Delaware State Court
Statutes on License to Carry
Delaware Concealed Carry Application Site
Application Instructions for Concealed Carry License
Superior Court Reference Questionnaire
State Services and Information
Delaware Administrative Code
Concealed Weapon Reciprocity
Delaware Attorney General
Dept. of State

The following state’s permits will be honored by Delaware: Alaska, Kentucky, North Dakota, Utah, Arkansas, Maine, Ohio, West Virginia, Arizona, Michigan, Oklahoma, Colorado, Missouri, Tennessee, Florida, North Carolina, and Texas.

Note – there have been many confusing pieces of information on the Attorney General website for Delaware on whether or not they honor the permits from certain states or that there were no reciprocity agreements. The consensus is that the website contains inaccurate information and that it continues to be contain inconsistencies.

Delaware reciprocity agreements and the states that it honors.

Title 11 Chapter 5 Subchapter VII § 1441. License to Carry Concealed Deadly Weapons. (j) Notwithstanding any other provision of this Code to the contrary, the State of Delaware shall give full faith and credit and shall otherwise honor and give full force and effect to all licenses/permits issued to the citizens of other states where those issuing states also give full faith and credit and otherwise honor the licenses issued by the State of Delaware pursuant to this section and where those licenses/permits are issued by authority pursuant to state law and which afford a reasonably similar degree of protection as is provided by licensure in Delaware. For the purpose of this subsection “reasonably similar” does not preclude alternative or differing provisions nor a different source and process by which eligibility is determined. Notwithstanding the forgoing, if there is evidence of a pattern of issuing licenses/permits to convicted felons in another state, the Attorney General shall not include that state under the exception contained in this subsection even if the law of that state is determined to be “reasonably similar.” The Attorney General shall Links State CCW Site DE License to Carry Statutes CCW Application Application Instructions State Ref. Questionnaire State Statutes State Admin Rules State Reciprocity Info State Attorney General Secretary of State Last Updated: 3/1/15 www.handgunlaw.us 2 communicate the provisions of this section to the Attorneys General of the several states and shall determine those states whose licensing/permit systems qualify for recognition under this section. The Attorney General shall publish on January 15th of each year a list of all States which have qualified for reciprocity under this subsection. Such list shall be valid for one year and any removal of a State from the list shall not occur without 1 year’s notice of such impending removal. Such list shall be made readily available to all State and local law-enforcement agencies within the State as well as to all then-current holders of licenses issued by the State of Delaware pursuant to this Section.

Below are instructions for applying for a new License to Carry a Concealed Deadly Weapon for residents of Delaware:

To process an application for a license in the State of Delaware you must follow the following steps:

1. The application for a license to carry concealed must be published in your local newspaper within your county of residence a minimum of ten days prior to submitting the application to the court. The newspaper must provide an affidavit that the requirement for publication. Note that when you are selecting a newspaper it must have a minimum circulation of 35% of the population within your zip code of residence. The publication must include your full legal name and your home address to be accepted.
2. Obtain a set of fingerprints within 45 days of when the application will be submitted. An appointment is required to have fingerprints completed and they can only be made on Tuesday or Thursday from noon to 6:30 pm. The number for fingerprinting appointments is 302 739-2528. When you make the appointment they will provide you with an address for where you must report for fingerprinting with the Delaware State Police Troop. Additionally, verify the method of payment when the interview is being scheduled.
3. Complete five citizen reference questionnaires using people you know within your county of residence.
4. Have the application notarized once it is completed.
5. Include two photographs that are 1 ½ x 1 ½ and in color taken within 6 months of when the application submitted.
6. Submit the filing fee of $65.00 using cash, money order or personal check. Check should be made out to PROTHONOTARY.
7. There is no specific time for filing an application allowing applicants to file a new application at any time. When filing an application a complete copy of the application must also be filed at that time. The application can be hand delivered to the Prothonotary’s Office when all of the requirements have been met or the application can be mailed to: New Castle County, New Castle County Prothonotary Office, CCDW Permit, 500 N. King Street, Suite 1500, Wilmington, DE 19801-3704 or for Kent County, Kent County Prothonotary Office, 38 The Green, Dover DE 19901 and for Sussex County, Sussex County Prothonotary Office, 1 The Circle, Suite 2, Georgetown, DE 19947.

