Delaware Concealed Weapon Charges

Residents of Delaware are not required to obtain a permit to purchase a handgun, shotgun or rifle. Gun owners don’t need to obtain a permit to carry a weapon unless they want to carry a concealed firearm. Handguns are allowed to be carried in open view or locked in the truck of a motor vehicle. The State of Delaware is a “may issue” state, and the judge has the right to deny any individual’s application.

How to Obtain a Concealed Carry Permit in Delaware

The State of Delaware has the following requirements for obtaining a concealed weapons permit:

• The applicant must file an application for a license with the prothonotary of the superior court in the county where he or she resides.
• The applicant must provide a certificate signed by five respectable citizens from where he or she currently resides. This certificate must state the following:
  • that the person is age 21 or older,
  • that the person is sober and of good moral character,
  • that he or she has a good reputation and
  • that carrying a concealed weapon is necessary for his or her personal protection or to protect his or her property.

If a license is granted, it will remain valid for a period of 2 years from the date of issue. All applicants must pass a Delaware State Police background check and complete a gun safety course. Licenses may be renewed for a period of 3 years without additional requirements or the submission of another application.

Delaware Concealed Weapons Violations

Carrying a concealed weapon with or without a permit is prohibited in a number of places, including all courthouses, police stations, detention facilities, state parks and wildlife management areas.

A criminal who is caught illegally carrying a concealed weapon will have his or her prison sentence increased substantially. If the original term called for a 2-year sentence, he or she will be given up to 8 years. When House Bill 226 was passed in 2010, it also added the provision that carrying a concealed deadly weapon would be charged as a violent felony and subject to a higher presumptive sentence.

Pleading to Criminal Charges

Anyone that has a prior criminal record may be facing enhanced penalties if arrested on a weapons violation. All defendants should enter a plea of “not guilty” at their arraignments. Following an arraignment, a defendant will have time to meet with his or her legal representative to determine the strength of the prosecution’s case. If the prosecution's evidence is weak, the State may be willing to offer a plea bargain during the preliminary hearing stage. A defendant facing a felony charge may wish to accept a deal if the district attorney’s office allows him or her to plead to a misdemeanor offense.

Legal Help from a Delaware Criminal Defense Attorney

There are many types of defenses that can be used to fight criminal charges. For example, if you were arrested because another person accidentally saw your concealed weapon and called the police, a valid defense will be that you had a lawful permit and did not cause the disturbance. You should contact a criminal defense attorney as soon as possible following your arrest. He or she can help you obtain bail and make sure that your rights are defended at all times.