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  1. #1
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    Delaware Gun Laws

    I was talking about this on another forum and found this info, thought I may as well post it here.

    I have not verified this info, anyone familiar with these laws take a quick gander to make sure they all look up to date.

    Caution: This summary is for general purposes only. Firearm laws frequently change and the following information may not reflect the current changes.
    State Requirements
    Rifles and Shotguns

    * Permit to purchase rifles and shotguns? No
    * Registration of rifles and shotguns? No
    * Licensing of owners of rifles and shotguns? No
    * Permit to carry rifles and shotguns? No

    Handguns

    * Permit to purchase handgun? No
    * Registration of handguns? No
    * Licensing of owners of handguns? No
    * Permit to carry handguns? No unless concealed.

    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.

    Prior to purchasing a firearm from a licensed dealer, a criminal history record check is required. Purchases of shotguns and antique firearms (or replicas of antiques) are exempted from the background check requirement, as are purchases by holders of valid concealed carry permits.

    Persons prohibited from possessing firearms are prohibited from purchasing firearms.
    Possession:

    There is no state licensing requirement for the possession of a rifle, shotgun, or handgun. No person may manufacture, sell, receive, or possess a sawed-off shotgun with one or more barrels of less than 18 inch in length, or an overall length of less than 26 inches.

    The following persons are prohibited from purchasing or possessing any firearm:

    * Convicted felons.

    * 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 for misdemeanors.

    * Those convicted of an offense involving a narcotic, dangerous drug, or controlled substance.

    * Those who have ever been committed to a mental institution, sanitarium or hospital for mental disorder and do not possess a certificate of rehabilitation.

    # Children under 16 years of age, unless under the direct supervision of an adult.

    # 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 a felony to knowingly give a firearm to a person prohibited from possessing a firearm. It is a felony to purchase a firearm on behalf of a person prohibited from possessing a firearm, or to purchase with the intent to transfer, give, or sell a firearm to a person prohibited from possessing it.

    * It is unlawful for a parent to permit his or her child under 16 years of age to possess a firearm (whether operable or inoperable) or air or BB gun except under the direct supervision of an adult.

    * It is a misdemeanor for anyone to possess any air gun or spring-fired gun firing or projecting anything larger than a BB shot.

    Carrying:

    * It is unlawful for any person except a law enforcement officer to carry any loaded or unloaded firearm concealed upon or about his person without a license to carry.

    * Handguns may be carried in open view, or in an inaccessible area like the trunk of an automobile.

    * Rifles and shotguns must be unloaded while being carried in or on any vehicle, 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 is valid for two years.

    * The applicant must supply a certificate signed by five "respectable" citizens of the district in which the applicant resides, stating 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, and that the carrying of a concealed deadly weapon by the applicant is necessary for his protection, property or both.

    * The certificate must be signed with the proper signatures and in the proper handwriting of each respectable citizen. The court, at its discretion, may approve the application.

    * A current holder of a license to carry, may, on or before the expiration date, without further application or additional requirements, renew license for a further period of three 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 possesses all the requirements for the issuance of a license.

    * A person may make license renewals every three years thereafter, however, the Superior Court upon good cause presented to it may deny it for good cause shown.

    Miscellaneous Provisions:

    * Municipal governments shall enact no law restricting or licensing ownership, transfer, possession, or transportation of firearms or ammunition.

    * It is a felony to knowingly transport or possess any firearm manufactured after 1973 on which the serial number has been altered or obliterated.

    * 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 obtained the firearm as the result of an unlawful entry by any person.

    3. Or the serious physical injuries or death to the minor or any other person resulted from a target or sport shooting accident or hunting accident.

  2. #2
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    Re: Delaware Gun Laws

    last gun i bought in De was registered with the FBI

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    Re: Delaware Gun Laws

    Quote Originally Posted by Naomi View Post
    last gun i bought in De was registered with the FBI
    That is a wide misconception. Neither the FBI, ATF or the State of DE require or take registration.

    You do have to fill out a Federal 4473 that has all of the information about the firearm, but that info states at the location of licensee until the business cis closed or the license is revoked. At that point BATF&E will colect and store information at the National Tracing Center, currently in WVA.
    Edit/Delete Message

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    Re: Delaware Gun Laws

    I did forget one thing. DE has exempted shotguns from background checks, except for the one with a pistol grip stock, which are treated same as long guns and handguns. No shotgun is exempt from the Federal check.
    Last edited by BillW; 07-23-2009 at 03:26 PM.

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    Re: Delaware Gun Laws

    Don't quote me but some concealed permits are valid across multiple states.

