Gun-carrying laws in Delaware emphasize more on the residents. Therefore, for someone looking to own a gun in this country, it is essential to understand the existing rules and regulations beforehand. Delaware is a state with May-Issue gun-carrying jurisdiction in place. In Delaware, only residents get permits for concealed gun-carrying, under any circumstance. Applications submitted should contain at least five local references from the county residents, precisely for validating credibility. Once the individual interested in getting the permit applies, he or she must consider the residential country first and even get the application published in a local Delaware newspaper.
Moreover, even the newspaper circulation is subject to regulation. Minimum newspaper circulation of 35 percent is a norm before the official filing of an application. Last but not least, the concerned court and even the office of the Attorney General in power review the form. For applying, 18 years is the minimum age. The person, however, must also possess a training course or rather a firearms training certificate. As mentioned previously, five references are also necessary. Lastly, he or she shouldn't have been convicted ever, in and around Delaware.
There is no permit required to procure a gun in Delaware, while you may have to be 21 years of age to get a license. A few types of firearms like machine guns and sawed-off guns are prohibited under Delaware state gun law. If you are convicted of any crime or felony, then you may not be able to own a firearm in the state of Delaware. The state falls under the "MAY ISSUE" category, and only residents of the state may buy or own a handgun. Open carry is permitted in the state. However, the carriers must abide by the Federal Laws.
Delaware CCW Handgun Requirements
HANDGUN REQUIREMENTS
There is a basic set of requirements any applicant willing to procure a Hand-gun must satisfy to get the Hand-gun license
- The applicant must be a minimum of 18 years of age on the date of application
- The applicant must be a resident of Colorado state
- Must have demonstrated the ability to handle Handguns
- Must have a clear criminal record in recent years
- Must not have any charges or offences in the past three years
- Must not be chronically or mentally ill in recent years
- Federal Law Requirements
Additional Information:
To obtain a license the applicant must get references from five residents belonging to the same county as the applicant. The applications are time-bound and is issued on a limited basis only.
The following persons will not be provided with the License:
- any applicant who is charged with any felony, physical injury, domestic violence
- any applicant with conviction due to possession or sale of any illegal drug
- any applicant who has been convicted of juvenile crime
APPLICATION REQUIREMENTS:
To apply for a fresh/NEW CCW handgun license please follow the steps listed below:
- Arrange for a newspaper publication 10 days prior to the filing of the application and ensure to get the affidavit from the newspaper agency if you have met the eligibility criteria.
- Complete the background verification process, including fingerprints 45 days prior to filing the application form.
- Submit the reference questionnaire from 5 residents of your county in which you reside.
- Have two passport size color 2”x 2”, recently taken (within 6 months) photograph
- The statutory filing fee is USD 65 (Cash, MO or Personal cheque) may be accepted.
- Submit the completed application form to the Prothonotary’s Office or mail them to your nearest Prothonotary’s Office.
- After the review of the application form, you may need to submit the gun course certificate followed by a personal interview
RENEWAL PROCESS:
To renew the handgun license please follow the steps listed below:
- Have two passport size, recently taken (within 6 months) photograph
- The statutory filing fee is USD 65 (Cash, MO or Personal cheque) may be accepted.
- Submit the completed application form to the Prothonotary’s Office or mail them to your nearest Prothonotary’s Office.
- Upon successful review of your application form, you may have to attend a personal interview scheduled.
The statutory filing fee of USD 65 is to be paid during the time of registration or application submission.
Delaware CCW Basics
Must Notify Officer
NO – Must Inform Officer on Contact By Law
As per Delaware Gun laws "There is nothing" that indicates an individual to inform the officials when approached for an enquiry regarding the possession of a firearm. But it is a must to carry the firearm permit along with you all times if you are carrying the firearm with you. It is a right to possess a firearm with an appropriate permit.
No Weapon Signs Enforced
NO
When a “No Firearm” sign is displayed, it does not have the force of law, but when it is over any property which purposefully indicates that it is a state law and it is an offence to carry firearms.
