Delaware

Carrying a concealed deadly weapon

(a) 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.

(b) 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.

(c) 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.

(d) It shall be a defense that the defendant complied with § 1456(b).

Del. Code tit. 11 § 1442

License to carry concealed deadly weapons

(a) A person of full age and good moral character desiring to be licensed to carry a concealed deadly weapon for personal protection or the protection of the person's property may be licensed to do so when the following conditions have been strictly complied with:

• (1) The person shall make application therefor in writing and file the same with the Prothonotary of the proper county, at least 15 days before the then next term of the Superior Court, clearly stating that the person is of full age and that the person is desirous of being licensed to carry a concealed deadly weapon for personal protection or protection of the person's property, or both, and also stating the person's residence and occupation. The person shall submit together with such application all information necessary to conduct a criminal history background check. The Superior Court may conduct a criminal history background check pursuant to the procedures set forth in Chapter 85 of Title 11 for the purposes of licensing any person pursuant to this section.
• (2) At the same time the person shall file, with the Prothonotary, a certificate of 5 respectable citizens of the county in which the applicant resides at the time of filing the application. The certificate shall clearly state that the applicant is a person of full age, sobriety and good moral character, that the applicant bears a good reputation for peace and good order in the community in which the applicant resides, and that the carrying of a concealed deadly weapon by the applicant is necessary for the protection of the applicant or the applicant's property, or both. The certificate shall be signed with the proper signatures and in the proper handwriting of each such respectable citizen.
• (3) Every such applicant shall file in the office of the Prothonotary of the proper county the application verified by oath or affirmation in writing taken before an officer authorized by the laws of this State to administer the same, and shall under such verification state that the applicant's certificate and recommendation were read to or by the signers thereof and that the signatures thereto are in the proper and genuine handwriting of each. Prior to the issuance of an initial license the person shall also file with the Prothonotary a notarized certificate signed by an instructor or authorized representative of a sponsoring agency, school, organization or institution certifying that the applicant: (i) has completed a firearms training course which contains at least the below described minimum elements; and (ii) is sponsored by a federal, state, county or municipal law enforcement agency, a college, a nationally recognized organization that customarily offers firearms training, or a firearms training school with instructors certified by a nationally recognized organization that customarily offers firearms training. The firearms training course shall include the following elements:
  • a. Instruction regarding knowledge and safe handling of firearms;
  • b. Instruction regarding safe storage of firearms and child safety;
  • c. Instruction regarding knowledge and safe handling of ammunition;
  • d. Instruction regarding safe storage of ammunition and child safety;
  • e. Instruction regarding safe firearms shooting fundamentals;
  • f. Live fire shooting exercises conducted on a range, including the expenditure of a minimum of 100 rounds of ammunition;
  • g. Identification of ways to develop and maintain firearm shooting skills;
  • h. Instruction regarding federal and state laws pertaining to the lawful purchase, ownership, transportation, use and possession of firearms;
  • i. Instruction regarding the laws of this State pertaining to the use of deadly force for self defense; and
  • j. Instruction regarding techniques for avoiding a criminal attack and how to manage a violent confrontation, including conflict resolution.
• (4) At the time the application is filed, the applicant shall pay a fee of $65 to the Prothonotary issuing the same.
• (5) The license issued upon initial application shall be valid for 3 years. On or before the date of expiration of such initial license, the licensee, without further application, may renew the same for the further period of 5 years upon payment to the Prothonotary of a fee of $65, and upon filing with said Prothonotary an affidavit setting forth that the carrying of a concealed deadly weapon by the licensee is necessary for personal protection or protection of the person's property, or both, and that the person possesses all the requirements for the issuance of a license and may make like renewal every 5 years thereafter; provided, however, that the Superior Court, upon good cause presented to it, may inquire into the renewal request and deny the same for good cause shown. No requirements in addition to those specified in this paragraph may be imposed for the renewal of a license.
• (b) Notwithstanding the time limitations in 11 Del. C. § 1441(a)(5), and notwithstanding any law, rule, or regulation to the contrary, any person licensed to carry a concealed deadly weapon pursuant to 11 Del. C. § 1441 whose license expired in 2020 or 2021, may file for renewal of such license pursuant to 11 Del. C. § 1441(a)(5) of this title by satisfying all of the following conditions with the Prothonotary no later than December 31, 2022:
