Delaware

(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).

(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)
a. 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).
(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.
(c) 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.
(d) 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.
(e) 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.
(f) 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.
(g) The provisions of this section do not apply to the carrying of the usual weapon by the police or other peace officers.
(h) 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.
(i) 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.
(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 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.
(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.
(m) 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.

Delaware is not a permitless-carry state.

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.

(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.

(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.

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.

(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.

(a) Except as otherwise provided in subsections (c) through (f) of this section, it is unlawful for a person to manufacture, sell, offer for sale, purchase, receive, transfer, or possess a large-capacity magazine.
(b) Applicability - This section does not apply to any of the following:
(1) The following individuals, if acting within the scope of official business:
a. Personnel of the United States government or a unit of that government.
b. Members of the armed forces of the United States or of the National Guard.
c. A law-enforcement officer.
(2) An assault weapon modified to render it permanently inoperative.
(3) Possession, importation, manufacture, receipt for manufacture, shipment for manufacture, storage, purchases, sales, and transport to or by a licensed firearms dealer or manufacturer who does any of the following:
a. Provides or services an assault weapon for a law-enforcement agency of this State or for personnel exempted under paragraph (b)(1) of this section.
b. Acts to sell or transfer an assault weapon to a licensed firearm dealer in another state or to an individual purchaser in another state through a licensed firearms dealer.
c. Acts to return to a customer in another state an assault weapon transferred to the licensed firearms dealer or manufacturer under the terms of a warranty or for repair.
(4) Organizations that are required or authorized by federal law governing their specific business or activity to maintain assault weapons.
(5) The receipt of an assault weapon by inheritance, and possession of the inherited assault weapon, if the decedent lawfully possessed the assault weapon and the person inheriting the assault weapon is not otherwise a person prohibited under § 1448 of this title.
(6) The receipt of an assault weapon by a personal representative of an estate for purposes of exercising the powers and duties of a personal representative of an estate, including transferring the assault weapon according to will or probate proceedings.
(7) Possession by a qualified retired law-enforcement officer who is not otherwise prohibited from receiving an assault weapon if either of the following applies:
a. The assault weapon is sold or transferred to the qualified retired law-enforcement officer by the law-enforcement agency on retirement.
b. The assault weapon was purchased or obtained by the qualified retired law-enforcement officer for official use with the law-enforcement agency before retirement.
(8) Possession or transport by an armored car guard, as defined in § 1302 of Title 24, if the armored car guard is acting within the scope of employment with an armored car agency, as defined under § 1302 of Title 24, and is licensed under Chapter 13 of Title 24.
(9) Possession, receipt, and testing by, or shipping to or from any of the following:
a. An ISO 17025 accredited, National Institute of Justice-approved ballistics testing laboratory.
b. A facility or entity that manufactures or provides research and development testing, analysis, or engineering for personal protective equipment or vehicle protection systems.
(c) Exceptions. -
(1) A licensed firearms dealer may continue to do all of the following with an assault weapon that the licensed firearms dealer lawfully possessed on or before [the effective date of this Act]:
a. Possess the assault weapon.
b. Sell the assault weapon or offer the assault weapon for sale. But, the licensed firearms dealer may only sell the assault weapon or offer the assault weapon for sale as permitted under paragraph (b)(3)b. of this section.
c. Transfer the assault weapon. But, the licensed firearms dealer may only transfer the assault weapon as permitted by paragraph (b)(3)b. or (b)(3)c. of this section.
(2)
a.
A licensed firearms dealer may take possession of an assault weapon from a person who lawfully possessed the assault weapon before [the effective date of this Act] for the purposes of servicing or repairing the assault weapon.
b. A licensed firearms dealer may transfer possession of an assault weapon received under paragraph (c)(2)a. of this section for purposes of accomplishing service or repair of the assault weapon.
(3) A person who lawfully possessed, or completed a purchase of an assault weapon prior to [the effective date of this Act], may possess and transport the assault weapon on or after [the effective date of this Act] only under the following circumstances:
a. At that person's residence, place of business, or other property owned by that person, or on property owned by another person with the owner's express permission.
b. While on the premises of a shooting range.
c. While attending any exhibition, display, or educational project that is about firearms and that is sponsored by, conducted under the auspices of, or approved by a law-enforcement agency or a nationally or state recognized entity that fosters proficiency in, or promotes education about, firearms.
d. While transporting the assault weapon between any of the places set forth in this this paragraph (c)(3) of this section, or to any licensed firearms dealer for servicing or repair under paragraph (c)(2) of this section, if the person places the assault weapon in secure storage.
(4) A person may transport an assault weapon to or from any of the following if the person places the assault weapon in secure storage:
a. An ISO 17025 accredited, National Institute of Justice-approved ballistics testing laboratory.
b. A facility or entity that manufactures or provides research and development testing, analysis, or engineering for personal protective equipment or vehicle protection systems.
(5) Ownership of an assault weapon may be transferred from the person owning the assault weapon to a member of that person's family, and it is lawful for the family member to possess the transferred assault weapon under paragraph (c)(3) of this section, if the transferor lawfully possessed the assault weapon and the family member to whom the assault weapon is transferred is otherwise lawfully permitted to possess it.
(d) Penalty. - A violation of this section is a class D felony.
(e) Disposal. - A law-enforcement agency in possession of a person's assault weapon as a result of an arrest under this section shall dispose of the assault weapon under the process established for deadly weapons and ammunition under § 2311 of this title following the person's adjudication of delinquency or conviction under this section or by the person's agreement to forfeit the assault weapon under an agreement to plead delinquent or guilty to another offense.
(f) This section does not apply to any of the following:
(1) A person who manufactures a large-capacity magazine, if the person manufactures the large-capacity magazine with the intent to sell the large-capacity magazine, or offer the large-capacity magazine for sale, to a person outside of this State.
(2) A person who ships or transports a large-capacity magazine for a person under paragraph (f)(1) of this section.

