Delaware Gun Laws
2026 Compliance Guide

Delaware enacted an assault weapons ban in 2022 (House Bill 450); magazines are limited to 17 rounds; suppressors and short-barreled rifles are prohibited for civilians; and as of 2024 a Handgun Qualified Purchaser Permit is required for handgun purchases.

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Quick answer
Delaware prohibits assault weapons by name and feature test. Magazine capacity is limited to 17 rounds. Suppressors are prohibited for civilian ownership. Short-barreled rifles are prohibited for civilian ownership. A permit or license is required to purchase firearms.

Delaware Firearm Laws at a Glance

The table below summarizes Delaware's key firearm regulations for 2026. Each item links to the relevant statute in the section below.

Assault Weapons BanYES โ€” restricted
Magazine Capacity Limit17 rounds
Suppressors (NFA)Prohibited for civilians
Short-Barreled Rifles (SBR)Prohibited for civilians
Permit Required to PurchaseYes
Background Check on Private SalesRequired
Ghost Guns / UnserializedProhibited

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Assault Weapons Ban in Delaware

Delaware's Lethal Firearms Safety Act of 2022 (HB 450, codified at 11 Del. C. ยงยง 1462โ€“1466) prohibits the sale, transfer, manufacture, and new possession of firearms classified as 'assault weapons.' The definition (11 Del. C. ยง 1465) covers semi-auto rifles, pistols, and shotguns by both named-model list (AR-15, AK-47 variants, and named rifles/pistols) and a one-feature test. Lawfully possessed firearms before June 30, 2022 are grandfathered. The compliance checker applies the full statutory feature test for your specific firearm.

Practical impact: Standard AR-15 and AK-pattern rifles sold in most states are typically prohibited in Delaware. Compliant configurations exist (featureless builds, fixed-magazine variants) but selection is limited. If you are buying a semi-automatic centerfire rifle, run it through the compliance checker before purchase.

Magazine Capacity Limits in Delaware

Delaware prohibits magazines holding more than 17 rounds (11 Del. C. ยง 1468). Possession is prohibited; sale and transfer are prohibited.

NFA Items: Suppressors, SBRs, and Machine Guns

Suppressors

Suppressors (silencers) are prohibited for civilian ownership in this state regardless of federal NFA approval. A federal tax stamp does not authorize possession in states where the item is prohibited by state law.

Short-Barreled Rifles (SBRs)

Short-barreled rifles are prohibited for civilian ownership in this state regardless of federal NFA approval.

Machine Guns and Other NFA Items

Pre-1986 transferable machine guns are restricted under the federal Firearm Owners Protection Act and require ATF Form 4 approval. Delaware separately prohibits civilian machine gun ownership.

Permits and Licensing Requirements

As of 2024, Delaware requires a Handgun Qualified Purchaser Permit for all handgun purchases. The permit requires fingerprinting, a background check, and completion of an approved firearms training course.

Carry Laws

May-issue concealed carry permit. Open carry is generally permitted without a license.

Private Sales and Background Checks

Delaware requires all firearm transfers โ€” including private โ€” to be processed through a licensed FFL with a background check.

Ghost Guns and Unserialized Firearms

Delaware prohibits the manufacture, sale, or possession of unfinished firearm frames or receivers and untraceable firearms (11 Del. C. ยง 1459A).

Federally, ATF Final Rule 2021R-05F (effective August 24, 2022) reclassified most unfinished receiver kits as firearms requiring serialization and FFL transfer. State law in Delaware adds additional requirements on top of the federal rule.

Key Delaware Firearm Statutes

The following statutes form the legal basis for Delaware's firearm regulations. Citations are kept current with the official state code.

  • 11 Del. C. ยง 1466 โ€” Assault weapons prohibition
  • 11 Del. C. ยง 1468 โ€” Large-capacity magazine prohibition
  • 11 Del. C. ยง 1459A โ€” Untraceable firearm / ghost gun prohibition
  • 11 Del. C. ยง 1448B โ€” Handgun Qualified Purchaser Permit requirement

Frequently Asked Questions: Delaware Gun Laws

When did Delaware's assault weapons ban take effect?

Delaware's assault weapons ban (HB 450) was signed into law on June 30, 2022 and took effect immediately. Pre-existing assault weapons owned before that date may be possessed but cannot be sold or transferred within the state.

What is the magazine limit in Delaware?

Delaware limits magazines to 17 rounds. This is one of the most permissive limits among states with capacity restrictions.

Do I need a permit to buy a gun in Delaware?

Yes, for handguns. As of 2024, a Handgun Qualified Purchaser Permit is required for any handgun purchase. Long gun purchases do not currently require a state permit but still require a NICS background check through an FFL.

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Compare Delaware to Other States

Delaware's firearm laws differ significantly from neighboring states. View laws for any U.S. state below.