  • (1) Filing an affidavit setting forth that the carrying of a concealed deadly weapon by the licensee is necessary for personal protection or protection of the person's property, or both;
  • (2) The person possesses all the requirements for the issuance of a license; and
  • (3) Payment of the $65.00 fee required by 11 Del. C. § 1441(a)(5)(a).
• (c) 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.
• (d) The Prothonotary of the county in which the application for license is made shall lay before the Superior Court, at its then next term, all applications for licenses, together with the certificate and recommendation accompanying the same, filed in the Prothonotary's office, on the 1st day of such application.
• (e) The Court may or may not, in its discretion, approve any application, and in order to satisfy the Judges thereof fully in regard to the propriety of approving the same, may receive remonstrances and hear evidence and arguments for and against the same, and establish general rules for that purpose.
• (f) If any application is approved, as provided in this section, the Court shall endorse the word "approved" thereon and sign the same with the date of approval. If not approved, the Court shall endorse the words "not approved" and sign the same. The Prothonotary, immediately after any such application has been so approved, shall notify the applicant of such approval, and following receipt of the notarized certification of satisfactory completion of the firearms training course requirement as set forth in paragraph (a)(3) of this section above shall issue a proper license, signed as other state licenses are, to the applicant for the purposes provided in this section and for a term to expire on June 1 next succeeding the date of such approval.
• (g) The Secretary of State shall prepare blank forms of license to carry out the purposes of this section, and shall issue the same as required to the several Prothonotaries of the counties in this State. The Prothonotaries of all the counties shall affix to the license, before lamination, a photographic representation of the licensee.
• (h) The provisions of this section do not apply to the carrying of the usual weapon by the police or other peace officers.
• (i) Notwithstanding any provision to the contrary, anyone retired as a police officer, as "police officer" is defined by § 1911 of this title, who is retired after having served at least 20 years in any law-enforcement agency within this State, or who is retired and remains currently eligible for a duty-connected disability pension, may be licensed to carry a concealed deadly weapon for the protection of that retired police officer's person or property after that retired police officer's retirement, if the following conditions are strictly complied with:
  • (1) If that retired police officer applies for the license within 90 days of the date of that retired police officer's retirement, the retired police officer shall pay a fee of $65 to the Prothonotary in the county where that retired police officer resides and present to the Prothonotary both:
  • (a) A certification from the Attorney General's office, in a form prescribed by the Attorney General's office, verifying that the retired officer is in good standing with the law-enforcement agency from which the retired police officer is retired; and
  • (b) A letter from the chief of the retired officer's agency verifying that the retired officer is in good standing with the law-enforcement agency from which the retired police officer is retired; or
  • (2) If that retired police officer applies for the license more than 90 days, but within 20 years, of the date of that retired police officer's retirement, the retired police officer shall pay a fee of $65 to the Prothonotary in the county where the retired police officer resides and present to the Prothonotary certification forms from the Attorney General's office, or in a form prescribed by the Attorney General's office, that:
  • (a) The retired officer is in good standing with the law-enforcement agency from which that retired police officer is retired;
  • (b) The retired officer's criminal record has been reviewed and that the retired police officer has not been convicted of any crime greater than a violation since the date of the retired police officer's retirement; and
  • (c) The retired officer has not been committed to a psychiatric facility since the date of the retired police officer's retirement.
• (j) Notwithstanding anything contained in this section to the contrary, an adult person who, as a successful petitioner seeking relief pursuant to Part D, subchapter III of Chapter 9 of Title 10, has caused a protection from abuse order containing a firearms prohibition authorized by § 1045(a)(8) of Title 10 or a firearms prohibition pursuant to § 1448(a)(6) of this title to be entered against a person for alleged acts of domestic violence as defined in § 1041 of Title 10, shall be deemed to have shown the necessity for a license to carry a deadly weapon concealed for protection of themselves pursuant to this section. In such cases, all other requirements of subsection (a) of this section must still be satisfied.
• (k) 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 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.
• (l) 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.
• (m) 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.
• (n) Notwithstanding any other law or regulation to the contrary, any license issued pursuant to this section shall be void, and is automatically repealed by operation of law, if the licensee is or becomes prohibited from owning, possessing or controlling a deadly weapon as specified in § 1448 of this title.