For purposes of this section and §§ 1469 and 1469A of this title:
(1) "Ammunition feeding device" means any magazine, belt, drum, feed strip, or similar device that holds ammunition for a firearm.
(2)
a.
"Large-capacity magazine" means any ammunition feeding device capable of accepting, or that can readily be converted to hold, more than 17 rounds of ammunition.
b. "Large-capacity magazine" does not include an attached tubular device designed to accept, and only capable of operating with, .22 caliber rimfire ammunition.
c. For purposes of this subsection, the presence of a removable floor plate in an ammunition feeding device that is not capable of accepting more than 17 rounds of ammunition shall not, without more, be sufficient evidence that the ammunition feeding device can readily be converted to hold more than 17 rounds of ammunition.
(3) "Licensed firearms dealer" means a person licensed under Chapter 9 of Title 24 or 18 U.S.C. § 921 et seq.
(4) "Qualified retired law-enforcement officer" means as defined under § 1441B(c) of this title.

Possession of a weapon in a safe recreation zone; class D, E, or F felony; class A or B misdemeanor
(a) Any person who commits any of the offenses described in subsection (b) of this section, or any juvenile who possesses a firearm and does so while in or on a "Safe Recreation Zone" shall be guilty of the crime of possession of a weapon in a Safe Recreation Zone.
(b) The underlying offenses in Title 11 shall be:
(1) Section 1442. - Carrying a concealed deadly weapon; class G felony; class D felony.
(2) Section 1444. - Possessing a destructive weapon; class E felony.
(3) Section 1446. - Unlawfully dealing with a switchblade knife; unclassified misdemeanor.
(4) Section 1448. - Possession and purchase of deadly weapons by persons prohibited; class F felony.
(5) Section 1452. - Unlawfully dealing with knuckles-combination knife; class B misdemeanor.
(6) Section 1453. - Unlawfully dealing with martial arts throwing star; class B misdemeanor.
(7) Section 1466. - Manufacture, sale, transport, transfer, purchase, receipt, and possession of assault weapons; class E or F felony.
(c) For the purpose of this section:
(1) "Constable" means an individual who licensed under Chapter 56 of Title 24.
(2) "Firearm" means as defined in § 222 of this title and includes a destructive weapon as defined in § 1444(a) and (c) of this title and includes BB guns.
(3) "Police officer" means as defined in § 8401 of this title.
(4) "Safe Recreation Zone" means any building or structure owned, operated, leased or rented by any county or municipality, or by the State, or by any board, agency, commission, department, corporation or other entity thereof, or by any private organization, which is utilized as a recreation center, athletic field or sports stadium.
(d) Nothing in this section shall be construed to preclude or otherwise limit a prosecution of or conviction for a violation of this chapter or any other provision of law. A person may be convicted both of the crime of possession of a weapon in a Safe Recreation Zone and of the underlying offense as defined elsewhere by the laws of the State.
(e) It shall not be a defense to a prosecution for a violation of this section that the person was unaware that the prohibited conduct took place on or in a Safe Recreation Zone.
(f) [Repealed.]
(g) [Repealed.]
(h) This section does not apply to any of the following:
(1) A police officer.
(2) A constable employed by a recreation zone who is acting in that capacity within a Safe Recreation Zone.
(i) [Repealed.]
(j) The penalty for possession of a weapon in a Safe Recreation Zone shall be:
(1) If the underlying offense is a class B misdemeanor, the crime shall be a class A misdemeanor;
(2) If the underlying offense is an unclassified misdemeanor, the crime shall be a class B misdemeanor;
(3) If the underlying offense is a class E, F, or G felony, the crime shall be one grade higher than the underlying offense.
(4) If the underlying offense is a class D felony, the crime shall also be a class D felony.
(5), (6) [Repealed.]

