Delaware Gun Laws

DE
strict

Firearm Regulations

Assault Weapon Ban
Yes (since 2022)
Mag Capacity Limit
17 rounds
Permit to Purchase
Yes (handguns, since Nov 2025)
Firearm Registration
No
Concealed Carry
Shall Issue
Open Carry
Yes
Red Flag Law
Yes
Background Check (Private)
Yes
NFA Weapons
Machine guns/Suppressors banned
State Preemption
Yes

Key Notes

Assault weapon ban effective June 2022 covers named semi-auto rifles, shotguns, and pistols plus "copycat" weapons. Handgun purchase permit required since November 16, 2025.

  • •Yes (since 2022) Assault Weapon Ban — Named semi-auto rifles, shotguns, and pistols plus 'copycat' weapons are banned. Existing owners may keep pre-ban firearms.
  • •17 rounds (Mag Limit) — Magazines holding more than 17 rounds cannot be purchased, sold, or manufactured in Delaware.
  • •Yes (handguns, since Nov 2025) Permit to Purchase — Since November 16, 2025, a permit (training, live fire, fingerprints) is required to purchase handguns. Long gun purchases do not require a permit.
  • •Machine guns/Suppressors banned (NFA) — Machine guns and suppressors are prohibited. SBRs and SBS are legal under state law. Federally, ATF announced on October 9, 2026 that it would stop enforcing the National Firearms Act's approval, registration and tax stamp requirements for suppressors, short barreled rifles, short barreled shotguns and any other weapons (AOWs). This is an enforcement policy, not a change to the National Firearms Act; the law is still on the books and the policy can be reversed or challenged. Machine guns and destructive devices still need ATF approval.
  • •Shall Issue (Concealed Carry) — The state must issue a concealed carry permit if you meet the legal requirements. No discretion to deny qualified applicants.
  • •Yes (Red Flag Law) — Delaware has an Extreme Risk Protection Order allowing family and law enforcement to petition for temporary firearm removal.

Last updated October 10, 2026

How Delaware Law Affects Your Build

Plain-English implications for builders, derived from the regulations above.

Assault Weapon Restrictions Apply

Delaware restricts firearms classified as "assault weapons," and its law names the AR-15 and covers copies of it. A "featureless" configuration does not avoid a ban by name, so removing features does not make an AR-15 legal to buy or build in Delaware.

Magazine Capacity Limit in Effect

Delaware limits magazine capacity (17 rounds). Standard 30-round PMAGs and similar magazines may not be sold or imported in their factory configuration. Plan your build around pinned, welded, or reduced-capacity magazines.

NFA Restrictions Apply

Delaware restricts some or all NFA items (Machine guns/Suppressors banned). Suppressors, SBRs, or other regulated items may be banned under state law whatever ATF enforces federally. Verify before buying a 14.5" barrel or pinned muzzle device intended for SBR conversion. ATF announced on October 9, 2026 that it would stop enforcing the National Firearms Act's approval, registration and tax stamp requirements for suppressors, short barreled rifles, short barreled shotguns and any other weapons (AOWs). This is an enforcement policy, not a change to the National Firearms Act; the law is still on the books and the policy can be reversed or challenged. Some states only allow suppressors and SBRs that are federally registered or possessed in compliance with federal law. Check your state's statute before you buy.

Permit Required to Purchase

Delaware requires a permit, license, or other prerequisite before you can purchase a firearm (Yes (handguns, since Nov 2025)). Factor permit application time into your build timeline before ordering a complete lower or completed rifle.

Background Checks on Private Transfers

Delaware extends background-check requirements beyond licensed-dealer sales (Yes). Private transfers of complete firearms typically must run through an FFL.

Ready to spec a compliant build? Use the AR Builder to compare parts and live prices across retailers.

Delaware Gun Laws — Frequently Asked Questions

Is the AR-15 legal in Delaware?
Delaware has an assault weapon ban (Yes (since 2022)) that names the AR-15 and covers copies of it, so a "featureless" build does not make one legal. Read the statute and its grandfather terms against your own situation before purchasing.
What is the magazine capacity limit in Delaware?
17 rounds. Standard 30-round magazines may not be legal for sale; compliant magazines (or pinned/welded options) are required for new builds.
Does Delaware require a permit to buy a firearm?
Yes (handguns, since Nov 2025). A permit, license, or qualifying ID is required in Delaware before purchasing a firearm.
Can I conceal carry in Delaware?
Delaware concealed carry status: Shall Issue. The state must issue a permit to applicants who meet the qualifying criteria.
Is open carry legal in Delaware?
Delaware open carry: Yes. Local restrictions may still apply in cities, parks, schools, or government buildings.
Are suppressors and SBRs legal in Delaware?
NFA item status in Delaware: Machine guns/Suppressors banned. State law can restrict these items whatever ATF enforces federally. ATF announced on October 9, 2026 that it would stop enforcing the National Firearms Act's approval, registration and tax stamp requirements for suppressors, short barreled rifles, short barreled shotguns and any other weapons (AOWs). This is an enforcement policy, not a change to the National Firearms Act; the law is still on the books and the policy can be reversed or challenged. Some states only allow suppressors and SBRs that are federally registered or possessed in compliance with federal law. Check your state's statute before you buy.
Does Delaware require background checks for private sales?
Yes. Background-check requirements in Delaware extend beyond licensed-dealer sales — most private transfers must run through an FFL.

Sources & Further Reading

Verify current Delaware firearm law with these authoritative resources. Laws change — always confirm with primary sources before purchasing or carrying.

Traveling to Delaware with a gun?

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Legal Disclaimer: This page is for informational and educational purposes only and does not constitute legal advice. Firearm laws change frequently and vary by jurisdiction. Always verify current regulations with official state sources, a qualified attorney, or local law enforcement before making purchasing or carrying decisions. GunPartPicker is not responsible for errors, omissions, or actions taken based on this information.