Del. Code tit. 11 § 1441

Delaware Preemption Law

This chapter shall not permit the amending of a municipal charter so as to:
(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. Nothing contained herein shall be construed to invalidate existing municipal ordinances.

Del. Code tit. 22 § 835(a)

General powers and duties

(a) The county government of each county shall:
(1) Except as otherwise provided by law, have the direction, management and control of the business and finances of the respective counties; and
(2) Have full and complete jurisdiction over all matters and things now or hereafter vested by law in the county governments of the respective counties, or in, or appertaining to, the office of the county governing officials of each county; and
(3) Have and exercise every power, privilege, right and duty which belongs and appertains to the county governments of the respective counties, or to the office of the county governing officials of the county; and
(4) Have the power and authority to impose and collect by ordinance a tax upon the transfer of real property situate within unincorporated areas of the county, subject to the conditions and limitations provided in § 8102 of this title.

(b) The county governments of the several counties shall take care that:
(1) The affairs of the respective counties are administered with efficiency and economy; and
(2) The officers and employees of the counties, chosen and appointed by the county governments, shall faithfully perform the duties imposed upon them.

(c) The county governments shall enact no law or regulation prohibiting, restricting or licensing the ownership, transfer, possession or transportation of firearms or components of firearms or ammunition except that the discharge of a firearm may be regulated; provided any law, ordinance or regulation incorporates the justification defenses as found in Title 11 of the Delaware Code.

(d) Notwithstanding subsection (c) of this section, county governments may adopt ordinances regulating the possession of firearms, ammunition, components of firearms, or explosives in police stations and county buildings which contain all of the provisions contained in this subsection. Any ordinance adopted by a county government regulating possession of firearms, ammunition, components of firearms, or explosives in police stations or county buildings shall require that all areas where possession is restricted is clearly identified by a conspicuous sign posted at each entrance to the restricted area. The sign may also specify that persons in violation may be denied entrance to the building or be ordered to leave the building. Any ordinance adopted by county governments relating to possession in police stations or county buildings shall also state that any person who immediately foregoes entry or immediately exits such building due to the possession of a firearm, ammunition, components of firearms, or explosives shall not be guilty of violating the ordinance. County governments may establish penalties for any intentional violation of such ordinance as deemed necessary to protect public safety. An ordinance adopted by the county government shall not prevent the following in county buildings or police stations:
(1) possession of firearms, components of firearms, and ammunition or explosives by law enforcement officers;
(2) law enforcement agencies receiving shipments or delivery of firearms, components of firearms, ammunition or explosives;
(3) law enforcement agencies conducting firearms safety and training programs;
(4) law enforcement agencies from conducting firearm or ammunition public safety programs, donation, amnesty, or any other similar programs in police stations or municipal buildings;
(5) compliance by persons subject to protection from abuse court orders;
(6) carrying firearms and ammunition by persons who hold a valid license pursuant to either § 1441 or § 1441A of Title 11 of the Delaware Code so long as the firearm remains concealed except for inadvertent display or for self-defense or defense of others;
(7) officers or employees of the United States duly authorized to carry a concealed firearm;
(8) agents, messengers and other employees of common carriers, banks, or business firms, whose duties require them to protect moneys, valuables and other property and are engaged in the lawful execution of such duties.

(e) For the purposes of this section, "county building" means a building where a county government entity meets in its official capacity or containing the offices of elected officials and of public employees actively engaged in performing governmental business but excluding any parking facility; provided, however, that if such building is not a county owned or leased building, such building shall be considered a county building for the purposes of this section only during the time such government entity is meeting in or occupying such a building.

Del. Code tit. 9 § 330

Limitation on firearm regulations

(a) The municipal governments shall enact no law, ordinance or regulation prohibiting, restricting or licensing the ownership, transfer, possession or transportation of firearms or components of firearms or ammunition except that the discharge of a firearm may be regulated; provided any law, ordinance or regulation incorporates the justification defenses as found in Title 11. Nothing contained herein shall be construed to invalidate municipal ordinances existing before July 4, 1985, and any ordinance enacted after July 4, 1985, is hereby repealed. Notwithstanding the provisions of this section to the contrary, the City of Wilmington may, in addition to the nature and extent of regulation permitted by this section, enact any law or ordinance governing the possession or concealment of a paintball gun within its corporate limits as it deems necessary to protect the public safety.

