DE: State Firearms Laws

DELAWARE
(As of August, 1995)

PLEASE NOTE: In addition to state laws, the purchase, sale
and (in certain circumstances) the possession and interstate
transportation of firearms is regulated by the Gun Control
Act of 1968 as amended by the Firearms Owners' Protection
Act. Also, cities and localities may have their own firearms
ordinances in addition to federal and state laws. Details
may be obtained by contacting local law enforcement
authorities, and by consulting the State Laws and Published
Ordinances_Firearms, available from the U.S. Government
Printing Office, Washington, D.C. 20402. 


QUICK REFERENCE CHART

                    Rifles and     Handguns
                    Shotguns
Permit to Purchase  NO             NO
Registration        NO             NO
Licensing of Owner  NO             NO
Permit to Carry     NO             NO*

* To carry concealed, a license is required.

STATE CONSTITUTIONAL PROVISION

"A person has the right to keep and bear arms for the defense of
self, family, home and state, and for hunting and recreational
use." Article 1, Section 20.

POSSESSION

     There is no state licensing requirement for the possession
of a rifle, shotgun, or handgun.
The following persons are prohibited from possessing any firearm:
1.   Convicted felons.
2.   Those convicted of a crime of violence involving bodily
injury to another, including misdemeanors, but the prohibition
shall not apply after five years from the date of conviction.
3.   Those convicted of an offense involving a narcotic,
dangerous drug, or controlled substance.
4.   Those committed to a mental institution, sanitarium or
hospital for mental disorder and do not possess a certificate of
rehabilitation.
5.   Children under 16 years of age, unless under the direct
supervision of an adult.
6.   A person adjudicated as delinquent for conduct which, if
committed by an adult, would constitute a felony, unless and
until that person has reached age 25.
     It is unlawful for a parent to permit his child under 16
years of age to possess a firearm* or air or BB gun except under
the direct supervision of an adult.

PURCHASE

     No permit is required to purchase a rifle, shotgun, or
handgun. Purchasers of rifles and shotguns must be 18 years old.
Handgun purchasers must be 21 years old. 
     A criminal history record information check is required
prior to purchasing from a gun dealer any firearm, except for a
shotgun, an antique or a replica of an antique firearm. Persons
exempt from the instant check are holders of a valid concealed
firearm license and law enforcement officers.
     The following persons are prohibited from purchasing any
firearm:  See possession.
     Any dealer who transfers firearms between private parties
may charge a reasonable fee not to exceed $20.00 to cover the
cost of the check. 
     It is unlawful to transfer to a person under 18 any firearm
or ammunition without permission from a parent or guardian.

CARRYING

     It is unlawful for any person to carry any loaded or
unloaded firearm concealed upon or about his person without a
license to carry. Police officers are exempt from this provision.
Handguns may be carried in open view, or they may be carried in
an inaccessible area like the trunk of an automobile. Rifles and
shotguns must be unloaded while being carried in or on any
vehicle, piece of farm machinery, motorboat while under power, or
sailboat while under power.
     Application for a license to carry must be filed with the
Prothonotary of the Superior Court in the county of residence at
least 15 days before the then next term of court.  The initial
license shall be valid for two years.
     The applicant must supply a certificate of 5 "respectable"
citizens of the election district in which the applicant resides.
The certificate must clearly state that the applicant is a person
of "full age (21), sobriety and good moral character, that he
bears a good reputation for peace and good order in the community
in which he resides, and that the carrying of a concealed deadly
weapon by the applicant is necessary for the protection of the
applicant or his property or both." The certificate must be
signed with the proper signatures and in the proper handwriting
of each respectable citizen. The court in its discretion may
approve the application. The licensing provisions do not apply to
the carrying of the usual weapons by the police or other peace
officers.
     The Prothonotary of the county shall publish in a newspaper
of general circulation at least 10 days before the next term a
list of those applicants.
     The applicant must pay a $34.50 application fee plus all
taxes for the license as well as the cost of advertising the
notice. Renewals are $34.50.
     A current holder of a license to carry, may, on or before
the expiration date, without further application, or additional
requirements, renew his license for a further period of 3 years
by paying to the Prothonotary the license tax and fee, and upon
filing with the Prothonotary an affidavit setting forth that the
carrying of a concealed deadly weapon is necessary for the
protection of himself or his property, or both, and that he
possesses all the requirements for the issuance of a license. He
may make like license renewals every 3 years thereafter, however,
the Superior Court upon good cause presented to it may inquire
into the renewal request and deny it for good cause shown.

ANTIQUES AND REPLICAS

     Any firearm manufactured before 1899 or any replica of such
firearm that does not fire fixed ammunition or uses fixed
ammunition no longer manufactured in the U.S. and which is no
longer readily available in the ordinary channels of commercial
is exempt from the instant check for purchasers. However, it is a
firearm for all other purposes.

MACHINE GUNS

     Persons may possess machine guns for scientific or
experimental research and development purposes provided such
machine guns have been registered under the provisions of the
National Firearms Act.
     The provisions on machine guns do not apply to members of
the military forces or to members of a police force in Delaware
duly authorized to carry a machine gun.

MISCELLANEOUS PROVISIONS

     Anyone possessing a weapon during the commission of a felony
upon conviction will not be subject to suspension of sentence and
will not be eligible for probation or parole during the period of
the sentence imposed. This also applies to lesser included
offenses of a like nature. Everyone charged under this provision
over the age of 16 will be tried as an adult.
     Municipal governments shall enact no law restricting or
licensing ownership, transfer, possession, or transportation of
firearms or ammunition after July 4,1985.
     It is unlawful to shoot across a road or within 15 yards of
a road, or within 100 yards of an occupied building or barn or
"other building used in connection therewith."
     It is unlawful to recklessly or negligently leave a loaded
firearm within the reach or easy access of a person under 18 and
where such person obtains the firearm and uses it to inflict
serious physical injury or death upon himself or any other
person.  However, it is an affirmative defense that:  (1)  the
firearm was stored in a locked box or container or in a location
which a reasonable person would have believed to be secure from
access to a minor;  (2) the minor obtains the firearm as the
result of an unlawful entry by any person; or (3) the serious
physical injuries or death to the minor or any other person
results from a target or sport shooting accident or hunting
accident.


SOURCES: Del. Code, Ann. 7-709, 7-726, 7-730, 11-222,11-1441 et
seq., 22-838, 24-901, et seq. 


CAUTION: State firearms laws are subject to frequent change.
The above summary is not to be considered as legal advice or
a restatement of law. To determine the applicability of
these laws to specific situations which you may encounter,
you are strongly urged to consult a local attorney.

Compiled by:
NRA Institute for Legislative Action
11250 Waples Mill Road
Fairfax, Virginia  22030
1995, NRA Institute for Legislative Action

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Association Institute for Legislative Action, Fairfax, VA.

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