Delaware Gun Control Laws

According to state law, residents of Delaware must have a license to carry if they wish to carry a concealed handgun, loaded or unloaded. Only law enforcement officers are not required to have a license. Licenses are not required for handguns in plain sight, rifles, or shotguns. To apply for a license for a concealed weapon, the individual must supply a certificate signed by five “respectable citizens” in his or her election district. These citizens must vouch for the individual’s character and need for a concealed weapon.

Penalties & Regulations for Unlawful Possession

The following are some firearms offenses that can be committed and punished in the state of Delaware:

• The first offense of carrying a concealed firearm is usually a misdemeanor charge, and will result in a fine, but not jail time.
• The use or display of a firearm during a robbery or similar crime can result in a more severe sentence. For example, assault without a firearm results in a misdemeanor, whereas assault with a firearm is a felony.

Requirements: For Firearms Possession and Carry in the state of Delaware

Delaware Gun Purchasing Laws

Some regulations exist to ensure that all guns are purchased legally. Dealers must keep careful records of all sales made, and these records should be readily available and accessible to local law enforcement officers. They must also perform a criminal history record check. For this check, they can charge no more than $20 to cover the cost. Purchases from dealers of antique firearms are exempt from the background check.

Penalties & Regulations for Unlawful Purchases

• Knowingly purchasing a stolen firearm can result in fines and/or jail time.
• Firearms must be purchased from a licensed dealer or gun show.
• Sales or transfers to individuals under the age of 18 should not be made without permission from a parent or guardian.

Requirements: For Purchase of Firearms in state of Delaware

Firing Handguns and Self Defense in Delaware

Though it is illegal to fire a gun within 100 yards of an occupied building or barn or within 15 yards of a road, a defendant may argue that he or she was firing in self-defense. If he or she believed that an imminent threat was present, then he or she had the right to fire to protect himself, herself, or another individual.

Legal Help

Individuals facing firearms offenses in Delaware should immediately consult an attorney who specializes in criminal defense.