(b) Subsection (a) notwithstanding, municipal governments may adopt ordinances regulating the possession of firearms, ammunition, components of firearms, or explosives in police stations and municipal buildings which contain all of the provisions contained in this subsection. Any ordinance adopted by a municipal government regulating possession of firearms, ammunition, components of firearms, or explosives in police stations or municipal buildings shall require that all areas where possession is restricted is clearly identified by a conspicuous sign posted at each entrance to the restricted area. The sign may also specify that persons in violation may be denied entrance to the building or be ordered to leave the building. Any ordinance adopted by municipal governments relating to possession in police stations or municipal buildings shall also state that any person who immediately foregoes entry or immediately exits such building due to the possession of a firearm, ammunition, components of firearms, or explosives shall not be guilty of violating the ordinance. Municipal governments may establish penalties for any intentional violation of such ordinance as deemed necessary to protect public safety. An ordinance adopted by the municipal government shall not prevent the following in municipal buildings or police stations:
(1) possession of firearms, components of firearms, and ammunition or explosives by law enforcement officers;
(2) law enforcement agencies receiving shipments or delivery of firearms, components of firearms, ammunition or explosives;
(3) law enforcement agencies conducting firearms safety and training programs;
(4) law enforcement agencies from conducting firearm or ammunition public safety programs, donation, amnesty, or any other similar programs in police stations or municipal buildings;
(5) compliance by persons subject to protection from abuse court orders;
(6) carrying firearms and ammunition by persons who hold a valid license pursuant to either § 1441 or § 1441A of Title 11 of this Code so long as the firearm remains concealed except for inadvertent display or for self-defense or defense of others;
(7) officers or employees of the United States duly authorized to carry a concealed firearm; or
(8) agents, messengers and other employees of common carriers, banks, or business firms, whose duties require them to protect moneys, valuables and other property and are engaged in the lawful execution of such duties.

(c) For the purposes of this subsection, "municipal building" means a building where a municipal government entity meets in its official capacity or containing the offices of elected officials and of public employees actively engaged in performing governmental business but excluding any parking facility; provided, however, that if such building is not a municipally owned or leased building, such building shall be considered a municipal building for the purposes of this section only during the time such government entity is meeting in or occupying such a building.

Del. Code tit. 22 § 111

Delaware Purchase/Transfer Laws

Handgun qualified purchaser permit required to purchase handguns

(a) For purposes of this section:

• (1) "Director" means the Director of the State Bureau of Identification.
• (2) "Handgun" means a pistol, revolver, or other firearm designed to be readily capable of being fired when held in 1 hand.
• (3) "Qualified law-enforcement officer" means as defined under § 1441A(c) of this title.
• (4) "Qualified retired law-enforcement officer" means as defined under § 1441B(c) of this title.
• (5) "SBI" means the State Bureau of Identification within the Division of State Police.

(b) The SBI shall, on application, issue a handgun qualified purchaser permit to all of the following:

• (1) A person not disqualified under subsection (f) of this section.
• (2) A person who the Director determines to be one of the following:
  • a. A qualified law-enforcement officer.
  • b. A qualified retired law-enforcement officer.

(c)

• (1) A person applying for a handgun qualified purchaser permit as a qualified law-enforcement officer or a qualified retired law-enforcement officer is not subject to paragraphs (f)(1) or (4) or subsection (g) of this section.
• (2) A person who holds a valid license to carry concealed deadly weapons issued by the Superior Court under § 1441 of this title is not required to apply for a handgun qualified purchaser permit under this section before purchasing a handgun.

(d)

• (1) A person's application for a handgun qualified purchaser permit must be in the form prescribed by the SBI and include all of the following information about the person:
  • a. Name.
  • b. Residence.
  • c. Employer.
  • d. Date of birth.
  • e. Sex.
  • f. Gender.
  • g. Physical description, including distinguishing physical characteristics.
  • h. Race.
  • i. Ethnicity.
  • j. National origin.
  • k. English language proficiency.
• (2) An application must include a sworn, written affirmation that the person is not prohibited from possessing a firearm under § 1448 of this title or any other provision of state or federal law.

(e) Applications must be made available by the SBI and licensed dealers.

(f) Except as otherwise provided under this chapter, the Director may not issue a handgun qualified purchaser permit to any of the following:

• (1) A person under the age of 21.
• (2) A person who is prohibited from purchasing, owning, possessing, or controlling a deadly weapon under § 1448 of this title.
• (3) If supported by probable cause, a person who poses a danger of causing physical injury to self or others by owning, purchasing, or possessing firearms.
• (4) A person who, in the 5 years before the date of application, has not completed a firearms training course that is sponsored by a federal, state, county, or municipal law-enforcement agency; a college; a nationally recognized organization that customarily offers firearms training; or a firearms training school with instructors certified by a nationally recognized organization that customarily offers firearms training. The firearms training course must consist of at least all of the following:
  • a. Instruction regarding knowledge and safe handling of firearms.
  • b. Instruction regarding safe storage of firearms and child safety.
  • c. Instruction regarding knowledge and safe handling of ammunition.
  • d. Instruction regarding safe storage of ammunition and child safety.
  • e. Instruction regarding safe firearms shooting fundamentals.
  • f. Live fire shooting exercises conducted on a range, including the expenditure of a minimum of 100 rounds of ammunition.
  • g. Identification of ways to develop and maintain firearm shooting skills.
  • h. Instruction regarding federal and state laws pertaining to the lawful purchase, ownership, transportation, use, and possession of firearms.
  • i. Instruction regarding the laws of this State pertaining to the use of deadly force.
  • j. Instruction regarding techniques for avoiding a criminal attack and how to manage a violent confrontation, including conflict resolution.
  • k. Instruction regarding suicide prevention.
• (5) A person who is otherwise prohibited from purchasing or possessing firearms under the law of this State or federal law.

