Delaware is a may-issue state with concealed weapons licenses issued at the county level by the prothonotary office. The Attorney General has the discretion to issue temporary concealed weapons licenses to any non-resident whom the Attorney General determines has a short-term need to carry such a weapon in conjunction with that individual’s employment for the protection of person or property.
On May 16, 2024, the governor signed into a law the requirement to have a permit to purchase a firearm. The law doesn't go into effect for 18 months (roughly around November 2025). Those with a CDWL are exempt from obtaining a permit to purchase. Private-party transfers of firearms to persons other than family members must be conducted through 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 Delaware Concealed Deadly Weapon License (CDWL) is exempt from this requirement.
Open carry is legal in Delaware for anyone that is over 21 who can legally possess a firearm. Some areas are off-limits, including schools and detention facilities.
Concealed carry is legal in Delaware for residents with a CDWL and non-residents with a CCW permit from a state that Delaware honors. CDWLs are primarily issued to residents, with the Attorney General able to issue temporary concealed weapons licenses to non-resident. A firearms training course that includes live-fire shooting exercises is required to obtain a permit. Applicants must obtain five references from residents of their county and then they must publish their application in a local newspaper 10 days before filing their application. The application is reviewed by the attorney general’s office and a court. The attorney general has the discretion to issue, on a limited basis, a temporary license to a non-resident whom the attorney general determines has a short-term necessity to carry such a weapon within Delaware, in conjunction with that individual’s employment, for the protection of person or property. In terms of reciprocity, Delaware recognizes permits issued by other states that honor Delaware licenses to carry concealed deadly weapons and afford a reasonably similar degree of protection as is provided by licensure in Delaware.
Where can I carry with my Delaware permit?
Yes
Yes, Constitutional Carry
Yes, Other Restrictions
No
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Important Firearm Laws
"no weapons allowed" signs enforced?
No. Not mentioned in state statutes.
duty to inform officer you're carrying?
No. There is no duty to inform a police officer that you're carrying a concealed firearm in Delaware.
public access to concealed carry registry?
No, however the information is available for law enforcement.
preemption?
Yes. There is full state preemption of gun laws, except counties may regulate the discharge of firearms and may adopt ordinances regulating open carry in police stations and county buildings. Restricted areas must be posted. However, individuals with concealed carry licenses can conceal carry in those areas.
[Del. Code Ann. tit. 9 § 330(d)][Del. Code Ann. tit. 22 § 111]
red flag law?
Yes. Delaware has a red flag law. A family member of a person or a law enforcement officer may file a petition prohibiting and enjoining a person from controlling, owning, purchasing, possessing, having access to or receiving a firearm.
non-resident permitting?
Yes, the attorney general can issue temporary licenses on a limited basis.
carry while using alcohol or drugs?
Not while under the influence of alcohol (BAC of 0.08 or greater) or drugs when in a public place. In addition, a person cannot be manifestly under the influence of alcohol or any illicit or recreational drug, as defined in Title 21 § 4177(c), or any other drug not administered or prescribed to be taken by a physician, to the degree that the person may be in danger or endanger other persons or property, or annoy persons in the vicinity.
[Del. Code Ann. tit. 11 § 1460]
As a responsibly armed American, regardless of the laws in your state, it is unwise to carry while under the influence of any substance that could impair your judgement, slow your reaction times, or impact your decision-making abilities. Any decision you make while carrying a firearm could have life-altering consequences.
brandishing?
No definition of brandishing was found in Delaware law. However, a person is guilty of disorderly conduct when engaging in violent, tumultuous or threatening behavior.
driver's license linked to weapons license?
No. Your Delaware driver’s license is not linked to your Delaware concealed deadly weapon license. Therefore, a law enforcement officer (LEO) will not be notified that you are a concealed carry license holder immediately when they run your driver’s license. However, Delaware LEOs have access to a comprehensive database which they can choose to query to obtain this information.
"assault weapons" ban?
Yes. Delaware prohibits the manufacture, sale, transfer, receipt, and possession of an "assault weapon".
A list of firearms and more information regarding the law can be found here.
Carry Basics
magazine limits for handguns?
Yes. It is unlawful to manufacture, sell, transfer, purchase, receipt, or possess magazines that hold more than 17 rounds.
Members of the military, law enforcement officers, and any individual who holds a concealed carry permit issued by the Superior Court under § 1441 of this title are exempt.
gun permit licensure?
May issue.
open carry permitted?
Yes, without a license. Any person who is at least 21 years old and legally entitled to possess a firearm can open carry.
constitutional carry?
No.
weapons other than handguns allowed?
Yes. Folding knives with blades of not more than 3 inches
ammunition restrictions?
There are no state laws, however, the City of Wilmington prohibits armor-piercing ammunition.
minimum age for concealed carry?
18.
byrna's?
