Delaware Concealed Carry Gun Permit Laws

Ron Cadillac
14 min readJun 11, 2024

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Legal information provided is for reference and not legal advice. Consult an attorney for specific legal concerns.

Summary of Delaware Gun Laws

Permit System: Delaware operates under a may-issue system for concealed weapons licenses, issued at the county level by the prothonotary office. Additionally, the Attorney General can grant temporary concealed weapons licenses to non-residents for specific employment-related security needs.

Firearms Purchase and Registration:

  • Current Requirements: Delaware does not require a license to purchase firearms nor is there a registration requirement.
  • Future Requirements: Starting in November 2025, a permit will be required to purchase a firearm, following a law signed on May 16, 2024.
  • Private-Party Transfers: These require a background check conducted by a licensed dealer, with exemptions for transfers to individuals possessing a valid Delaware Concealed Deadly Weapon License (CDWL).

Open and Concealed Carry Laws:

  • Open Carry: Legal for individuals over 21 who can legally possess a firearm, with restrictions in certain areas such as schools and detention facilities.
  • Concealed Carry: Permissible for residents holding a CDWL and non-residents with a CCW permit from a state recognized by Delaware. Applicants must complete a firearms training course including live-fire exercises, provide five resident references, and publish their application in a local newspaper prior to submission.

Use of Force in Self-Protection: The use of force is justified if necessary to protect against unlawful force, serious physical harm, kidnapping, or compelled sexual conduct.

Civil Liability and Self-Defense: Individuals using force to protect property and not convicted of related offenses are shielded from civil liability. Delaware follows the Castle Doctrine, which allows self-defense without a duty to retreat inside one’s dwelling or workplace, but requires retreat elsewhere unless safety is assured.

Use of Force for Protection of Others and Property:

  • Protection of Others: Force can be used to protect others under circumstances where the defender would be justified in protecting themselves.
  • Protection of Property: Deadly force is justifiable to prevent crimes like burglary, robbery, or arson, provided it is believed necessary to prevent serious harm.

[Del. Code Ann. tit. 11, § 464, 465, and 466]

Delaware Gun Laws at a Glance

Ammunition Restrictions

Q: Does Delaware have ammunition restrictions?

A: There are no state laws, but the City of Wilmington prohibits armor-piercing ammunition.

Constitutional Carry

Q: Does Delaware allow constitutional carry?

A: No.

Open Carry Permitted

Q: Is open carry permitted in Delaware?

A: Yes, without a license. Any person who is at least 21 years old and legally entitled to possess a firearm can open carry.

Gun Permit Licensure

Q: If Delaware requires a license to carry a concealed firearm, how are those licenses issued?

A: Delaware follows a may-issue policy.

Weapons Other Than Handguns Allowed

Q: Can you concealed carry weapons other than handguns in Delaware with a concealed carry license (or under permitless carry if applicable)?

A: Yes, folding knives with blades not exceeding 3 inches can be carried.

Minimum Age for Concealed Carry

Q: What is the minimum age in Delaware to get a concealed carry license?

A: 18.

Chemical Spray/Pepper Spray

Q: Is it legal to buy or use chemical spray/pepper spray in Delaware?

A: Yes, pepper spray is legal, though it is illegal to use it while committing a crime or to assault a law enforcement officer while they are performing their duties.

Tasers or Stun Guns

Q: Is it legal to own a taser or stun gun in Delaware?

A: Yes, stun guns and Tasers are legal to purchase and possess without a license in most of the state. However, they are illegal in certain areas like New Castle County, Wilmington, and Newark.

Magazine Limits for Handguns

Q: Does Delaware have magazine capacity restrictions for handguns?

A: Yes, it is unlawful to manufacture, sell, transfer, purchase, receive, or possess magazines that hold more than 17 rounds. Exemptions apply to certain individuals such as military members, law enforcement officers, and concealed carry permit holders.

Carry Locations

Carry at Roadside Rest Areas

Q: Can you carry a concealed firearm at roadside rest areas in Delaware?

A: Yes, with a Delaware Concealed Deadly Weapon License or a permit from a state that Delaware honors.

Carry in Bars/Restaurants That Serve Alcohol

Q: Can you carry a concealed firearm in bars and restaurants that serve alcohol in Delaware?

A: Yes, there is no statute making it illegal to carry concealed with a Delaware Concealed Deadly Weapon License or a permit from a state that Delaware honors, unless posted, and provided you are not under the influence.

