Delaware Legal Summary

Delaware Gun Laws

  Open Carry: Permitted however local ordinances may exist.
  Duty to Notify Law Enforcement: Only when asked by the officer
  State Parks: Delaware residents holding an active current permit to carry a concealed deadly weapon may carry a firearm
  Restaurants Serving Alcohol: No specific restriction
  Firearms at Colleges: Schools individually decide the weapons policy.
  Firearms at K-12 Schools: With valid permit, loaded handgun is lawful in the vehicle only
  Church Carry: Churches act like any other private property and may restrict
on a church by church basis
  Hotels: No legal restriction - Reference article on page 67
  Secure Storage Requirements: There are legal consequences if one fails to secure their firearm and that leads to a minor gaining unauthorized access.
  Magazine Capacity Limitations: As of August 29, 2022, Delaware law limits the capacity of firearm magazines to 17 rounds. This law also bans the manufacture, sale, purchase, receipt, transfer, and possession of large capacity magazines (LCMs).
  Suppressor Ownership: Prohibited
  Vehicle Possession Without Recognized Permit: No concealed firearms. It must be carried openly in the vehicle such as on the seat or dash.
  Firearm Law Uniformity: Some uniformity exists but laws pre-1985 are grandfathered and local jurisdictions can restrict open carry
  Permit Training Requirements: Must complete a course which shall include:
 Instruction regarding knowledge and safe handling of firearms;

b. Instruction regarding safe storage of firearms and child safety;

c. Instruction regarding knowledge and safe handling of ammunition;

d. Instruction regarding safe storage of ammunition and child safety;

e. Instruction regarding safe firearms shooting fundamentals;

f. Live fire shooting exercises conducted on a range, including the expenditure of a minimum of 100 rounds of ammunition;

g. Identification of ways to develop and maintain firearm shooting skills;

h. Instruction regarding federal and state laws pertaining to the lawful purchase, ownership, transportation, use and possession of firearms;

i. Instruction regarding the laws of this State pertaining to the use of deadly force for self-defense; and

j. Instruction regarding techniques for avoiding a criminal attack and how to manage a violent confrontation, including conflict resolution.
  Non-Resident Permits: Non-residents may not apply
  Constitutional Carry: No
  Duty to Retreat: Duty to Retreat before using Deadly Force except when in your dwelling (464-465)
  Places Off Limits: Federal Buildings
 State approved "SLOTS"
 Courthouses, police stations, prisons and other detention facilities’ (Title 11 § 1256 & § 1258).
 Wildlife Management Areas (Del. Regulation
 “Safe Recreation Zone” - any building or structure owned, operated, leased or rented by any county or municipality, or by the State, or by any board, agency, commission, department, corporation or other entity thereof, or by any private organization, which is utilized as a recreation center, athletic field or sports stadium.
 Safe School Zone: a. Any building, structure, athletic field, sports stadium or real property owned, operated, leased or rented by any public or private school including any kindergarten elementary, secondary, or vocational-technical school. b. Any motor vehicle owned, operated, leased, or rented by any public or private school including any kindergarten, elementary, secondary, or vocational-technical school
 Polling places on an election day
  State Contact Info: Attorney General of Delaware
820 North French Street
Wilmington, DE 19801
  Permit Issuing Authority: The Prothonotary Office in the county in which you reside.
  Length of Permit Validity: 5 Years
  Permit Application Process: 1. Arrange with a newspaper of general circulation in your County to have your application published once, at least (10) 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: Newspaper of selection must have a circulation of at least 35% of the population in your zip code. Be sure to use your whole name – no initials – and your home address.
2. Arrange to be fingerprinted. Fingerprinting by Appointment Only Appointments are ONLY Tuesday & Thursday noon to 6:30 p.m. You will be given the address of the Delaware State Police Troop to report to at the time you are given an appointment. For an appointment call: (302) 739-2528 or 1-800-464-4357 Payment by certified check, money order, business check, or credit card for exact amount only. No cash or personal checks accepted and picture ID required. Fingerprints must be taken within 30 days of filing application.
3. Have the reference questionnaires completed by five (5) citizens from the County in which you reside.
4. Complete the attached questionnaire and have it notarized. (The Prothonotary Office will notarize a document for a $1.00 fee)
5. Include two (2) 2 x 2 color passport-style photographs of the applicant, taken within the six-month period immediately preceding the filing of the application.
6. Include the statutory filing fee of $34.50. Cash, money order or personal check, made payable to the “PROTHONOTARY” will be accepted. (Credit cards are accepted in Kent County ONLY)
7. New applications may be filed at any time. You must file the original set and a complete copy of all the documents. (DUPLICATE COPY) You may hand deliver your application to the Prothonotary’s Office or, if all the requirements are met, mail to the Prothonotary Office in the County in which you are applying:

New Castle County Prothonotary Office
CCDW Permit
500 N. King Street, Suite 1500
Wilmington, DE 19801-3704

Kent County Prothonotary Office
38 The Green
Dover, DE 19901

Sussex County Prothonotary Office
Sussex County Courthouse
1 The Circle, Suite 2
Georgetown, DE 19947

You may be contacted by a representative of the Attorney General’s Office for a personal interview.

If you have any questions, please contact:
New Castle County 302-255-0556
Kent County 302-739-3184 ext. 164
Sussex County 302-856-5742

Following review of your application by the Attorney General’s Office and the Court, you will receive written notification as to whether your application has been denied or approved. If your application is approved, you must now complete an Approved Gun Course. For exact details of what the course must include see 11 Del. C. § 1441. Upon completion of the course please submit your Certificate – certified by the Instructor and notarized to the Court. Your new CCDW permit will be issued following receipt verification of the gun course.
  Resident Permit Reciprocity:
While Concealed Carry Inc strives to maintain legal reference information updated on this website; you as the reader and gun owner are responsible to do any and all necessary research and consult with a local attorney before making any decisions. Concealed Carry Inc is not liable for any misinformation, inaccuracies, or actions taken based on this information. We are not attorneys and this information is not legal advice. If you see any information you feel is outdated or incorrect please contact us.

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