Delaware Gun Laws 2026

Purchasing a Firearm in Delaware

Delaware does not require a special permit or license to purchase a firearm. Buyers must be at least 18 years old for long guns (rifles and shotguns) and 21 for handguns when purchasing from a licensed dealer, in accordance with federal law. All buyers must be able to pass a background check and must not be a prohibited person under federal or state law.

For purchases from Federal Firearms Licensees (FFL dealers), a background check through the federal NICS system (or a state equivalent) is required. Private sales between individuals are not required to go through a background check under Delaware law, although federal law still prohibits selling to a person you know or have reason to believe is a prohibited person.

Delaware does not impose a waiting period on firearm purchases. Once the background check is completed and approved, the buyer may take immediate possession of the firearm. This applies to both handguns and long guns purchased through licensed dealers.

Concealed Carry in Delaware

Delaware has a permit-based concealed carry system. Delaware requires a concealed carry permit or license to carry a concealed handgun in public. The state operates a shall-issue system, meaning the issuing authority must grant the permit if the applicant meets all legal requirements. There is no discretionary denial. Requirements typically include minimum age, background check, and in some cases a firearms safety training course.

Concealed carry permit holders (where applicable) should be aware of restricted locations where carry is prohibited regardless of permit status. These typically include federal buildings, courthouses, schools and school zones, polling places on election day, and any private property where firearms are prohibited by the owner. Posted signage requirements vary by state — in Delaware, always look for posted signs at building entrances.

Open Carry Laws

Open carry of firearms is legal in Delaware. No permit is required to openly carry a firearm. Open carry refers to carrying a firearm in a manner that is visible to others, such as in a belt holster. While legal at the state level, some municipalities or specific locations (government buildings, schools, courthouses) may restrict open carry. It is important to be aware of local ordinances and posted signage.

Assault Weapons and Magazine Restrictions

Delaware does not have an assault weapons ban. Semi-automatic firearms of all types may be legally purchased, possessed, and carried (subject to general firearms laws). There are no state-level restrictions on specific firearm features such as pistol grips, adjustable stocks, or flash suppressors.

Delaware does not restrict magazine capacity. There are no limits on the number of rounds a magazine may hold. Standard-capacity and high-capacity magazines of any size may be legally purchased and possessed.

Red Flag Law

Delaware does not have a red flag law (Extreme Risk Protection Order). There is no legal mechanism for family members or law enforcement to petition a court to temporarily remove firearms from an individual based on perceived risk. Firearms may only be seized through standard criminal proceedings or existing mental health commitment processes.

Gun Show Regulations in Delaware

Gun shows in Delaware follow the same laws that apply to all firearm sales. Licensed dealers (FFLs) at gun shows must conduct background checks on all purchases, just as they would at their retail location. Private sellers at gun shows who are selling from their personal collection are not required to conduct background checks under state law, although they may not knowingly sell to a prohibited person. Gun shows typically require all firearms brought in for sale to be unloaded and secured with cable ties or similar safety devices. Individual show promoters may set additional rules.

FFL Transfer Rules

When purchasing a firearm online, the firearm must be shipped to a Federal Firearms Licensee (FFL) in Delaware for the transfer. The buyer then completes the standard Form 4473 and background check at the FFL's location. FFL transfer fees in Delaware typically range from $20 to $75 per firearm. Use our FFL dealer directory to find transfer-friendly dealers near you.

Key Considerations for Delaware Residents

Delaware maintains a permit-based system for concealed carry, balancing Second Amendment rights with regulatory oversight. Gun owners should stay informed of any legislative changes, as firearms laws are frequently updated. The information on this page reflects the law as of 2026, but laws can change at any time. Always consult the full text of current state statutes or a licensed attorney in Delaware before making legal decisions based on this guide.

For more information on firearms in Delaware, visit our FFL dealer directory for Delaware, browse upcoming gun shows in Delaware, or check the concealed carry reciprocity map to see which states honor Delaware's carry permits.