Yes, they are legal for purchase and possession by civilians. Byrna guns are not classified as firearms under Delaware law. However, carrying Byrna guns may be subject to restrictions similar to those for other "dangerous weapons" in public places.
non-lethal weapons?
STUN GUNS and Tasers are legal to purchase and possess without a license. Concealed carry is legal with a CDWL or a permit from a state that Delaware honors.
PEPPER SPRAY - Legal for self-defense purposes. There are no age restrictions on purchasing or carrying pepper spray, and no permit is required. However, misuse may result in legal consequences and carrying pepper spray onto school grounds, courthouses, or government buildings is prohibited.
BEAR SPRAY - Legal for self-defense against wildlife. There are no specific state restrictions, but misuse against humans could result in criminal charges.
BLUGEONS AND BATONS - Illegal for civilians under Delaware law unless they are registered security personnel or armored car guards who have completed approved training programs. Batons are classified as "dangerous weapons," and their possession without authorization is prohibited.
Billy clubs, slapjacks, and nightsticks fall under similar restrictions as expandable batons. Unauthorized possession may lead to misdemeanor or felony charges.
BRASS KNUCKLES- Illegal under Delaware law.
Handgun Purchase & Possession
waiting period?
No.
background checks for private gun sales? exceptions?
Yes. Excluding the exemptions noted below, no unlicensed person shall sell or transfer any firearm to another unlicensed person without having conducted a criminal history background check through a licensed firearms dealer.
Transfer is defined as assigning, pledging, leasing, loaning, giving away or otherwise disposing of a firearm, but does not include, among other things:
Exemptions include the following:
handgun registration?
No.
possess a handgun on my private property without a license?
Yes. Permitless carry is allowed in Delaware for anyone legally entitled to carry a firearm.
delaware license exempts from background check?
No.
minimum age to possess and transport?
21 years old.
A person under the age of 21 is prohibited from purchasing, owning, possessing, or controlling a firearm or ammunition of a firearm except under limited circumstances. Those circumstances are if the person is 18 years of age or older and an active member of the Armed Forces, a qualified law-enforcement officer, or has a license to carry a concealed deadly weapon. This does not apply to shotguns and shotgun ammunition, muzzle-loading rifles, and deadly weapons other than firearms, thus allowing those persons who are 18 to 21 years of age to purchase, own, control or possess such deadly weapons. Persons under the age of 21 may possess or control a firearm for the purpose of engaging in lawful hunting, instruction, sporting, or recreational activity while under the direct supervision of a person 21 year of age or older
A person is guilty of unlawfully dealing with a dangerous weapon when, for example:
purchase permits?
Yes. On May 16, 2024, the governor signed into a law the requirement to have a permit to purchase a firearm. The law doesn't go into effect for 18 months (roughly around November 2025).
If someone has a valid Concealed Deadly Weapon (CCDW) license issued by the Delaware Superior Court, they are not required to obtain a separate “handgun qualified purchaser permit” before buying a handgun.
Top Gun Laws & Concealed Carry Permit Information For Delaware Residents
Concealed Carry Basics Faq
carry while bow hunting?
No.
what are the knife laws in delaware?
Open carry of any legal knife is allowed without a license. Concealed carry of folding knives with blades no longer than 3 inches is legal with a license. Delaware prohibits knives in schools. There are a number of types of knives that are illegal in Delaware, including switchblades, gravity knives, knives with brass knuckles and knives that are undetectable by metal detectors.
wear a covid mask & carry?
There is no known statute in Delaware making it illegal to wear a COVID mask while carrying concealed. A state statute was identified, making it illegal to wear masks, hoods or other garments rendering the wearers face unrecognizable, for the purpose of and in a manner likely to imminently subject any person to the deprivation of any rights.
carry while gun hunting?
No. Although it is now legal to hunt deer with a handgun during any shotgun deer season, the handgun must be used in place of a shotgun. You cannot carry both in the field at the same time.
hunter harassment law?
Yes. No person shall willfully obstruct or impede the participation of any individual in the lawful taking of fish, crabs, oysters, clams or frogs; the lawful hunting of game birds or animals; or the lawful trapping of any game animals.
Processing Time:
No processing time is specified.
Fees:
$65 for all applications
Name/Address Changes:
Write an informal letter to the court providing information regarding any change of name or address and attach a copy of your Driver’s License with the new name or address,two passport-style photos and the fee. Send it to:
Superior Court of Delaware - NCC500 N. King Street, Suite 500Wilmington, DE 19801
A new license, reflecting the new name/address, will be sent to you in the mail.
Residency Changes:
Moving to Delaware and interested in applying for a resident license? How soon can you apply?Delaware issues licenses to residents only, although the Attorney General may issue temporary licenses to non-residents. You can apply for your license to the prothonotary office once you obtain a Delaware driver’s license.