(a) As used in this section:
(1) "Constable" means as licensed under Chapter 56 of Title 24.
(2) "Firearm" means as defined in § 222 of this title and includes a destructive weapon as defined in § 1444(a) and (c) of this title and includes BB guns.
(3) "Police officer" means as defined in § 8401 of this title.
(4) "Qualified retired law-enforcement officer" means as defined in § 1441B of this title.
(5) "Safe School Zone" means all of the following:
a. Any building, structure, athletic field, sports stadium or real property owned, operated, leased or rented by any public or private school including any kindergarten elementary, secondary, or vocational-technical school.
b. Any motor vehicle owned, operated, leased, or rented by any public or private school including any kindergarten, elementary, secondary, or vocational-technical school.
(b) Any person who knowingly possesses a firearm while in or on a Safe School Zone shall be guilty of the crime of possession of a firearm in a Safe School Zone.
(c) Subsection (b) of this section shall not apply to any of the following:
(1) A police officer.
(2) A constable employed by a school or school district who is acting in an official capacity within a Safe School Zone.
(3) An active-duty member of the United States Armed Forces or Delaware National Guard who is acting in an official capacity within a Safe School Zone.
(4) A holder of a valid license to carry concealed deadly weapons under § 1441 but only if the firearm is in a vehicle.
(5) Employees of the Department of Services for Children, Youth, and Their Families who are authorized by the Secretary of the Department to carry a firearm while acting in the employee's official capacity."
(6) Probation and parole officers acting within the officer's official capacity.
(7) A qualified retired law-enforcement officer who is employed or contracted by a school or school district to assist with security or investigations and who is acting in an official capacity within a Safe School Zone.
(d) Subsection (b) of this section does not apply to the possession of a firearm in any of the following circumstances:
(1) On private property not part of school grounds.
(2) A firearm in a locked container or locked firearms rack that is in or on a motor vehicle.
(3) When engaged in lawful hunting, firearm instruction, or firearm-related sports on public lands, other than those belonging to a public or private school.
(e) A person who violates this section is guilty of a class E felony.
(f) In the event that an elementary or secondary school student possesses a firearm in a Safe School Zone, in addition to any other penalties contained in this section, the student shall be expelled by the local school board or charter school board of directors for a period of not less than 180 days unless otherwise provided for in federal or state law. The local school board or charter school board of directors may, on a case-by-case basis, modify the terms of the expulsion to less than 180 days.

(a) As used in this section:
(1)
a. "Election Day" means a day on which in-person voting is offered at a polling place, and includes early voting under Chapter 54 of Title 15, for any of the following elections:
1. Primary, general, or special election.
2. School election conducted by the Department of Elections pursuant to Title 14 or Title 15.
3. Municipal election conducted in accordance with the municipality's charter, ordinance, or code.
b. "Election Day" includes 2 hours before the polls open until 2 hours after the polls close.
(2) "Firearm" means as defined in § 222 of this title.
(3)
a. "Polling place" means one of the following locations in the state:
1. Designated by the Department of Elections for in-person voting under §§ 4512 and 5402 of Title 15.
2. Designated in accordance with a municipality's charter, ordinance, or code for in-person voting on an Election Day.
3. Designated by the Department of Elections for the tabulation and counting of votes.
4. Department of Elections office locations where sealed absentee ballot envelopes may be returned under the provisions of § 5507 of Title 15.
(3)
(b) "Polling Place" shall not mean an area outside of the actual polling place, such as parking areas or adjoining structures that are not part of the polling place.
(b) Except as otherwise provided under subsection (c) of this section, a person who knowingly possesses a firearm at polling place on Election Day is guilty of possession of a firearm at a polling place.
(c) Subsection (b) of this section does not apply if at the time of an alleged violation the person is any of the following:
(1) Legally in possession of a firearm within a private residence located at a polling place.
(2) Engaged in lawful hunting, firearm instruction, or firearm-related sports on public lands that are designated for such activity, other than those being used as a polling place on Election Day.
(3) Employed as any of the following:
a. A law-enforcement officer, as defined in § 222 of this title.
b. A commissioned security guard, as defined under § 1302 of Title 24, who is acting in an official capacity at a polling place on Election Day.
c. A constable, as licensed under Chapter 56 of Title 24, who is acting in an official capacity at a polling place on Election Day.
d. An active-duty member of the United States Armed Forces or Delaware National Guard, who is acting in an official capacity at a polling place on Election Day.
(d) It is an affirmative defense that a person was legally in possession of a firearm and was only traveling through the polling place to reach private property located therein or to leave private property therein to reach a location outside the polling place. This defense is not available to any person who committed any of the following acts or conspired to commit any of the following acts:
(1) Intimidation of voters
(2) Interference with the election.
(3) Traveling through the polling place with a firearm for any purpose other than reaching a permitted destination.
(e) It is not a defense if the person was unaware that the person possessed a firearm at polling place on Election Day.
(f) Possession of a firearm at a polling place is a class A misdemeanor.
(g) The Superior Court has exclusive jurisdiction over offenses under this section.
(h) The Department of Elections shall post signs at the entrance of each polling place on election day to notify the public that firearms are not permitted at the polling place.