(g) The following persons are exempt from the training requirements of this section:

• (1) Qualified law enforcement officers;
• (2) Qualified retired law enforcement officers;
• (3) Sheriffs and deputy sheriffs if otherwise qualified under this subsection;
• (4) Persons licensed to carry a concealed deadly weapon under § 1441 of this title;
• (5) Federal Firearms Licensees and Delaware Deadly Weapons Dealers licensed and regulated under Chapter 9 of Title 24;
• (6) Armored car guards and security personnel licensed and regulated under Chapter 13 of Title 24;
• (7) Constables commissioned and regulated under Chapter 56 of Title 24;
• (8) Delaware Correctional Officers;
• (9) Members of the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard and the Reserve elements thereof, including members of the Delaware National Guard;
• (10) Instructors certified by the National Rifle Association of America;
• (11) Persons holding a valid Delaware Hunter Safety certification card;
• (12) Competitive shooters holding competitor classification cards issued by the National Rifle Association of America, the International Defensive Pistol Association, the International Practical Shooting Confederation, or the United States Practical Shooting Association.

(h) A person must submit an application for a handgun qualified purchaser permit to the SBI, who shall investigate the application and, unless grounds exist for the denial thereof, grant the handgun qualified purchaser permit within 30 days from the date of receipt of the application.

• (1) The SBI shall take the fingerprints of each person who applies for a handgun qualified purchaser permit and compare the fingerprints with any records of fingerprints in this State. The SBI shall conduct a search of the Delaware Criminal Justice Information System to determine if the applicant is prohibited under the law of this State or federal law from purchasing or possessing a firearm. The SBI shall submit the person's fingerprints to the Federal Bureau of Investigation with a request that a search of the National Instant Criminal Background Check System be conducted.
• (2)
  • a. In investigating the application, the SBI shall contact the local law-enforcement agencies of the county or municipality in which the person resides and inquire as to any facts and circumstances relevant to the person's qualification for a handgun qualified purchaser permit.
  • b. If an applicant has resided in the applicant's county or municipality of residence for less than 5 years, the SBI shall contact the local law enforcement agency of each county or municipality in which the applicant has resided for the previous 5 years and inquire as to any facts and circumstances relevant to the person's qualification for a handgun qualified purchaser permit.

(i) If the Director determines that a person does not qualify under subsection (b) of this section for a handgun qualified purchaser permit, the Director shall deny the application and notify the person, in writing, setting forth the specific reasons for the denial.

(j)

• (1) A handgun qualified purchaser permit is valid for a period of 2 years from the date of issuance.
• (2) A handgun qualified purchaser permit must consist of a unique permit number that corresponds to information retained by the SBI and including, at minimum, the following:
  • a. The full name and address of the person issued the handgun qualified purchaser permit.
  • b. The date on which the handgun qualified purchaser permit expires.
  • c. Any other information required by state law.
• (3) A person issued a handgun qualified purchaser permit may purchase handguns using the handgun qualified purchaser permit while the handgun qualified purchaser permit is valid.

(k) A handgun qualified purchaser permit is void if, at any time following the issuance of a handgun qualified purchaser permit, any of the following apply to a person issued the handgun qualified purchaser permit:

• (1) The person becomes disqualified for any reason under subsection (f) of this section.
• (2) The person is no longer a qualified law-enforcement officer or a qualified retired law-enforcement officer.

(l)

• (1) The Director may revoke a handgun qualified purchaser permit at any time on a finding that any of the following apply to a person issued the handgun qualified purchaser permit:
  • a. The person is disqualified for any reason under subsection (f) of this section.
  • b. The person is no longer a qualified law-enforcement officer or a qualified retired law-enforcement officer.
• (2) The Director shall give written notice of revocation without unnecessary delay to the person issued the handgun qualified purchaser permit, the State Police, and local law-enforcement agencies of the county or municipality in which the person resides.
• (3) If the Director has given written notice of revocation and there is probable cause to believe that the person issued the handgun qualified purchaser permit has handguns purchased with the handgun qualified purchaser permit in the person's custody, possession, or control, the State Police or a local law-enforcement agency shall take action to ensure surrender or removal of the handguns.