During the application process applicants may be contacted by the Attorney General for an interview.

If there are questions during the application process try these numbers:

New Castle County 302 255 0690

Kent County 302 739 3184

Sussex County 302 854 6959

After the application has been reviewed you will receive a written notice of whether the application was approved or denied. Once the application is approved you must complete an approved gun course that meets the requirements outlined here. When the course is completed a signed and notarized certification of completion must be provided for the training course. If the course has not be completed within 90 days of the application approval you must submit proof that you enrolled in the training class.

If the completion certificate or proof of enrollment are not filed within the 90 day window of receipt of the approval it is assumed the applicant no longer wishes to obtain the permit and the entire process must be restarted.

There are specific requirements for retired law officers that are outlined at this link.

Below are the requirements for non-resident permits:

Title 11 Chapter 5 Subsection VII 1441. License to carry concealed deadly weapons.

(k) The Attorney General shall have the discretion to issue, on a limited basis, a temporary license to carry concealed a deadly weapon to any individual who is not a resident of this State and whom the Attorney General determines has a short-term need to carry such a weapon within this State in conjunction with that individual’s employment for the protection of person or property. Said temporary license shall automatically expire 30 days from the date of issuance and shall not be subject to renewal, and must be carried at all times while within the State. However, nothing contained herein shall prohibit the issuance of a 2nd or subsequent temporary license. The Attorney General shall have the authority to promulgate and enforce such regulations as may be necessary for the administration of such temporary licenses. No individual shall be issued more than 3 temporary licenses.

(l) All applications for a temporary license to carry a concealed deadly weapon made pursuant to subsection (k) of this section shall be in writing and shall bear a notice stating that false statements therein are punishable by law.

The following locations are off limits for carrying a firearm: federal buildings, state approved “SLOTS”, casinos within the State of Delaware and courthouses, police stations, prisons and detention facilities per Title 11 1256 & 1258, State and National forests, Wildlife Management areas and State Parks.

State Admin Rules
Title 14 Education
1100 Transportation
1105 School Transportation

9.15 Weapons of Any Kind Are Not Permitted On A School Bus.
Title 3 Agriculture
400 Forest Service
402 State Forest Regulations

8.0 Hunting Rules and Regulations 8.8 Target shooting is prohibited. Firearms are allowed for legal hunting only and are otherwise prohibited on State Forest lands.

Title 7 Natural Resources and Environmental Control 3000 Division of Fish and Wildlife 3900 Wildlife 8.0 General Rules and Regulations Governing Land and Waters Administered by the Division

8.3.4 Firearms on Division Areas.
8.3.4.1 It shall be unlawful for any person to possess a firearm on lands or waters administered by the Division from March 1 through August 31, except as authorized by the Director in writing. 8.3.4.2 It shall be unlawful for any person to possess a rifled firearm of any description at any time on those lands bordering the Chesapeake and Delaware Canal and licensed to the Department by the Government of the United States for wildlife management purposes, except that muzzleloaders and shotguns with rifle barrels may be used during deer seasons when it is lawful to use those firearms. 8.3.4.3 It shall be unlawful for any person to discharge any firearm on lands or waters administered by the Division on Sunday, except in areas designated by the Director or with a permit from the Director.
8.3.4.4 It shall be unlawful for any person to discharge any firearm on lands or waters administered by the Division for any purpose, including target shooting, other than to hunt during an open season, under conditions approved by the Director and specified on the current wildlife area map.
8.3.5 Dikes. It shall be unlawful for any person to be in possession of any firearm on any dike administered by the Division, unless such person is temporarily crossing a dike at a ninety degree angle or traversing a dike to reach a Division authorized deer stand location during a deer firearms hunting season. Dover (Dover has this ordinance about carrying in city parks. All that I am hearing is this ordinance was Grandfathered and is in effect. Use Caution. )

Sec. 74-24. – Dangerous weapons. Carrying or possessing, while in any area covered by this chapter, a gun, air gun, bow and arrow, sling, dart, projectile thrower, knife with a blade more than three inches long, or any other dangerous weapon is www.handgunlaw.us 5 prohibited, and nothing in this section shall be construed so as to prevent the use of target ranges, and the use of bows and arrows by park visitors on officially established archery ranges.

