Delaware concealed carry laws and reciprocity

Delaware's deadly weapons subchapter (11 Del. C. Chapter 5, Subchapter VII, including the concealed deadly weapon license statute 11 Del. C. 1441) contains no requirement that a person carrying a firearm tell a law enforcement officer about it or display a license on request. The value rests on the absence of any such provision in the subchapter.

Without a Delaware license or recognized permit, carrying a concealed firearm upon or about the person is a felony (11 Del. C. 1442); the statute makes it a defense that the firearm was stored as described in 1456(b): in a locked box or container, a locked firearms rack, or the locked trunk.

Carrying a concealed firearm upon or about the person without a license is a class D felony (11 Del. C. 1442); open carry is not covered by that statute.

By statute the Superior Court may approve or deny an application in its discretion, and applicants must file five references attesting to their character and need (11 Del. C. 1441); the U.S. Supreme Court in Bruen found that Delaware operates like a shall-issue state in practice.

The Superior Court's CCDW application is for Delaware residents only; the Attorney General may grant a nonresident a 30-day temporary license only for a short-term employment-related need (11 Del. C. 1441(k)).

Delaware's carry-license statute covers only concealed carry (11 Del. C. 1442), and the U.S. Supreme Court noted in Bruen that Delaware appears to have no licensing requirement for open carry. Place-specific bans (schools, colleges, polling places) still apply.

Title 11, Chapter 5, Subchapter VII of the Delaware Code (the weapons offenses, 11 Del. C. 1441-1460) contains no provision giving legal effect to a posted no-firearms sign; the value rests on the absence of such a provision. An armed visitor who remains after the owner withdraws permission can be charged with criminal trespass under 11 Del. C. 821-823.

No statute bars carrying in restaurants or bars, but possessing a firearm in a public place, including restaurants, bars, and taverns, while under the influence of alcohol or drugs (0.08 BAC or more) is a class A misdemeanor (11 Del. C. 1460).

Under 7 DE Admin. Code 9201 sec. 21.1, any person not prohibited under 11 Del. C. 1448 may carry a firearm in state parks outside 'designated areas' (park offices, visitor and nature centers, bathhouses, restaurants and snack bars, stadiums and facilities during events, museums, zoos, stables, educational facilities, dormitories, playgrounds, swimming pools, guarded beaches and water parks), which must be marked by signs; Delaware residents holding a current permit to carry a concealed deadly weapon may carry anywhere in the parks, including designated areas.

Delaware's weapons subchapter (11 Del. C. 1441-1474) contains no ban on licensed carry in places of worship; it addresses places of worship only in the offense of discharging a firearm toward one (11 Del. C. 1460A).

Knowingly possessing a firearm on property or in vehicles of a public or private college or university is a class A misdemeanor, except for CCDW license holders with the firearm in a vehicle, firearms in a locked container or rack in a vehicle, and people with written authorization from the school (11 Del. C. 1457C).

Off-limits by statute: Safe School Zones, meaning K-12 school property and vehicles (CCDW holders only inside a motor vehicle) (11 Del. C. 1457A); college and university property (11 Del. C. 1457C); and polling places on election day, from 2 hours before polls open to 2 hours after they close (11 Del. C. 1457B). Weapons offenses in Safe Recreation Zones such as recreation centers and stadiums carry higher penalties (11 Del. C. 1457).

Deadly force is not justified if the defendant knows it can be avoided with complete safety by retreating, except in the defendant's dwelling or, unless the initial aggressor, place of work (11 Del. C. 464(e)).

Making, selling, buying, receiving, transferring, or possessing a magazine that holds more than 17 rounds is prohibited, with a $100 civil penalty for a first possession-only offense (11 Del. C. 1468, 1469). Holders of a Delaware-issued CCDW license are exempt (11 Del. C. 1469(c)(5)).

It is unlawful to transport an assault weapon into Delaware or to make, sell, buy, receive, or possess one, a class D felony; weapons lawfully possessed before June 30, 2022 may be kept only at home, at a range, and in other listed places (11 Del. C. 1465, 1466).

Making, selling, buying, or possessing a firearm silencer is a class E felony, with exceptions only for military, police, and certified wildlife biologists (11 Del. C. 1444); the Delaware DOJ states silencers are prohibited under all circumstances.

Delaware's destructive-weapon statute does not list short-barreled rifles, but a semiautomatic centerfire rifle with an overall length under 30 inches is an assault weapon banned under 11 Del. C. 1465 and 1466.

Possessing a sawed-off shotgun (barrel under 18 inches or overall length under 26 inches) is a class E felony for civilians (11 Del. C. 1444); the Delaware DOJ states sawed-off shotguns are prohibited under all circumstances.