Background Check: Required for all sales
• Red Flag Law (ERPO): Yes — Lethal Violence Protective Order
• Castle Doctrine: Yes
• Stand Your Ground: Duty to retreat outside the home
• Concealed Carry Reciprocity: Reciprocity with ~21 states meeting Delaware's mutual-recognition standard (Delaware Dept. of Justice — CCDW Reciprocity)

Frequently asked questions

Do I need a permit to carry concealed in Delaware?

Yes. Delaware is a may-issue state. You apply through the Superior Court and must submit references from five county residents attesting to your good character, plus training and a background check.

Does Delaware require a permit to purchase a handgun?

Yes. Since November 16, 2025, handgun buyers need a Handgun Qualified Purchaser Permit issued by the State Bureau of Identification (State Police) after a training course, fingerprints, and background check. Concealed carry license holders are exempt.

Does Delaware have a red flag law?

Yes. Delaware has a Lethal Violence Protective Order law allowing family and law enforcement to petition for firearm removal.

Does Delaware have stand your ground?

Delaware recognizes castle doctrine in the home but generally requires a duty to retreat in public if safe to do so.

Does Delaware ban assault weapons or large magazines?

Yes. Since 2022, Delaware bans assault weapons (those lawfully owned before June 30, 2022 are grandfathered) and magazines holding more than 17 rounds (no grandfather clause, though concealed carry license holders are exempt). Both laws remain in effect while court challenges continue.

Does Delaware honor my out-of-state concealed carry permit?

Only from states Delaware has determined offer a reasonably similar licensing standard and that also honor Delaware's own permit in return — roughly 20 states currently qualify. Check the Delaware Department of Justice's current reciprocity list before carrying here, since it's periodically updated.

Not legal advice. Laws change; verify with official sources.