“No Gun Signs” do not have the force of law within the State of Delaware unless the sign is posted in a location that is explicitly outlined by law. There is always the possibility that law enforcement may be called if you have been noticed or been asked to leave.

If you are stopped by law enforcement you are not obligated by law to tell the officer that you are carrying.

Title 11
Chapter 19.
Subchapter I

§ 1902. Questioning and Detaining Suspects. (a) A peace officer may stop any person abroad, or in a public place, who the officer has reasonable ground to suspect is committing, has committed or is about to commit a crime, and may demand the person’s name, address, business abroad and destination. (b) Any person so questioned who fails to give identification or explain the person’s actions to the satisfaction of the officer may be detained and further questioned and investigated. (c) The total period of detention provided for by this section shall not exceed 2 hours. The detention is not an arrest and shall not be recorded as an arrest in any official record. At the end of the detention the person so detained shall be released or be arrested and charged with a crime. Code 1935, § 5343-B; 48 Del. Laws, c. 304; 11 Del. C. 1953, § 1902; 56 Del. Laws, c. 152, § 1; 70 Del. Laws, c. 186, § 1.;

§ 1903. Searching Questioned Person for Weapon. A peace officer may search for a dangerous weapon any person whom the officer has stopped or detained to question as provided in § 1902 of this title, whenever the officer has reasonable ground to believe that the officer is in danger if the person possesses a dangerous weapon. If the officer finds a weapon, the officer may take and keep it until the completion of the questioning, when the officer shall either return it or arrest the www.handgunlaw.us 6 person. The arrest may be for the illegal possession of the weapon.

Carrying is not allowed in State Parks, State and National Forests or State WMAs. Carrying is allowed in road side rest areas.

Note on carrying within a vehicle but it must be located on the seat or the dashboard of the vehicle in plain sight, not in the glove box or console.

Title 11
Crimes and Criminal Procedure
Delaware Criminal

Code Chapter 5. Specific Offenses Subchapter VII. Offenses Against Public Health, Order and Decency Subpart A. Riot, Disorderly Conduct and Related Offenses

§ 1442 Carrying a concealed deadly weapon; class G felony; class D felony. A person is guilty of carrying a concealed deadly weapon when the person carries concealed a deadly weapon upon or about the person without a license to do so as provided by § 1441 of this title. Carrying a concealed deadly weapon is a class G felony, unless the deadly weapon is a firearm, in which case it is a class D felony. It shall be a defense that the defendant has been issued an otherwise valid license to carry a concealed deadly weapon pursuant to terms of § 1441 of this title, where: (1) The license has expired, (2) The person had applied for renewal of said license within the allotted time frame prior to expiration of the license, and (3) The offense is alleged to have occurred while the application for renewal of said license was pending before the court.

§ 1443. Carrying a Concealed Dangerous Instrument; Class a Misdemeanor. (a) A person is guilty of carrying a concealed dangerous instrument when the person carries concealed a dangerous instrument upon or about the person. (b) It shall be a defense that the defendant was carrying the concealed dangerous instrument for a specific lawful purpose and that the defendant had no intention of causing any physical injury or threatening the same. www.handgunlaw.us 7 (c) For the purposes of this section, disabling chemical spray, as defined in § 222 of this title, shall not be considered to be a dangerous instrument. (d) Carrying a concealed dangerous instrument is a class A misdemeanor.

The State of Delaware does allow for open carry but it is not commonly done within the state. There are numerous places listed as off limits for anyone who chooses to open carry within the state. If you choose to open carry you must be a minimum of 18 years of age. There are local ordinances that limit the carrying of firearms within the state.