Vehicle Carry
YES/NO – Without a Permit/License
Delaware gun laws permit any individual with a valid permit to carry the firearm in the vehicle. If it is a long gun, it is a must to unload the gun and keep them visible in the vehicle, while in case of short guns; they must be unloaded and enclosed inside a case.
It is an offence to carry a weapon in a vehicle without a valid permit.
Open Carry
YES – Without a Permit/License
Open carry is permitted with a valid license but not necessary to carry the permit all time. As per Delaware gun laws, any individual possessing a valid permit can legally carry weapons and firearms openly in hand, vehicle or to the place of work.
Delaware Gun Forms & Supporting Documentation
Purchase and Possession
PURCHASE
It is legal for any person living in Delaware to purchase or obtain a rifle or shotgun in a state that is contiguous to this state and to transport or receive such rifle or shotgun into the state. This regulation is subject to other state laws that may apply.
A permit is not required to purchase a rifle, shotgun, or handgun. A rifle or shotgun may not be purchased by any person under the age of 18. A handgun may not be purchased by any person under the age of 21.
A criminal history record check and an involuntary commitment of an adult record check must be done before the purchase of a firearm from a licensed dealer can be made. Shotgun and antique firearm or (antique firearm replica) purchases are exempt from the background check, as well as purchases made by law enforcement personnel. Any person who may not legally possess a firearm is prohibited from purchasing firearms.
Any dealer transferring firearms between private parties can charge a fee of $20.00 or less for the cost of the background check.
It is illegal to transfer a firearm or ammunition to any person under 18 years of age without prior permission from the minor’s parent or legal guardian.
POSSESSION
There is no state licensing requirement for the possession of a rifle, shotgun, or handgun. The following persons may not lawfully purchase or possess any firearm:
• Any person convicted of a felony.
• Any person convicted of a violent crime causing bodily injury to another person including misdemeanor convictions, (possession is legal five years from the date of the conviction).
• Any person convicted of an offense that involves a narcotic, or other dangerous drug, or a controlled substance.
• Any person who has ever been committed to a mental hospital, sanitarium, or institution for mental disorders and does not possess a rehabilitation certificate.
• Any child under the age of 16, not including those minors under direct supervision of an adult.
• Any person, who is a juvenile, and delinquent for conduct which, if committed by an adult, would be considered a felony, (until he/she reaches age 25).
It is a felony if any person gives another person a firearm with knowledge that he/she may not lawfully possess a weapon. It is also a felony to purchase a firearm for another person who may not legally possess a firearm or to transfer, sell or give as such to a person prohibited from possessing a firearm. A parent may not legally allow a minor under the age of 16 to possess a firearm that is operable or inoperable, or an air or bb gun unless under the direct supervision of an adult. It is considered a misdemeanor to possess any air gun or spring-fired gun that projects ammunition larger than a BB shot.
Carrying a Firearm
A license to carry a concealed firearm on or about the person, whether loaded or unloaded, must be obtained in the state of Delaware. Exceptions to this include any law enforcement officer wishing to carry a concealed firearm. A handgun may be carried in open view, or in a locked trunk of a vehicle, inaccessible to a person. While traveling by motorized transport including a vehicle, farm machinery, a motorboat while under power, or a sailboat while under power, any rifle or shotgun must not be loaded.
An application for a license to carry must be made at the office of the Prothonotary of the Superior Court, in the county in which one resides, at least 15 days before the next term of court. The license is valid initially for a period of three years.
An applicant applying for a permit to carry a concealed weapon must obtain a certificate signed by five “respectable” citizens in the county where he/she resides. The certificate must attest to the applicant’s “full age” (18), sobriety and good moral character, reputation for peace and order within the community, and that the concealed carrying of a deadly weapon is necessary for his/her protection and/or the protection of his/her property. The certificate must be signed by each individual citizen and in his/her own handwriting. A notarized certificate must be filed, stating that the applicant has attended and completed an authorized firearms training course.
The Prothonotary of the county in which an application for a license is filed must receive the application at least 10 days prior to the next term of the Superior Court. Notice of every application shall be published once and the court may or may not approve any application.
A fee of $65.00, in addition to license taxes and advertising costs, must be paid by the applicant. The fee is $65.00 for renewal.