Store in a Vehicle in an Employee Parking Lot

Q: Does Delaware have laws relating to storing firearms in private vehicles in an employee parking lot?

A: Not addressed in Delaware state law, although employers may have a policy.

Carry/Possess at a Hotel

Q: Can you carry or possess a firearm on hotel property in Delaware?

A: Delaware statutes don’t specifically address firearms at hotels. Each hotel develops its own policies, so you should contact the individual hotel to inquire about its concealed carry policy.

Carry in Vehicle

Q: Can you carry a concealed handgun in a vehicle in Delaware?

A: Yes, with a Delaware Concealed Deadly Weapon License or a permit from a state that Delaware honors. Without a permit, a firearm must be transported in plain sight — such as on the dash or seat — but not in the glove box or any place it cannot be seen.

Carry in State/National Parks, State/National Forests, and Wildlife Management Areas (WMAs)

Q: Can you carry a concealed firearm in state/national parks, state/national forests, and Wildlife Management Areas in Delaware?

A: Yes, with a Delaware Concealed Deadly Weapon License or a permit from a state that Delaware honors, except for areas that are posted.

Key State Laws

Brandishing

Q: Does Delaware state law define brandishing?

A: No definition of brandishing was found in Delaware law. However, a person is guilty of disorderly conduct when engaging in violent, tumultuous, or threatening behavior.

Non-Resident Permitting

Q: Does Delaware issue concealed carry licenses to non-residents?

A: Yes, the attorney general can issue temporary licenses on a limited basis.

Public Access to Concealed Carry Registry

Q: Does Delaware allow the public to access concealed carry registry information through public records law?

A: No, however, the information is available for law enforcement.

Duty to Inform Officer You’re Carrying

Q: Do you have a duty to notify a police officer that you’re carrying a concealed firearm in Delaware?

A: No. There is no duty to inform a police officer that you’re carrying a concealed firearm in Delaware.

Red Flag Law

Q: Does Delaware have a red flag law?

A: Yes. Delaware has a red flag law. A family member of a person or a law enforcement officer may file a petition prohibiting and enjoining a person from controlling, owning, purchasing, possessing, having access to, or receiving a firearm.

Preemption

Q: Does Delaware have preemption laws related to concealed carry?

A: Yes. There is full state preemption of gun laws, except counties may regulate the discharge of firearms and may adopt ordinances regulating open carry in police stations and county buildings. Restricted areas must be posted. However, individuals with concealed carry licenses can conceal carry in those areas.

Driver’s License Linked to Weapons License

Q: Is my Delaware driver’s license linked to my Delaware concealed deadly weapon license?

A: No. Your Delaware driver’s license is not linked to your Delaware concealed deadly weapon license. Therefore, a law enforcement officer will not be notified that you are a concealed carry license holder immediately when they run your driver’s license. However, Delaware LEOs have access to a comprehensive database which they can choose to query to obtain this information.

“No Weapons Allowed” Signs Enforced

Q: Are “No Weapons Allowed” signs enforced in Delaware?

A: No. Not mentioned in state statutes.

Carry While Using Alcohol or Drugs

Q: Does Delaware have laws regarding carrying a concealed firearm while using alcohol or drugs?

A: Not while under the influence of alcohol (BAC of 0.08 or greater) or drugs when in a public place. In addition, a person cannot be manifestly under the influence of alcohol or any illicit or recreational drug, or any other drug not administered or prescribed to be taken by a physician, to the degree that the person may be in danger or endanger other persons or property, or annoy persons in the vicinity.

As a responsibly armed American, regardless of the laws in your state, it is unwise to carry while under the influence of any substance that could impair your judgment, slow your reaction times, or impact your decision-making abilities. Any decision you make while carrying a firearm could have life-altering consequences.

Handgun Purchase & Possession

Possess a Handgun on My Private Property Without a License

Q: Can I possess/carry a handgun in my home without a license?

A: Yes. Permitless carry is allowed in Delaware for anyone legally entitled to carry a firearm.

Purchase Permits

Q: Is a permit required to purchase a handgun in Delaware?

A: No. However, starting in November 2025, a permit will be required to purchase a firearm, as per a law signed on May 16, 2024.

Delaware License Exempts from Background Check

Q: Does my current Delaware concealed carry license exempt me from needing a background check when I purchase a firearm?

A: No.

Waiting Period

Q: Is there a waiting period after purchasing a handgun in Delaware?