Title 22: Chpt. 8: Subchpt. VI: § 835. Amendments Prohibited.

(6) Prohibit, restrict or license ownership, transfer, possession or transportation of firearms or components of firearms or ammunition, except that the discharge of a firearm may be regulated; provided that any regulation or ordinance incorporates the justification defenses as found in Title 11 of the Delaware Code. Nothing contained herein shall be construed to invalidate existing municipal ordinances. L

Title 11. Crimes and Criminal Procedure
Part 1. Delaware Criminal Code.
Chapter 4. Defenses to Criminal Liability

§ 461. Justification – A defense. § 462. Same – Execution of public duty. § 463. Justification – Choice of evils. § 464. Justification – Use of force in self-protection. § 465. Same – Use of force for the protection of other persons. § 466. Same – Use of force for the protection of property. § 467. Same – Use of force in law enforcement. § 468. Same – Use of force by persons with special responsibility for care, discipline or safety of others. § 469. Justification – Person unlawfully in dwelling. § 470. Provisions generally applicable to justification. § 471. Definitions relating to justification. § 475. Immunity as an affirmative defense.

Check with the state laws regarding whether carrying knives is allowed in certain areas.

It is permitted for permit holders to carry in restaurants where alcohol was served.

New Castle County, DE

Sec. 22.03.009. – Stun Guns and Taser Guns.

A. It shall be unlawful for any person to manufacture, make, deliver, transport, trade, give, sell, purchase or possess a stun gun or taser gun.

B. The term “stun gun,” as used in this Section, means any battery-powered, pulsed electrical device of high voltage and low or no amperage which, when pressed against a person, can disrupt the central nervous system and cause temporary loss of voluntary muscle control of such person.

C. The term “taser gun,” as used in this Section, means any device contained in a package which permits it to be hand held, containing an electrical supply unit, and into which an expendable plastic cassette may be inserted and which operates by shooting or projecting a ball, net or dart carrying fine wires from the package to the target and which, upon hitting a person, can send out current capable of disrupting the person’s nervous system in such a manner as to render the person incapable of functioning normally.

D. Exempt from this Section shall be any law enforcement officer while performing his or her lawful duties within this County and those selling to any law enforcement officer while performing his or her lawful duties within this County.

E. A conviction of violation of this Section shall be punishable as provided in Section 1.01.009 of this Code. (Ord. No. 98-050, § 1(22-69), 5-26-1998)

Wilmington, DE

Sec. 36-161. – Stun Guns, etc.

(a) It shall be unlawful for any person to manufacture, make, deliver, transport, trade, give, sell, or possess a converted tear gas gun, stun gun or taser gun.
(b) The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: www.handgunlaw.us 9 (1) Converted tear gas gun means a tear gas gun which has been altered to fire a projectile with sufficient force to cause death or physical injury.
(2) Stun gun means any battery-powered, pulsed electrical device of high voltage and low or no amperage which, when pressed against a person, can disrupt the central nervous system and cause temporary loss of voluntary muscle control of such person.
(3) Taser gun means any device contained in a package which permits it to be handheld, containing an electrical supply unit, and into which an expendable plastic cassette may be inserted and which operates by shooting or projecting a ball, net, or dart carrying fine wires from the package to the target and which, upon hitting a person can send out current capable of disrupting the person’s nervous system in such a manner as to render the person incapable of functioning normally.
(c) Any law enforcement officer while performing his lawful duties within the city shall be exempted from the effect of this section. For purposes of this section, the term “law enforcement officer” shall include police officers, the attorney general, the attorney general’s deputies and investigators, the sheriff, and the sheriff’s deputies, prison guards, constables and bailiffs.
(d) A conviction of violation of this section shall be punishable by a fine of not less than $500.00 and not more than $2,500.00 or by both such fine and imprisonment not exceeding six months. The minimum sentence of $500.00 fine shall not be subject to suspension or reduction for any reason.

Newark, Delaware

Sec. 31-5. – Stun Guns and Taser Guns.