Moving from Delaware and have a Delaware resident license? Does that license transfer to your new state? Is there a grace period during which your Delaware license remains valid?If a person with a Delaware concealed deadly weapon license establishes residency in another state, the license expires upon the establishment of residence in the other state.
Valid For:
3 years for initial license and 5 years for renewals
Requirements:
An applicant must:
*Consult with an attorney if you have any questions about your eligibility. If you don’t have an attorney, you can find one by contacting the State Bar of Delaware.
Lost/Stolen Licenses:
Contact your local prothonotary office.
Non-Resident Concealed Carry Licenses:
The attorney general has the discretion to issue, on a limited basis, a temporary license to carry concealed a deadly weapon to any individual who is not a resident of the state and whom the attorney general determines has a short-term need to carry such a weapon within the state, in conjunction with that individual's employment, for the protection of person or property. No individual shall be issued more than 3 temporary licenses.
Step 1:
Download and complete the application. You can take your training class before you submit your application or wait until your application is approved, at which point you have 90 days to submit your training certificate.
Step 2:
Arrange with a newspaper of general circulation in your county to have your application published once, at least 10 business days before the filing of your application with the court. Obtain an affidavit from the newspaper company stating that this requirement has been met and attach it to your application. PLEASE NOTE: Selected newspaper must have a circulation of at least 35 percent of the population in your zip code. Be sure to use your whole name — no initials — and your home address.
Step 3:
Arrange to be fingerprinted by Identgo within 45 days of filing an application. Fingerprinting by appointment only. You may want to verify payment methods at the time you schedule your interview.
Step 4:
Have the reference questionnaires completed by 5 citizens from the county in which you reside who are not related to you and who have known you for at least 1 year.
Step 5:
Take the completed and notarized application to the prothonotary office, or mail it to the prothonotary office in the county in which you reside. You will need to include the following:
Step 6:
If your application is approved, you must now complete an approved gun course within 90 days. If you cannot complete the course within 90 days of the approval of your gun license, submit proof that you have enrolled in the course.
Step 7:
Submit an original, notarized certification of satisfactory completion of the firearms training course. Please note that if a certification or proof of enrollment is not filed with the court within 90 days of the approval of your gun license, they will assume you no longer want to obtain a gun license. In order to obtain a gun license, you will have to start the process over.
Step 8:
Your license will be issued.
carry in bars/restaurants that serve alcohol?
Yes, there is no statute making it illegal to concealed carry with a Delaware Concealed Deadly Weapon License or a permit from a state that Delaware honors, unless posted, and provided you are not under the influence.
carry/possess at a hotel?
Delaware statutes don't specifically address firearms at hotels. Please note that each hotel develops their own policies and the individual hotel should be contacted to inquire about it's concealed carry policy. See the Handguns at Hotels page for additional information.
carry at roadside rest areas?
Yes, with a Delaware Concealed Deadly Weapon License or a permit from a state that Delaware honors.
carry in state/national parks, state/national forests and wildlife management areas (wmas)?
Yes, with a Delaware Concealed Deadly Weapon License or a permit from a state that Delaware honors, except for areas that are posted.
[DE Admin. Rule 201-21.1.4] and [Admin Rule 402-8.8.3][Title 7 – Wildlife 3900-8.3.4.9]
carry in vehicle?
Yes, with a Delaware Concealed Deadly Weapon License or a permit from a state that Delaware honors. Without a permit, a firearm must be transported in plain sight — such as on the dash or seat — but not in the glove box or any place it cannot be seen.
store in a vehicle in an employee parking lot?
Use of Force in Self-Protection
The use of force is justifiable when the defendant believes it is immediately necessary for the purpose of protecting the defendant against the use of unlawful force, death, serious physical injury, kidnapping or sexual intercourse compelled by force or threat.
Use of Force for the Protection of Other Persons
The use of force upon or toward the person of another is justifiable to protect a third person when:
There is no duty to retreat unless the defendant knows it can be done in complete safety in the third person’s dwelling or place of work.
Self-Defense
Delaware is a Castle Doctrine state. There is no duty to retreat in or from your dwelling or place of work.There is a duty to retreat when outside your home or workplace.
Civil Liability
Where a person has used force for the protection of property and has not been convicted for any crime or offense connected with that use of force, such person shall not be liable for damages or be otherwise civilly liable to the one against whom such force was used.
Use of Force for the Protection of Property
The use of force is justifiable to protect property provided the defendant first requests the person to desist from interference with the property and when the defendant believes that such force is immediately necessary:
The use of deadly force for the protection of property is justifiable only if the defendant believes that:
Delaware Gun Law Updates
DateDetails
2025-04-01
Added non-lethal weapons to Carry Basics section.
2021-05-17
Added info on driver's license link to permit in At A Glance table
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