Any person who is at least 18 years old and legally entitled to carry a firearm can open carry in the state of Delaware.

In Delaware, no-weapons signs do not have the force of law

Possession of firearm while under the influence
(a) A person is guilty of possession of a firearm while under the influence of alcohol or drugs when the person possesses a firearm in a public place while under the influence of alcohol or drugs. It shall be an affirmative defense to prosecution under this section that, the firearm was not readily operable, or that the person was not in possession of ammunition for the firearm. The Superior Court shall have original and exclusive jurisdiction over a violation of this section.
(b) For purposes of this section, the following definitions shall apply:
(1) "Not readily operable" means that the firearm is disassembled, broken down, or stored in a manner to prevent its immediate use.
(2) "Possess," "possession" or "possesses" means that the person has the item under his or her dominion and authority, and that said item is at the relevant time physically available and accessible to the person.
(3) "Public place" means a place to which the public or a substantial group of persons has access and includes highways, transportation facilities, schools, places of amusement, parks, playgrounds, restaurants, bars, taverns, and hallways, lobbies and other portions of apartment houses and hotels not constituting rooms or apartments designed for actual residence.
(4) "Under the influence of alcohol or drugs" means:
a. Having an amount of alcohol in a sample of the person's blood equivalent to .08 or more grams of alcohol per hundred milliliters of blood, or an amount of alcohol in a sample of breath equivalent to .08 or more grams per 210 liters of breath. A person shall be guilty, without regard to the person's alcohol concentration at the time of possession of a firearm in violation thereof, if such person's alcohol concentration is .08 or more within 4 hours after the person was found to be in possession of a firearm, and that alcohol concentration is the result of an amount of alcohol present in, or consumed by such person when that person was in possession of a firearm; or
b. Being manifestly under the influence of alcohol or any illicit or recreational drug, as defined in § 4177(c)(8) of Title 21, or any other drug not administered or prescribed to be taken by a physician, to the degree that the person may be in danger or endanger other persons or property, or annoy persons in the vicinity,
provided that no person shall be "under the influence of alcohol or drugs" for purposes of this section when the person has not used or consumed an illicit or recreational drug prior to or during an alleged violation, but has only used or consumed such drug after the person has allegedly violated this section and only such use or consumption after such alleged violation caused the person's blood to contain an amount of alcohol or drug or an amount of a substance or compound that is the result of the use or consumption of the drug within 4 hours after the time of the alleged violation thereof.(c) A law-enforcement officer who has probable cause to believe that a person has violated this section may, with or without the consent of the person, take reasonable steps to conduct chemical testing to determine the person's alcohol concentration or the presence of illicit or recreational drugs. A person's refusal to submit to chemical testing shall be admissible in any trial arising from a violation of this section.
(d)
(1) Except as provided in paragraph (d)(2) of this section, possession of a firearm while under the influence is a class A misdemeanor.
(2) Possession of a firearm while under the influence is a class G felony if the conviction is for an offense that was committed after a previous conviction for possession of a firearm while under the influence.
Del. Code tit. 11 § 1460

COMING SOON!

