Is the AR-15 legal in Delaware?

Delaware has an assault weapon ban (Yes (since 2022)). Standard AR-15 configurations are restricted, but compliant "featureless" or otherwise-modified builds are typically legal. Always verify your specific configuration against current Delaware statute 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, 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. Some federally-regulated items may be restricted at the state level even with a federal tax stamp.

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.

All States

Delaware Gun Laws

strict

Firearm Regulations

Assault Weapon Ban

Yes (since 2022)

Mag Capacity Limit

17 rounds

Permit to Purchase

Yes (handguns, Nov 2025)

Firearm Registration

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 law takes effect November 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, Nov 2025) Permit to Purchase — Starting November 2025, a permit will be required to purchase handguns. Long gun purchases currently do not require a permit.
•Machine guns/Suppressors banned (NFA) — Machine guns and suppressors are prohibited. SBRs and SBS are legal with the federal tax stamp.
•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 January 15, 2026

How Delaware Law Affects Your AR-15 Build

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

Assault Weapon Restrictions Apply

Delaware restricts firearms classified as "assault weapons." Standard AR-15 configurations with features like a pistol grip combined with a collapsible stock, threaded barrel, or flash hider may not be sold or transferred in their off-the-shelf form. Many Delaware builders run "featureless" configurations to remain compliant.

NFA Restrictions Apply

Delaware restricts some or all NFA items (Machine guns/Suppressors banned). Suppressors, SBRs, or other regulated items may not be available even with a federal tax stamp. Verify before buying a 14.5" barrel or pinned muzzle device intended for SBR conversion.

Permit Required to Purchase

Delaware requires a permit, license, or other prerequisite before you can purchase a firearm (Yes (handguns, 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)). Standard AR-15 configurations are restricted, but compliant "featureless" or otherwise-modified builds are typically legal. Always verify your specific configuration against current Delaware statute 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, 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. Some federally-regulated items may be restricted at the state level even with a federal tax stamp.
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.

Giffords Law Center — comprehensive state-by-state firearm law summaries and policy analysis.
NRA-ILA State Gun Laws — state directory with statute references and recent legislative updates.
Everytown Research State Rankings — research-driven scoring and policy explanations across all 50 states.
ATF Firearms — federal regulations on NFA items, FFL transfers, and firearm classifications.

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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.