Delaware Gun Laws (2026): New Purchase Permit, AWB & Carry Rules

Last updated March 22nd 2026

Delaware has been on a legislative tear since 2022, passing new gun restrictions at a pace that’s caught a lot of people off guard. What was once a relatively moderate Mid-Atlantic state for gun owners now has an assault weapons ban, a 17-round magazine limit, universal background checks, and as of November 2025, a brand new permit-to-purchase requirement. If you haven’t checked Delaware’s gun laws recently, what you think you know is probably outdated.

The state isn’t as restrictive as Connecticut, New Jersey, or Maryland, but it’s moving in that direction. Open carry is still legal without a permit, which is a bright spot. But the new purchase permit, the assault weapons ban that survived a Supreme Court challenge, and the suppressor ban make Delaware a state where you need to pay close attention to the details.

Delaware Gun Laws: The Highlights

• Constitutional Carry: No. Permit required for concealed carry.
• Concealed Carry: Concealed Deadly Weapon License (CDWL) required. May-issue through Superior Court.
• Open Carry: Legal without a permit for adults who can lawfully possess firearms.
• Purchase Permit: Yes. Required as of November 16, 2025. Must be 21 for handguns/rifles, 18 for shotguns.
• Background Checks: Universal (all sales including private transfers).
• Waiting Period: No statutory waiting period.
• Magazine Limit: 17 rounds (enacted 2022).
• Assault Weapons Ban: Yes (enacted 2022, upheld by courts).
• Red Flag Law: Yes (enacted 2018).
• Suppressors: Illegal for civilians.

Permits and Purchasing

As of November 16, 2025, Delaware requires a Permit to Purchase for all firearm acquisitions. This is a new requirement that didn’t exist before. The minimum age is 21 for handguns and rifles, and 18 for shotguns and muzzle-loading rifles. This was one of the most significant changes to Delaware gun law in recent years.

For concealed carry, Delaware uses a Concealed Deadly Weapon License (CDWL) issued through the Superior Court. The process is technically may-issue, though most qualified applicants are approved in practice. Requirements include completing a firearms training course, submitting an application with five character references who are residents of the same county, and passing a background check. The CDWL covers not just firearms but any concealed deadly weapon.

The application goes through the Prothonotary of the Superior Court in your county of residence. Processing times vary by county. New Castle County (Wilmington area) typically has the longest wait times due to volume.

Concealed and Open Carry

Open carry is legal in Delaware without a permit for any adult who can lawfully possess a firearm. This is one of the more permissive aspects of Delaware law and stands in contrast to the state’s recent restrictive trend. You can open carry a handgun without any license or permit. However, standard prohibited locations apply: schools, government buildings, state parks, and anywhere signage prohibits firearms.

Concealed carry requires the CDWL. Without it, carrying a concealed deadly weapon is a Class G felony under 11 Del. C. § 1442. Delaware recognizes concealed carry permits from a limited number of other states. Check current reciprocity before carrying on a Delaware permit in another state or carrying an out-of-state permit in Delaware.

Background Checks

Delaware has universal background checks. All firearm transfers, including private sales, must go through a licensed dealer who conducts a background check. This applies to handguns, rifles, and shotguns. There are limited exceptions for transfers between immediate family members, but even those have restrictions.

Delaware uses the NICS system for its background checks. There is no state-level point of contact system. Dealer transfers follow the standard federal process.

Magazine Capacity Limits

Delaware enacted a 17-round magazine limit in 2022 under 11 Del. C. § 1468. Magazines holding more than 17 rounds are prohibited with exceptions for law enforcement, military, and holders of a valid Concealed Deadly Weapon License. That CDWL exception is unusual and worth noting: if you have a Delaware concealed carry permit, the magazine limit does not apply to you.

The 17-round limit was chosen specifically because it’s the standard capacity of common full-size pistols like the Glock 17 and SIG P320. In practice, this ban primarily affects rifle magazines (standard AR-15 magazines are 30 rounds) and extended pistol magazines.

Assault Weapons Ban

Delaware’s assault weapons ban was enacted in 2022 under 11 Del. C. § 1466. It bans the sale of defined assault-style weapons including AR-15 pattern rifles, AK-47 pattern rifles, and similar semiautomatic platforms. The law was immediately challenged in court, but the U.S. Supreme Court declined to hear the case in January 2025, leaving the ban intact.

Firearms legally possessed before the ban took effect are grandfathered. The law prohibits future sales and transfers of covered weapons within the state. This means you can keep what you already own, but you can’t buy, sell, or transfer banned firearms in Delaware going forward.

