Gun laws in Delaware
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|Subject/Law||Long guns||Handguns||Relevant statutes||Notes|
|State Permit to Purchase?||No||No|
|Assault weapon law?||No||No|
|Magazine Capacity Restriction?||No||No|
|Owner license required?||No||No|
|Carry permits required?||Yes||Yes||11 Del.C. § 1441||Delaware is a officially "may issue" state for concealed carry, but mostly shall-issue in practice. Permits are generally issued to all applicants not barred from owning a firearm.|
|Open Carry?||Yes||Yes||Open carry without permit is generally permitted. A 2014 State Supreme Court ruling recognized that Open Carry was a long standing fundamental right, barring local prohibitions in effect prior to July 4, 1985.|
|State Preemption of local restrictions?||Yes*||Yes*||Complete preemption, except for town Ordinance No. 146 (enacted 6-26-1980), which bans the carry of firearms, openly or concealed in Elsmere's town parks. Also the city of Dover did require a permit from the police chief or a state concealed permit to open carry but this was repealed in October of 2015 in keeping with the 2014 State Supreme Court ruling.|
|NFA weapons restricted?||Yes||Yes||SBRs and AOWs are legal. The city of Wilmington prohibits possession of SBRs within city limits. Machine guns, suppressors, Destructive Devices and SBS are prohibited for the average citizen.|
|Peaceable Journey laws?||No||No||Federal rules observed.|
|Background checks required for private sales?||Yes||Yes||147th General Assembly: Chapter 20||Private party transfers of firearms to persons other than family members must be conducted though 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 License to Carry a Concealed Deadly Weapon is exempt from this requirement.|
- "State Gun Laws: Delaware", National Rifle Association – Institute for Legislative Action. Retrieved January 5, 2013.
- "Delaware State Law Summary", Law Center to Prevent Gun Violence. Retrieved January 5, 2013.
- "Concealed Weapons Reciprocity", Delaware Attorney General's Office. Retrieved January 5, 2013.
- "Delaware", Bureau of Alcohol, Tobacco, Firearms and Explosives. Retrieved October 4, 2015.