(m)

• (1) A person aggrieved by the denial or revocation of a handgun qualified purchaser permit may request a hearing in the Justice of the Peace Court for the county in which the person resides.
• a. The request for a hearing must be made in writing within 30 days of the denial of the application for the handgun qualified purchase permit or the revocation of the handgun qualified purchase permit.
• b. The person shall deliver a copy of the person's request for a hearing to the Director and any chief of police of the county or municipality in which the person resides.
• c. The hearing must be held and a record made thereof within 21 days of the receipt of the application for a hearing by a Justice of the Peace.
• d. A filing fee is not required to obtain a hearing.
• e. The Justice of the Peace Court shall designate a simple form to initiate an appeal.

(2) The Justice of the Peace Court's decision may be appealed to the Superior Court for a hearing de novo. The appeal must be filed within 15 days. The Superior Court shall schedule the de novo hearing within 15 days of the filing of the appeal.

(n) Not later than [1 year after the implementation date of § 1448D of Title 11 within Section 1 of this Act] and annually thereafter, the Director shall submit to the House and Senate committees on the Judiciary a report that includes all of the following, with respect to the preceding year:

• (1) The number of applications submitted for a handgun qualified purchaser permit, the number of handgun qualified purchase permits issued, and the number of applications denied.
• (2) The number of hearings requested by applicants aggrieved by a denial or revocation of a handgun qualified purchaser permit and the disposition of those hearings.
• (3) The number of handgun qualified purchaser permits revoked by the Director.
• (4) The number of cases in which the State Police or a local law-enforcement agency has taken action to remove handguns purchased with a handgun qualified purchase permit that was subsequently revoked and the number of handguns recovered.
• (5) Demographic data on applicants seeking a handgun qualified purchaser permit, including race, ethnicity, national origin, sex, gender, age, disability, and English language proficiency.
• (6) Demographic data on applicants aggrieved by a denial or revocation for a handgun qualified purchaser permit, including race, ethnicity, national origin, sex, gender, age, disability, and English language proficiency.

(o)

• (1) After a permit has been issued or a denial has become final, SBI may not retain any records relating to the application or permit other than the name and date of birth of the applicant, the date the permit was issued or the denial became final, and the date of the firearms training course completed by the applicant.
• (2) Applications and any other information gathered under this section are not "public records" for purposes of the Freedom of Information Act, Chapter 100 of Title 29.

(p) An individual identified under subsection (g) of this section is exempt from the training requirement only if the firearm training undertaken pursuant to their employment meets all the requirements of paragraph (f)(4) of this section.

(q) The SBI may adopt regulations to administer, implement, and enforce this section.

Del. Code tit. 11 § 1448D

Possessing a destructive weapon; class e felony

(a) A person is guilty of possessing a destructive weapon when the person makes, sells, transfers, buys, receives, or has possession of any of the following:

• (1) A bomb.
• (2) A bombshell.
• (3) A firearm silencer.
• (4) A sawed-off shotgun.
• (5) A machine gun or any other firearm or weapon which is adaptable for use as a machine gun.
• (6) A bump stock, trigger crank, or rapid fire device.
  • a. "Bump stock" means an after-market device that increases the rate of fire achievable with a semi-automatic rifle by using energy from the recoil of the weapon to generate a reciprocating action that facilitates repeated activation of the trigger.
  • b. "Rapid fire device" means a part, kit, tool, accessory, or device that increases the rate of fire of a semi-automatic firearm to a rate of fire that mimics the rate of fire of a machine gun.
  • c. "Trigger crank" means an after-market device designed and intended to be added to a semi-automatic rifle as a crank operated trigger actuator capable of triggering multiple shots with a single rotation of the crank.

(b)

• (1) Possessing a destructive weapon listed in paragraphs (a)(1) through (a)(5) of this section is a class E felony. This section does not apply to members of the military forces or to members of a police force in this State duly authorized to carry a weapon of the type described; nor shall the provisions contained herein apply to authorized and certified (by an accredited state enforcement agency) state and federal wildlife biologists possessing firearm silencers for the purposes of wildlife disease or wildlife population control, or persons possessing machine guns for scientific or experimental research and development purposes, which machine guns have been duly registered under the National Firearms Act of 1968 (26 U.S.C. §5801 et seq.).
• (2) A person who is convicted of only having possession of a destructive weapon listed under paragraph (a)(6) of this section commits the following:
  • a. A class B misdemeanor for a first offense.
  • b. A class E felony for a second or subsequent offense.