Red Flag Law

Delaware enacted its Extreme Risk Protection Order (ERPO) law in 2018 under 10 Del. C. § 7701-7709. The law allows family members, household members, law enforcement, and certain medical professionals to petition for an order to temporarily remove firearms from individuals deemed to pose a danger to themselves or others.

Emergency orders can be issued ex parte (without the respondent present) and last until a full hearing. At the hearing, the respondent has the opportunity to present their case. If the court finds by a preponderance of the evidence that the person poses a danger, firearms are surrendered for up to one year.

NFA Items

Suppressors are completely banned for civilians in Delaware under 11 Del. C. § 1444. Possession of a suppressor is a felony. Delaware is one of only eight states that completely prohibit civilian suppressor ownership. The federal removal of suppressors from the NFA in 2025 does not override Delaware’s state-level ban.

Short-barreled rifles and short-barreled shotguns are restricted. Check current statute for specific NFA item legality, as Delaware’s restrictions on these items are more nuanced than a blanket ban.

State Preemption

Delaware has partial preemption. Counties and municipalities are generally prohibited from enacting laws that regulate the ownership, transfer, or possession of firearms. However, local governments can regulate the discharge of firearms and create limited carry restrictions in certain locations. In practice, this means the state laws described on this page apply statewide, but check local ordinances for discharge restrictions in your area.

Self-Defense: Duty to Retreat

Delaware is NOT a Stand Your Ground state. Under 11 Del. C. § 464, you have a duty to retreat before using deadly force if you can safely do so. The exception is the Castle Doctrine: within your own dwelling, you have no duty to retreat and may use deadly force if you reasonably believe it’s necessary to protect yourself or others from death, serious physical injury, kidnapping, or sexual intercourse by force.

Outside the home, the duty to retreat means that if you can safely disengage from a threatening situation, you are legally required to do so before using deadly force. This applies on the street, in parking lots, in stores, everywhere outside your residence. If you’re involved in a defensive shooting in Delaware, expect the prosecutor to scrutinize whether retreat was possible. This is a critical difference from neighboring states like Pennsylvania (which has Stand Your Ground).

Reciprocity: Out-of-State Permits

Delaware recognizes concealed carry permits from a limited number of states. The reciprocity list is not as broad as many southern and western states. Before carrying in Delaware on an out-of-state permit, verify current reciprocity with the Delaware Attorney General’s office. Conversely, the Delaware CDWL is recognized by a modest number of other states.

Non-residents can apply for a Delaware CDWL through the Superior Court, but the process requires five character references who are Delaware residents of the same county where you’re applying. This effectively limits non-resident permits to people with strong Delaware connections.

Prohibited Places

Even with a valid CDWL, Delaware prohibits firearms in several locations. Under 11 Del. C. § 1457, firearms are prohibited in schools, school zones, and on school buses. State parks restrict firearms under park regulations. Government buildings, courthouses, and polling places during elections are also off-limits.

Private property owners can prohibit firearms by posting signage. Carrying in violation of posted signage is a trespassing offense. Delaware law doesn’t specifically address carry in bars or restaurants that serve alcohol, but carrying while intoxicated is a separate offense.

Purchasing Process Step by Step

Here’s what the process looks like for a first-time gun buyer in Delaware as of 2026:

1. Obtain a Permit to Purchase from the Delaware State Police or your county authority. This is the new requirement as of November 2025. Bring valid ID and complete the application.
2. Choose your firearm. Remember the assault weapons ban and 17-round magazine limit (unless you hold a CDWL). Ask your dealer about compliance if you’re unsure.
3. Complete the sale at a licensed dealer. Fill out the federal 4473 form, undergo a NICS background check. If you’re buying through a private sale, the transfer must go through a licensed dealer who conducts the background check.
4. Take your firearm home. There’s no waiting period at the dealer level once you have the Purchase Permit and pass the background check.

If you also want to carry concealed, the CDWL process is separate and goes through the Superior Court in your county. It requires a training course, five character references, and a background check. Processing times vary by county.

Our Take on Delaware Gun Laws

Delaware changed more in three years than most states change in a decade. The assault weapons ban, magazine limits, and purchase permit requirement all landed between 2022 and 2025. If you bought a gun in Delaware in 2021, the legal landscape today would be almost unrecognizable.

The silver lining is that open carry remains unrestricted, the CDWL exemption on magazine limits is generous, and grandfathered firearms aren’t affected by the assault weapons ban. But the trajectory is clearly toward more restriction, not less. If you live in Delaware, stay current on the legislative session and know your rights. The Delaware State Sportsmen’s Association is the primary advocacy group worth supporting.

For the complete statutes, visit the Delaware Code Title 11.

FAQ: Delaware Gun Laws