A license to carry a concealed weapon may be renewed for a period of five years without additional requirements before or on the expiration date. The licensing tax and fee must be paid to the Prothonotary and an affidavit stating the necessity for carrying a concealed weapon for the protection of self and property, as well as a statement conveying that each of the requirements for the permit have been met must be included. A license may be renewed every five years, unless the Superior Court can present good cause to deny the renewal.
Antiques & Replicas
Any firearm that is manufactured before the year 1899, or any replica of a firearm that does not use fixed ammunition or uses fixed ammunition that is no longer manufactured in the U.S. and which is no longer readily available through regular channels of trade is exempt from the background check required for purchasers. It will however, be considered a firearm for all other purposes.
Machine Guns
It is a felony to possess a machine gun or any other firearm or weapon that can be adapted or used as a machine gun. Under the Provisions of the National Firearms Act, a person may register a machine gun for scientific research and development purposes. Members of the military armed forces and Delaware police officers are exempt from prohibition if they are authorized to carry a machine gun.
Range Protection
No legal nuisance suit may be brought against any shooting range in operation for one year or more, if the original property did not constitute a nuisance from the time of first operation.
§ 8142. Limitations on shooting range and hunting operations nuisance suits
(a) For the purposes of this section, the terms “shooting range” and “hunting operations” and “its appurtenances” mean an operation including any of the following:
(1) Lands, including the buildings and improvements thereon, which are used or which are intended for use for the shooting of targets for training, education, practice, recreation or competition;
(2) Lands, including the buildings and improvements thereon, which are used or which are intended for use as a hunting club, hunting preserve, shooting preserve or a restricted experimental, propagating and shooting preserve as provided for in subchapter V of Chapter 5 of Title 7;
(3) Lands, including the buildings and improvements thereon, which are used or which are intended for use as a kennel, training facility or field trial facility for the breeding, showing, raising and/or training of hunting and sporting dogs; and
(4) Clubs, associations, partnerships, sole proprietorships, corporations and other business and social entities whose activities or holdings include the land and uses described in paragraphs (a)(1)--(3) of this section.
(b) This section does not apply to:
(1) Shooting ranges or hunting operations which do not conform to federal, state or local health or zoning requirements except as may otherwise be provided elsewhere herein; or
(2) Shooting ranges or hunting operations which are conducted in a negligent or unlawful manner.
(c) No shooting range or hunting operation or any of its appurtenances shall be or become a nuisance, private or public, by any changed conditions in or about the locality thereof after the same has been in operation for more than 1 year if the operation or the change did not constitute a nuisance from the date the shooting range or hunting operation began or the date the change in the operation began. Likewise, a shooting range or hunting operation which fully complied with local zoning requirements when operations first began shall not be deemed to be non-compliant based upon zoning requirements which have subsequently changed since the initial commencement of operations.
(d) Subject to the limitations of subsection (c) of this section, any and all state laws and ordinances of any unit of local government now in effect or hereafter adopted that would make the operation of any such shooting range or hunting operation or its appurtenances a nuisance or providing for abatement thereof as a nuisance in the circumstances set forth in this section shall be null and void as applied to shooting ranges and hunting operations and their respective appurtenances; however, this section shall not apply whenever nuisance results from the negligent or improper operation of any such shooting range or hunting operation or any of its appurtenances or when there has been a significant and fundamental change in the operation itself.
Delaware Concealed Carry Reciprocity
Delaware's Reciprocity States
States that honor a Delaware permit
Alabama, Alaska, Arizona, Arkansas, Colorado, Florida, Idaho, Indiana, Iowa, Kansas, Kentucky, Maine, Michigan, Minnesota, Mississippi, Missouri, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, West Virginia
Delaware honors permits from these states
Alaska, Arizona, Arkansas, Colorado, Florida, Idaho, Kentucky, Maine, Michigan, Missouri, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, South Dakota, Tennessee, Texas, Utah, West Virginia
Idaho – Delaware only honors the Idaho Enhanced Permit
South Dakota – Delaware only honors the South Dakota Enhanced Permit
North Dakota – Delaware only honors the North Dakota Class 1 Permit.