(c) For purposes of this section:

• (1)
  • a. "Machine gun" means any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger.
  • b. "Machine gun" includes the frame or receiver of a machine gun, any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a weapon into a machine gun, and any combination of parts from which a machine gun can be assembled if the parts are in the possession or under the control of a person.
• (2) "Shotgun" means a weapon designed or redesigned, made, or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of projectiles (ball shot) or a single projectile for each pull of the trigger.
• (3) "Sawed-off shotgun" means a shotgun having 1 or more barrels less than 18 inches in length or any weapon made from a shotgun (whether by alteration, modification, or otherwise) if such weapon as modified has an overall length of less than 26 inches.

(d) The Superior Court has exclusive jurisdiction over offenses under this section.

(e)

• (1) Any destructive weapon as defined in paragraph (a)(6) of this section shall be relinquished to a law-enforcement agency of this State and may be destroyed by the law-enforcement agency 30 days after relinquishment.
• (2) Relinquishment to a law-enforcement agency is not a transfer or evidence of possession under paragraph (a)(6) of this section.

Del. Code tit. 11 § 1444

Definitions related to assault weapons

For purposes of this section and § 1466 and § 1467 of this title:

• (1) "Ammunition feeding device" means any magazine, belt, drum, feed strip, or similar device that holds ammunition for a firearm.
• (2) "Assault long gun" means any of the following or a copy, regardless of the producer or manufacturer:
  • a. American Arms Spectre da Semiautomatic carbine.
  • b. Avtomat Kalashnikov semiautomatic rifle in any format, including the AK-47 in all forms.
  • c. Algimec AGM-1 type semi-auto.
  • d. AR 100 type semi-auto.
  • e. AR 180 type semi-auto.
  • f. Argentine L.S.R. semi-auto.
  • g. Australian Automatic Arms SAR type semi-auto.
  • h. Auto-Ordnance Thompson M1 and 1927 semi-automatics.
  • i. Barrett light .50 cal. semi-auto.
  • j. Beretta AR70 type semi-auto.
  • k. Bushmaster semi-auto rifle.
  • l. Calico models M-100 and M-900.
  • m. CIS SR 88 type semi-auto.
  • n. Claridge HI TEC C-9 carbines.
  • o. Colt AR-15, CAR-15, and all imitations except Colt AR-15 Sporter H-BAR rifle.
  • p. Daewoo MAX 1 and MAX 2, aka AR 100, 110C, K-1, and K-2.
  • q. Dragunov Chinese made semi-auto.
  • r. Famas semi-auto (.223 caliber).
  • s. Feather AT-9 semi-auto.
  • t. FN LAR and FN FAL assault rifle.
  • u. FNC semi-auto type carbine.
  • v. F.I.E./Franchi LAW 12 and SPAS 12 assault shotgun.
  • w. Steyr-AUG-SA semi-auto.
  • x. Galil models AR and ARM semi-auto.
  • y. Heckler and Koch HK-91 A3, HK-93 A2, HK-94 A2 and A3.
  • z. Holmes model 88 shotgun.
  • aa. Manchester Arms "Commando" MK-45, MK-9.
  • bb. Mandell TAC-1 semi-auto carbine.
  • cc. Mossberg model 500 Bullpup assault shotgun.
  • dd. Sterling Mark 6.
  • ee. P.A.W.S. carbine.
  • ff. Ruger mini-14 folding stock model (.223 caliber).
  • gg. SIG 550/551 assault rifle (.223 caliber).
  • hh. SKS with detachable magazine.
  • ii. AP-74 Commando type semi-auto.
  • jj. Springfield Armory BM-59, SAR-48, G3, SAR-3, M-21 sniper rifle, and M1A, excluding the M1 Garand.
  • kk. Street sweeper assault type shotgun.
  • ll. Striker 12 assault shotgun in all formats.
  • mm. Unique F11 semi-auto type.
  • nn. Daewoo USAS 12 semi-auto shotgun.
  • oo. UZI 9mm carbine or rifle.
  • pp. Valmet M-76 and M-78 semi-auto.
  • qq. Weaver Arms "Nighthawk" semi-auto carbine.
  • rr. Wilkinson Arms 9mm semi-auto "Terry".
• (3) "Assault pistol" means any of the following or a copy, regardless of the producer or manufacturer:
  • a. AA Arms AP-9 pistol.
  • b. Beretta 93R pistol.
  • c. Bushmaster pistol.
  • d. Claridge HI-TEC pistol.
  • e. D Max Industries pistol.
  • f. EKO Cobra pistol.
  • g. Encom MK-IV, MP-9, or MP-45 pistol.
  • h. Heckler and Koch MP5K, MP7, SP-89, or VP70 pistol.
  • i. Holmes MP-83 pistol.
  • j. Ingram MAC 10/11 pistol and variations, including the Partisan Avenger and the SWD Cobray.
  • k. Intratec TEC-9/DC-9 pistol in any centerfire variation.
  • l. P.A.W.S. type pistol.
  • m. Skorpion pistol.
  • n. Spectre double action pistol (Sile, F.I.E., Mitchell).
  • o. Stechkin automatic pistol.