A: No.

Handgun Registration

Q: Do handguns need to be registered in Delaware?

A: No.

Background Checks for Private Gun Sales and Exceptions

Q: Are background checks required for private gun sales in Delaware? Are there exceptions?

A: Yes. With exceptions, no unlicensed person shall sell or transfer any firearm to another unlicensed person without conducting a criminal history background check through a licensed firearms dealer. Exemptions include transactions between family members and those with a valid concealed carry license.

Minimum Age to Possess and Transport

Q: What is the minimum age to possess and transport a handgun in Delaware?

A: 21 years old. Persons under 21 may possess a firearm under specific circumstances outlined in Delaware law.

For more detailed information, refer to the Delaware legal statutes.

Delaware Concealed Carry Reciprocity With Other States

Alaska

Arizona

Arkansas

Colorado

Florida

Idaho (Enhanced permits only)

Kansas

Kentucky

Maine

Michigan

Missouri

New Mexico

North Carolina

North Dakota

Ohio

Oklahoma

South Dakota (Enhanced permits only)

Tennessee

Texas

Utah

West Virginia

Other States’ Reciprocity With Delaware

Alabama (permitless carry, at least 19 years old)

Arkansas (permitless carry, at least 18 years old)

Idaho (permitless carry, at least 18 years old)

Indiana (permitless carry, at least 18 years old)

Montana (permitless carry, at least 18 years old)

New Hampshire (permitless carry, at least 18 years old)

North Carolina

North Dakota (permitless carry, at least 18 years old)

South Dakota (permitless carry, at least 18 years old)

Vermont (permitless carry, at least 18 years old)

States That Have Restricted Reciprocity with Delaware

Alaska (permitless carry, at least 21 years old)

Arizona (permitless carry, at least 21 years old)

Colorado (at least 21 years old and resident permits only)

Florida (permitless carry, at least 21 years old)

Georgia (Permitless carry, at least 21 years old)

Iowa (permitless carry, at least 21 years old)

Kansas (permitless carry, at least 21 years old)

Kentucky (permitless carry, at least 21 years old)

Maine (permitless carry, at least 21 years old)

Michigan (at least 21 years old and resident permits only)

Mississippi (permitless carry, at least 21 years old)

Missouri (permitless carry, at least 19 years old, 18 for military)

Nebraska (Permitless carry, at least 21 years old)

New Mexico (at least 21 years old)

Ohio (permitless carry, at least 21 years old)

Oklahoma (permitless carry, at least 21 years old)

South Carolina (permitless carry, at least 18 years old)

Tennessee (permitless carry, at least 18 years old)

Texas (permitless carry, at least 21 years old)

Utah (permitless carry, at least 21 years old)

Virginia (at least 21 years old)

West Virginia (permitless carry, at least 21 years old)

Wisconsin (at least 21 years old)

Wyoming (permitless carry, at least 21 years old)

Permitless Carry States

Alabama (permitless carry, at least 19 years old)

Alaska (permitless carry, at least 21 years old)

Arizona (permitless carry, at least 21 years old)

Arkansas (permitless carry, at least 18 years old)

Florida (permitless carry, at least 21 years old)

Georgia (Permitless carry, at least 21 years old)

Idaho (permitless carry, at least 18 years old)

Indiana (permitless carry, at least 18 years old)

Iowa (permitless carry, at least 21 years old)

Kansas (permitless carry, at least 21 years old)

Kentucky (permitless carry, at least 21 years old)

Maine (permitless carry, at least 21 years old)

Mississippi (permitless carry, at least 21 years old)

Missouri (permitless carry, at least 19 years old, 18 for military)

Montana (permitless carry, at least 18 years old)

Nebraska (Permitless carry, at least 21 years old)

New Hampshire (permitless carry, at least 18 years old)

North Dakota (permitless carry, at least 18 years old)

Ohio (permitless carry, at least 21 years old)

Oklahoma (permitless carry, at least 21 years old)

South Carolina (permitless carry, at least 18 years old)

South Dakota (permitless carry, at least 18 years old)

Tennessee (permitless carry, at least 18 years old)

Texas (permitless carry, at least 21 years old)

Utah (permitless carry, at least 21 years old)

Vermont (permitless carry, at least 18 years old)

West Virginia (permitless carry, at least 21 years old)

Wyoming (permitless carry, at least 21 years old)

Delaware Concealed Carry License Information

CC License Requirements

An applicant must:

  • Be at least 18 years old
  • Complete a firearms training course
  • Have five references from the county of residence attesting to the applicant’s character and need for self-protection
  • Verify the application by oath or affirmation before a state-authorized officer
  • Never have been convicted of a felony or crime of violence
  • Not be subject to a Protection From Abuse Order
  • Never have been committed for a mental disorder
  • Meet federal law requirements

Consult with an attorney if you have any questions about your eligibility.