    I believe that a permit in Florida (which is easier to obtain than DE) is valid in DE but not the other way around.

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    Re: Delaware Gun Laws

    thought there was a provision that if your convicted of Domestic Violence you are to NEVER be allowed to even possess a firearm

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    Re: Delaware Gun Laws

    Quote Originally Posted by lewin View Post
    thought there was a provision that if your convicted of Domestic Violence you are to NEVER be allowed to even possess a firearm
    That is true of the Federal Background check, in fact you will not even be called in if you check yes. DE has records of that also and you will be denied.

    Is it March 20th yet?

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    Re: Delaware Gun Laws

    Quote Originally Posted by Chase View Post
    I was talking about this on another forum and found this info, thought I may as well post it here.

    I have not verified this info, anyone familiar with these laws take a quick gander to make sure they all look up to date.

    Caution: This summary is for general purposes only. Firearm laws frequently change and the following information may not reflect the current changes.
    State Requirements
    Rifles and Shotguns

    * Permit to purchase rifles and shotguns? No
    * Registration of rifles and shotguns? No
    * Licensing of owners of rifles and shotguns? No
    * Permit to carry rifles and shotguns? No

    Handguns

    * Permit to purchase handgun? No
    * Registration of handguns? No
    * Licensing of owners of handguns? No
    * Permit to carry handguns? No unless concealed.

    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.

    Prior to purchasing a firearm from a licensed dealer, a criminal history record check is required. Purchases of shotguns and antique firearms (or replicas of antiques) are exempted from the background check requirement, as are purchases by holders of valid concealed carry permits.

    Persons prohibited from possessing firearms are prohibited from purchasing firearms. or ammunition
    Possession:

    There is no state licensing requirement for the possession of a rifle, shotgun, or handgun. No person may manufacture, sell, receive, or possess a sawed-off shotgun with one or more barrels of less than 18 inch in length, or an overall length of less than 26 inches.

    The following persons are prohibited from purchasing or possessing any firearm: or ammunition or any deadly weapon for that matter

    * Convicted felons.

    * 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 for misdemeanors.

    * Those convicted of an offense involving a narcotic, dangerous drug, or controlled substance.

    * Those who have ever been committed to a mental institution, sanitarium or hospital for mental disorder and do not possess a certificate of rehabilitation. I don't think voluntary admissions count

    # Children under 16 years of age, unless under the direct supervision of an adult.

    # 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 a felony to knowingly give a firearm to a person prohibited from possessing a firearm. It is a felony to purchase a firearm on behalf of a person prohibited from possessing a firearm, or to purchase with the intent to transfer, give, or sell a firearm to a person prohibited from possessing it.

    * It is unlawful for a parent to permit his or her child under 16 years of age to possess a firearm (whether operable or inoperable) or air or BB gun except under the direct supervision of an adult.

    * It is a misdemeanor for anyone to possess any air gun or spring-fired gun firing or projecting anything larger than a BB shot.

    Carrying:

    * It is unlawful for any person except a law enforcement officer to carry any loaded or unloaded firearm concealed upon or about his person without a license to carry.

    * Handguns may be carried in open view, or in an inaccessible area like the trunk of an automobile. Open view, expect to be stopped and questioned

    * Rifles and shotguns must be unloaded while being carried in or on any vehicle, 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 is valid for two years.

    * The applicant must supply a certificate signed by five "respectable" citizens of the district in which the applicant resides, stating 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, and that the carrying of a concealed deadly weapon by the applicant is necessary for his protection, property or both. Family members don't count

    * The certificate must be signed with the proper signatures and in the proper handwriting of each respectable citizen. The court, at its discretion, may approve the application.

    * A Complete criminal background check will be conducted, you will be fingerprinted and must take an acceptable firearms safety course, and run an advertisement in a paper of record where you reside

    * A current holder of a license to carry, may, on or before the expiration date, without further application or additional requirements, renew license for a further period of three 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 possesses all the requirements for the issuance of a license.

    * A person may make license renewals every three years thereafter, however, the Superior Court upon good cause presented to it may deny it for good cause shown.

    Note: If you do not renew before expiration you will be requirde to gfo through all of the original requirements again.

    Miscellaneous Provisions:

    * Municipal governments shall enact no law restricting or licensing ownership, transfer, possession, or transportation of firearms or ammunition.

    * It is a felony to knowingly transport or possess any firearm manufactured after 1973 on which the serial number has been altered or obliterated.

    * 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 obtained the firearm as the result of an unlawful entry by any person.

    3. Or the serious physical injuries or death to the minor or any other person resulted from a target or sport shooting accident or hunting accident.
    I added some points in red.