  • p. Steyer tactical pistol.
  • q. UZI pistol.
  • r. Weaver Arms Nighthawk pistol.
  • s. Wilkinson "Linda" pistol.
• (4) "Assault weapon" means any of the following:
  • a. An assault long gun.
  • b. An assault pistol.
  • c. A copycat weapon.
• (5) "Completed a purchase" means that the purchaser completed an application, passed a background check, and has a receipt or purchase order for the assault weapon, without regard to whether the purchaser has actual physical possession of the assault weapon. If receipt of the assault weapon will not occur until more than 1 year after [the effective date of this Act], it is not a completed purchase.
• (6) "Copycat weapon" means any of the following:
  • a. A semiautomatic, centerfire rifle that can accept a detachable magazine and has at least 1 of the following:
    • 1. A folding or telescoping stock.
    • 2. Any grip of the weapon, including a pistol grip, a thumbhole stock, or any other stock, the use of which would allow an individual to grip the weapon, resulting in any finger on the trigger hand in addition to the trigger finger being directly below any portion of the action of the weapon when firing.
    • 3. A forward pistol grip.
    • 4. A flash suppressor.
    • 5. A grenade launcher or flare launcher.
  • b. A semiautomatic, centerfire rifle that has an overall length of less than 30 inches.
  • c. A semiautomatic pistol that can accept a detachable magazine and has at least 1 of the following:
    • 1. Except as otherwise provided under paragraph (6)c.1.A. of this section, an ability to accept a detachable ammunition magazine that attaches at some location outside of the pistol grip.
    • A. Subject to paragraph (6)c.1.B. of this section, the characteristic detailed under paragraph (6)c.1. of this section does not apply when the characteristic is utilized in conjunction with a rimfire pistol that is used solely for the purposes of competitive shooting events or practice shooting in preparation for competitive shooting events.
    • B. Paragraph (6)c.1.A of this section applies only to competitive shooting events operated by state or nationally recognized competitive shooting organizations.
    • 2. A threaded barrel capable of accepting a flash suppressor, forward pistol grip or silencer.
    • 3. A shroud that is attached to, or partially or completely encircles, the barrel and that permits the shooter to fire the firearm without being burned, except a slide that encloses the barrel.
    • 4. A second hand grip.
  • d. A semiautomatic shotgun that has both of the following:
    • 1. A folding or telescoping stock.
    • 2. Any grip of the weapon, including a pistol grip, a thumbhole stock, or any other stock, the use of which would allow an individual to grip the weapon, resulting in any finger on the trigger hand in addition to the trigger finger being directly below any portion of the action of the weapon when firing.
  • e. A semiautomatic shotgun that has the ability to accept a detachable magazine.
  • f. A shotgun with a revolving cylinder.
  • g. A semiautomatic pistol with a fixed magazine that can accept more than 17 rounds.
  • h. A semiautomatic, centerfire rifle that has a fixed magazine that can accept more than 17 rounds.
• (7) "Detachable magazine" means an ammunition feeding device that can be removed readily from a firearm without requiring disassembly of the firearm action or without the use of a tool, including a bullet or cartridge.
• (8) "Family" means as defined in § 901 of Title 10.
• (9) "Flash suppressor" means a device that functions, or is intended to function, to perceptibly reduce or redirect muzzle flash from the shooter's field of vision.
• (10) "Qualified retired law-enforcement officer" means as defined in § 1441B(c) of this title.
• (11) "Shooting range" means any land or structure used and operated in accordance with all applicable laws and ordinances for the shooting of targets for training, education, practice, recreation, or competition.
• (12) "Grenade launcher" means a device designed to fire, launch, or propel a grenade.
• (13) "Secure storage" means a firearm that is stored in a locked container or equipped with a tamper resistant mechanical lock or other safety device that is properly engaged so as to render the firearm inoperable by a person other than the owner or other lawfully authorized user.

Del. Code tit. 11 § 1465