Fees

$65 for all applications.

Validity

  • Initial license: 3 years
  • Renewals: 5 years

Processing Time

No specific processing time is specified.

Non-Resident Concealed Carry Licenses

The Attorney General may issue temporary licenses to non-residents with a short-term need to carry a concealed weapon in Delaware.

Name/Address Changes

Submit an informal letter to the court with:

  • A copy of your Driver’s License showing the new name or address
  • Two passport-style photos
  • The fee

Send to: Superior Court of Delaware
NCC 500 N. King Street, Suite 500
Wilmington, DE 19801

Lost/Stolen Licenses

Contact your local prothonotary office.

Residency Changes

Moving to Delaware

Apply for a resident license once you obtain a Delaware driver’s license.

Moving from Delaware

Your Delaware license expires upon establishing residency in another state.

For detailed information, please refer to the Delaware legal statutes related to concealed carry licensing.

Delaware Concealed Carry License Application Process

Step 1: Complete the Application

  • Download and fill out the application form.
  • You can take your firearms training class either before submitting your application or after it has been approved. If you choose the latter, you will have 90 days post-approval to submit your training certificate.

Step 2: Publish Your Application

  • Arrange for your application to be published once in a newspaper with general circulation in your county at least 10 business days before filing it with the court.
  • Obtain an affidavit from the newspaper company confirming the publication and attach it to your application.
  • Ensure the newspaper has a circulation of at least 35% of the population in your zip code.
  • Use your full name and home address in the publication.

Step 3: Fingerprinting

  • Schedule an appointment with the State Bureau of Identification (SBI) within 45 days of filing your application.
  • Call the SBI at (302) 739–2528 to arrange your fingerprinting appointment and receive further instructions.

Step 4: Obtain References

  • Have five citizens from your county, who are not related to you and have known you for at least one year, complete the reference questionnaires.

Step 5: Submit the Application

  • Take or mail the completed and notarized application to the prothonotary office in your county. Include:
  • The original set of fingerprints
  • A complete copy of all documents
  • Two passport-style photographs taken within the last six months
  • The filing fee

Step 6: Complete Firearms Training

  • If your application is approved, complete an approved firearms training course within 90 days.
  • If you cannot complete the course within this time frame, submit proof of enrollment in an upcoming course.

Step 7: Submit Training Certification

  • Submit an original, notarized certification of satisfactory completion of the firearms training course within 90 days of your license approval.
  • Failure to submit this certification will require you to restart the application process.

Step 8: License Issuance

  • Your license will be issued upon successful completion of the above steps.

FAQ: Delaware Concealed Carry Questions

Wear a COVID Mask & Carry?

Question: Can I legally carry a concealed firearm in Delaware while wearing a COVID-19 protective mask?

Answer: Yes. There is no statute in Delaware that prohibits wearing a COVID mask while carrying concealed. However, a state statute prohibits wearing masks, hoods, or other face-covering garments with the intent to deprive any person of their rights.

Carry While Gun Hunting?

Question: Can you concealed carry while shotgun/rifle hunting in Delaware?

Answer: No. While it’s legal to hunt deer with a handgun during shotgun deer season, the handgun must be used instead of a shotgun. Carrying both a handgun and a shotgun simultaneously in the field is prohibited.

Carry While Bow Hunting?

Question: Can you concealed carry while bow hunting in Delaware?

Answer: No. Concealed carry is not permitted while bow hunting in Delaware.

Hunter Harassment Law?

Question: Is there a Hunter Harassment Law in Delaware?

Answer: Yes. Delaware law prohibits willfully obstructing or impeding lawful fishing, hunting, or trapping activities.

What Are the Knife Laws in Delaware?

Question: What are the knife laws in Delaware?

Answer: Open carry of any legal knife is allowed without a license. Concealed carry of folding knives with blades no longer than 3 inches is legal with a license. Delaware prohibits knives in schools and certain types of knives including switchblades and gravity knives.

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