Miscellaneous
It is a felony to knowingly possess or transport any firearm manufactured after 1973 that has an altered or obliterated serial number.
It is illegal to shoot across any road or within 15 yards of any road, or within 100 yards of a building or barn that is occupied.
It is illegal to leave a loaded firearm within the reach or easy access of any person under the age of 18, whereby the minor uses it to cause serious physical injury or death upon himself or another person. It is considered an affirmative defense that:
- the firearm was locked in a box or container or stored in an area presumed to be secure from a minor, by any reasonable person;
- the firearm was obtained by the minor as a result of illegal entry by any person; or
- any serious physical injury or death to the minor or another person occurred in relation to a target/sport shooting, or hunting accident.
Delaware Off limit Statues
10.15 - Weapons of Any Kind Are Not Permitted On A School Bus.
8.3.4 Firearms on Division Areas.
8.3.4.1 It shall be unlawful for any person to possess a firearm within areas designated in 8.3.4.6 below administered by the Division, except as authorized by the Director in writing, or as set forth below.
8.3.4.2 It shall be unlawful for any person to possess a rifled firearm of any description at any time on those lands bordering the Chesapeake and Delaware Canal and licensed to the Department by the Government of the United States for wildlife management purposes, except that muzzleloaders and shotguns with rifle barrels may be used during deer seasons when it is lawful to use those firearms.
8.3.4.3 It shall be unlawful for any person to discharge any firearm on lands or waters administered by the Division on Sunday, except in areas designated by the Director or with a permit from the Director.
8.3.4.4 It shall be unlawful for any person to discharge any firearm on lands or waters administered by the Division for any purpose, including target shooting, other than to hunt during an open season, under conditions approved by the Director and specified on the current wildlife area map.
8.3.5 Dikes. It shall be unlawful for any person to be in possession of any firearm on any dike administered by the Division, unless such person is temporarily crossing a dike at a ninety degree angle or traversing a dike to reach a Division authorized deer stand location during a deer firearms hunting season.
9201- Regulations Governing State Parks
21.0 Hunting, Fishing and Wildlife Management - Environmental D Violation
21.1 It shall be unlawful to display, possess or discharge firearms of any description, air rifles, B.B. guns, sling shots, or archery equipment within designated areas administered by the Division, except with prior written approval of the Director, or as set forth below.
21.1.1 Designated areas shall include park offices, visitor centers, nature centers, bathhouses, restaurants and snack bars, stadiums and facilities while used for sporting events, concerts, and festivals, museums, zoos, stables, educational facilities, dormitories, playgrounds, swimming pools, guarded beaches, and water parks, and shall be identified by appropriate signage.
21.1.2 The Director may grant written approval on a daily basis for the possession of firearms within designated areas, upon written application showing good cause related to self-defense or the defense of family, and due regard for the safety of others within the designated areas.
21.1.3 Active duty and qualified retired law enforcement officers may possess firearms within areas administered by the Division, including designated areas.
21.1.4 Delaware residents holding an active current permit to carry a concealed deadly weapon may carry a firearm within areas administered by the Division, including designated areas.
21.1.5 Firearms may be carried within areas administered by the Division, outside of designated areas, by any person not prohibited by 11 Del.C. §1448.
402 - State Forest Regulations
8.0 Hunting Rules and Regulations
8.1 State Forests are year-round multiple use areas. Hunters share the use of State Forest lands with other public users such as hikers, campers, horseback riders, firewood cutters, and loggers.
8.8 Target shooting is prohibited. Firearms are allowed for legal hunting and are otherwise prohibited within designated safe areas on State Forest lands, except as set forth below.
8.8.1 Designated areas shall include State Forest Offices, education centers, and lodges, and shall be identified by appropriate signage.
8.8.3 Delaware residents holding an active current permit to carry a concealed deadly weapon may carry a firearm within areas administered by the Department, including designated areas
8.8.4 Firearms may be carried within areas administered by the Department, outside of designated areas, by any person not prohibited by 11 Del.C. §1448.