    Is it March 20th yet?

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    Re: Delaware Gun Laws

    about the ammunition has got to be false. anyone over the age of 18 can buy ammunition. they only check your ID to ensure your age



    oh btw

    Muzzleloaders are not checked threw state NOR federal level. you can buy one and walk out without wait

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    Re: Delaware Gun Laws

    Quote Originally Posted by lewin View Post
    about the ammunition has got to be false. anyone over the age of 18 can buy ammunition. they only check your ID to ensure your age



    oh btw

    Muzzleloaders are not checked threw state NOR federal level. you can buy one and walk out without wait
    Wrong. Anyone convicted of a felony in DE is subject to arrest and imprisonment if caught with ammunition or a "deadly weapon" in this state. While some muzzle loaders are not considered firearms by the Fed or State they are considered deadly weapons by the state. Not all muzzle loaders are exempt from the NICS or state check.

    They can purchase ammunition but they are in violation of the law.
    Last edited by BillW; 07-23-2009 at 03:29 PM.

    Is it March 20th yet?

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    Re: Delaware Gun Laws

    Quote Originally Posted by BillW View Post
    Wrong. Anyone convicted of a felony in DE is subject to arrest and imprisonment if caught with ammunition or a "deadly weapon" in this state. While some muzzle loaders are not considered firearms by the Fed or State they are considered deadly weapons by the state. Not all muzzle loaders are exempt from the NICS or state check.
    the only muzzleloader i know of that requires a clean FFL check is the Thompson Center Encore due to its ability to interchange barrels to MANY different guns.

    I know someone who was arrested last year for having a gun by person prohibited and they did not get any charges for ammunition. only for the guns

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    Re: Delaware Gun Laws

    Quote Originally Posted by lewin View Post
    the only muzzleloader i know of that requires a clean FFL check is the Thompson Center Encore due to its ability to interchange barrels to MANY different guns.

    I know someone who was arrested last year for having a gun by person prohibited and they did not get any charges for ammunition. only for the guns
    The TC Encore is as you stated not exempt. They probably didn't file for the ammunition as thr firearms possession was enough.

    ======================================

    Section 1448 of Title 18 of the Delaware Code prohibits persons convicted of specified criminal offenses from procuring or possessing a deadly weapon(4) or ammunition for a firearm within the State.(5) These "persons prohibited" include those convicted of felonies; crimes of violence involving physical injury to another; possession, use or sale of controlled substances; and, misdemeanor domestic violence. A violation of this statue resulting from possession of a firearm or ammunition carries criminal punishment of up to 8 years in prison. 11 Del.C. § 1448(c); 11 Del.C. § 4205(b)(4).

    Is it March 20th yet?

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    Re: Delaware Gun Laws

    Its all good information and thanks BillW for the additional insight.

    I've never had a problem purchasing (or selling) a firearm (handgun, rifle, shotgun) from a licensed dealer.

    Now, the guy on New Castle Ave that sells them out of the trunk of his car, that's another story.
    Drinking alcohol in Kentucky is considered being "sober" until you cannot hold on to the ground.

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    Re: Delaware Gun Laws

    I'm going to leave this thread alone, you people gave me a headache

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    Question Re: Delaware Gun Laws

    Just a new question...Last winter during one of the heavy snow storms I needed some 'space' because of my wife being a PITA...I went out for a drive-after having written a note leaving everything to her. Who knows, I could have been killed in an accident. I come home and she had called the police because she was 'afraid' for my safety...Yeah, right! They took me to Christiana to make sure I was 'safe' and called her asking if she wanted me back home and she said, "Yes. He's no threat and I would like him brought home." Well, did they? NOPE! Sent me to Rockhill for 'observation'. I was there for ~5days before they let me go.

    I recently tried buying a 22 calibre rifle through a dealer and the Federal paperwork went through fine...The state of DE refused it. The dealer gave me a number for the DE state police and when I contacted them I was informed that "The state of DE is 'different'...Since you were admitted to Rockhill you have to get a statement from you psychologist/psychiatrist stating your cured/ok now." I did and sent it in and now I'm waiting for the state to 'clear' me...How long does that take and can my DE 2nd ammendment rights be permenantly revoked?

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    Re: Delaware Gun Laws

    Quote Originally Posted by Otter View Post
    Sent me to Rockhill for 'observation'. I was there for ~5days before they let me go.
    Umm, I think you meant the Rockford Center. If you were sent there from the hospital for 5 days then the situation might have been a little more serious than you being pissed off at your wife. No disrespect intended but you might want to wait a little longer before purchasing a weapon.
    Gott weiẞ ich will kein Engel sein.

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