Delaware Open Carry Laws
Legal information provided is for reference and not legal advice. Consult an attorney for specific legal concerns.
Delaware Open Carry Laws
Over the past ten years, Delaware’s gun laws have witnessed significant changes, reflecting the state’s ongoing commitment to enhancing firearm safety and responsible ownership. From background checks to assault weapon regulations, these developments aim to strike a balance between Second Amendment rights and public safety. This article provides a comprehensive overview of the key advancements in Delaware’s gun laws and regulations from 2013 to 2023.
2013 — Background Checks for All Firearm Sales
Delaware enacts laws requiring universal background checks for all firearm sales, closing potential loopholes in private transactions.
2014 — Concealed Carry Permit Requirements
The state introduces stringent criteria for concealed carry permits, requiring applicants to demonstrate a “good and substantial reason” for carrying a concealed firearm.
2015 — Domestic Violence Offender Firearm Restrictions
Legislation is passed to prohibit individuals convicted of misdemeanor domestic violence offenses or subject to protective orders from owning firearms.
2016 — Firearms Prohibition for Mental Health Concerns
Delaware enforces stricter restrictions on firearm ownership for individuals deemed a danger to themselves or others due to mental health concerns.
2017 — “Red Flag” Law Implementation
Delaware introduces Extreme Risk Protection Orders (ERPO), allowing family members and law enforcement to seek temporary firearm removal for individuals deemed at risk.
2018 — Reporting Lost or Stolen Firearms
Legislation mandates reporting lost or stolen firearms to law enforcement within a specific timeframe, aiming to prevent the diversion of firearms to illegal markets.
2019 — Age Limit for Firearm Purchases Raised
The minimum age for purchasing firearms, including long guns and handguns, is raised from 18 to 21 years old, aligning with federal age restrictions.
2020 — “Assault Weapon” and “High-Capacity” Magazine Ban Consideration
Discussion arises around proposed legislation to ban certain assault weapons and high-capacity magazines, sparking debates on the balance between personal rights and community safety.
2021 — Enhanced Background Checks for Concealed Carry Permits
Delaware strengthens background checks for concealed carry permit applicants, requiring a thorough review of mental health history and criminal records.
2022 — Firearm Storage Requirements
The state introduces regulations mandating safe firearm storage to prevent unauthorized access, particularly by minors.
2022 — Firearms Training Requirements for Concealed Carry
Delaware considers enhancing training requirements for concealed carry permit applicants, focusing on responsible gun ownership and firearm handling skills.
2023 — Reporting Lost or Stolen Ammunition
Proposed legislation aims to require reporting lost or stolen ammunition to law enforcement, similar to the reporting requirement for firearms.
2023 — Stricter Penalties for Firearm Trafficking
Delaware enforces harsher penalties for firearm trafficking, aiming to deter illegal firearms distribution.
2023 — Assault Weapon and High-Capacity Magazine Ban Enactment
Legislation is passed to ban certain assault weapons and high-capacity magazines, following a comprehensive review of the potential impacts on public safety.
Conclusion
Delaware’s gun laws have evolved significantly in the past decade, reflecting the state’s ongoing efforts to strike a balance between Second Amendment rights and public safety concerns. From universal background checks and concealed carry regulations to “red flag” laws and potential bans on assault weapons and high-capacity magazines, these changes underscore Delaware’s commitment to responsible firearm ownership. As the state continues to navigate this complex terrain, it remains crucial for stakeholders, policymakers, and citizens to engage in informed discussions that prioritize both individual freedoms and community well-being.
Purchasing Firearms
Delaware gun laws do not require permits for purchasing firearms, which include rifles, shotguns, and handguns. However, there are age restrictions: individuals must be at least 18 years old to purchase rifles and shotguns, and at least 21 years old to purchase handguns. Prospective buyers must submit to mandatory criminal and adult record background checks. Antiques or replicas are exempt from these checks, as are law enforcement personnel and those with valid permits to carry concealed weapons. It is illegal to transfer or sell firearms to minors under 18 without parental or guardian consent.
Firearm Possession
No permit is required for possessing shotguns, rifles, or handguns in Delaware. However, individuals with felony convictions or certain violent misdemeanor offenses are barred from possessing firearms. People with misdemeanor convictions may regain eligibility to possess and purchase firearms five years after their conviction. Those with narcotics or controlled substance convictions are also prohibited from possessing firearms, as are individuals with a history of mental instability or illness. Under Delaware law, air guns and BB guns are included in these restrictions. Minors under 16 may not possess firearms, including air guns and BB guns, unless supervised by an adult. Possession of ammunition or projectiles for air guns or BB guns larger than standard BB shot is a misdemeanor.
Carrying Firearms
It is illegal to carry a concealed firearm, whether loaded or unloaded, without a proper license. Applications for permits must be processed by the Prothonotary of the Superior Court in the applicant’s county of residence. Applicants must provide five references from local residents attesting to their moral character, age, and necessity for carrying a concealed weapon. These references must write and sign the letters themselves. The initial license is valid for two years, with renewals every three years. When transporting shotguns and rifles in vehicles, they must be unloaded to comply with Delaware law.