(a) It shall be unlawful for any person within the limits of the city to possess, wear, carry or knowingly transport a stun gun or taser gun.
(b) The term “stun gun,” as used in this section, means any battery-powered, pulsed electrical device of high voltage and low or no amperage which, when pressed against a person, can disrupt the central nervous system and cause temporary loss of voluntary muscle control of such person.
(c) The term “taser gun,” as used in this section, means any device contained in a package which permits it to be hand held, containing an electrical supply unit, and into which an expendable plastic cassette may be inserted and which operates by shooting or projecting a ball, net or dart carrying fine wires from the package to the target and which, upon hitting a person, can send out current capable of disrupting the person’s nervous system in such a manner as to render the person incapable of functioning normally.
(d) This section shall not apply to any law enforcement officer while performing his or her lawful duties within the city.
(e) This section shall not apply to any person who possesses, wears, carries or transports a stun gun or taser gun on real estate that the person owns or leases or where the person resides or within the confines of a business establishment that the person owns or leases.

State of Delaware LEOSA Information

Department of Corrections LEOSA Policy

Additional information for carrying in the State of Delaware:

There is no specific information for carrying within an airport or for how long training is good for after completion.

Applicants must reside in the jurisdiction where they apply for a permit.

Permit and licensing is not considered public information per Title 11 Chpt 5 subchpt. VII Subpart A – 1441 (b) The Prothonotary of the county in which any applicant for a license files the same shall cause notice of every such application to be published once, at least 10 days before the next term of the Superior Court. The publication shall be made in a newspaper of general circulation published in the county. In making such publication it shall be sufficient for the Prothonotary to do the same as a list in alphabetical form stating therein simply the name and residence of each applicant respectively.

State reciprocity guidelines are included in statute 1441

Firearms laws are included in statutes 11-5-VII-1441 to 1459

Deadly force laws are outlined in 11-4-461 to 475

Knife laws are outlined in 11-2-222

Chemical and electrical weapons laws are in 11-5-VII-1443

Body armor is covered in section 11-5-VII-1449

Permits cover more than just firearms and are covered in Title 11 1441

Firearms are permitted when hunting for defensive purposes but not while hunting with a bow. A handgun can be used for hunting purposes.

Additional definitions and clarifications:

TITLE 7 Conservation Game, Wildlife and Dogs

Chapter 7. Regulations and Prohibitions Concerning Game And Fish www.handgunlaw.us 11 Subchapter I. General Provisions

§ 708. Loaded Firearms Prohibited in or on Motor Vehicles, Motorboats or Farm Machinery. No person shall have a loaded shotgun or rifle in that person’s possession in, against or on any automobile, other vehicle, any piece of farm machinery, motorboat while under power, sailboat while under power, or have any ammunition in the magazine or chamber of such shotgun or rifle except when it is otherwise lawful to hunt crippled migratory birds from a motorboat as permitted by federal law.

State Emergency Powers

Title 20 Chapter 31. Subchapter III. § 3115.

§ 3116. Powers.

The Governor may issue separate levels of driving restrictions throughout the State based on the severity of conditions in any given area within the State; and (13) Take such other actions as the Governor reasonably believes necessary to help maintain life, health, property or public peace. (c) During an emergency or disaster: (1) Nothing contained in this section shall be construed as granting the power to suspend or limit the right of law abiding citizens to keep and bear arms for defense of self, family, home and State as guaranteed by Article I, § 20 of the Delaware Constitution; and (2) Nothing contained in this section shall prevent law-abiding citizens, during such emergency or disaster, from taking reasonable steps to safeguard their arms from destruction, looting or theft, including but not limited to their removal of such items from areas of danger to locations of relative safety.

In the State of Delaware you must be a minimum of 18 years of age per Title 11, Chapter 5 Subchapter VII, Subpart A, § 1445.

18 years of age is the minimum age for possessing and transporting a handgun that is unloaded and secured in a vehicle without a permit.

Note some states require identification cards or registration for firearms.

There are different requirements in different states which will outline where you can carry and transport including shooting ranges, gun stores and other locations where firearms are permitted. Check the specific requirements where you are traveling for better guidelines.

6/8/15 – Initial page created.