Unsafe storage of a firearm; class a or b misdemeanor
(a)
(1) A person is guilty of unsafe storage of a firearm when the person intentionally or recklessly stores or leaves a loaded firearm in a place other than a vehicle within the reach or easy access of an unauthorized person, the unauthorized person obtains the firearm, and all of the following applies:
a. The firearm was not stored in a locked box or container.
b. The firearm was not disabled with a tamper-resistant trigger lock which was properly engaged so as to render the firearm inoperable by a person other than the owner or other lawfully-authorized user.
c. The firearm was not stored in a location that a reasonable person would have believed to be secure from access by an unauthorized person.
d. The unauthorized person did not obtain the firearm as the result of an unlawful entry by any person.
(2) For the purposes of this section:
a. "Stores or leaves" does not mean when the firearm is carried by or under the control of the owner or other lawfully-authorized user.
b. "Unauthorized person" means a child or person prohibited by state or federal law from owning or possessing a firearm.
c. "Locked container" means a secure container that is fully enclosed and locked by a padlock, keylock, combination lock, or similar locking device that when properly engaged to render the firearm inaccessible by any individual other than the owner or an authorized person. "Locked container" does not include the glove compartment of a motor vehicle, unless the glove compartment can be manually locked to render the firearm inaccessible by any individual other than the owner or an authorized person.
(b) A person is guilty of unsafe storage of a firearm in a vehicle when the person knowingly leaves a firearm unattended in a vehicle, and the firearm is not stored in any of the following:
(1) A locked box or container.
(2) A locked firearms rack that is on a motor vehicle.
(3) Locked in the trunk of the vehicle.
(c)
(1) Unsafe storage of a firearm is a class B misdemeanor if paragraphs (c)(2)a., b., or c. of this section do not apply.
(2) Unsafe storage of a firearm is a class A misdemeanor if the unauthorized person does any of the following:
a. Commits or attempts to commit a crime with the firearm.
b. Uses the firearm to inflict serious physical injury or death upon any person, including the unauthorized person.
c. Transfers or attempts to transfer the firearm to another unauthorized person.
(d)
(1) Unsafe storage of a firearm in a vehicle under subsection (b) of this section is a class B misdemeanor if paragraphs (d)(2) a.,b., or c. of this section do not apply.
(2) Unsafe storage of a firearm in a vehicle is a class A misdemeanor if an unauthorized person obtains the firearm, and the unauthorized person does any of the following with the firearm:
a. Commits or attempts to commit a crime with the firearm.
b. Uses the firearm to inflict serious physical injury or death upon any person.
c. Transfers or attempts to transfer the firearm to an unauthorized person.
(d) The Superior Court has jurisdiction over an offense under this section.
(e) It is not an offense under this section if the firearm was manufactured in or before the year 1899 or is a replica of such firearm if the replica is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition.
(g) It is not a defense to subsection (b) of this section that the defendant has been issued an otherwise valid license to carry a concealed deadly weapon pursuant to terms of § 1441 of this title.
Del. Code tit. 11 § 1456

Report of loss, theft of firearm
(a) Any owner of a firearm, defined in 11 Delaware Code §222, shall report the loss or theft of the firearm within 7 days after the discovery of the loss or theft to either (1) the law enforcement agency having jurisdiction over the location where the loss or theft of the firearm occurred or (2) any State Police Troop.
(b) Whoever is convicted of a violation of this section shall:
(1) For the first offense, be guilty of a violation and be subject to a civil penalty of not less than $75.00 nor more than $100.00.
(2) For a second offense committed at any time after the sentencing or adjudication of a first offense, be guilty of a violation and be subject to a civil penalty of not less than $100.00 nor more than $250.00.
(3) For a third or subsequent offense committed at any time after the sentencing or adjudication of a second offense, be guilty of a class G felony.
Del. Code tit. 11 § 1461

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.
Del. Code tit. 11 § 1902

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 person. The arrest may be for the illegal possession of the weapon.
Del. Code tit. 11 § 1903

COMING SOON!

Justification - use of force in self-protection
(a) The use of force upon or toward another person is justifiable when the defendant reasonably believes that such force is immediately necessary for the purpose of protecting the defendant against the use of unlawful force by the other person on the present occasion.
(b) Except as otherwise provided in subsections (d) and (e) of this section, a person employing protective force may estimate the necessity thereof under the circumstances as the person reasonably believes them to be when the force is used, without retreating, surrendering possession, doing any other act which the person has no legal duty to do or abstaining from any lawful action.
(c) The use of deadly force is justifiable under this section if the defendant reasonably believes that such force is necessary to protect the defendant against death, serious physical injury, kidnapping or sexual intercourse compelled by force or threat.
(d) The use of force is not justifiable under this section to resist an arrest which the defendant knows or should know is being made by a peace officer, whether or not the arrest is lawful.
(e) The use of deadly force is not justifiable under this section if:
(1) The defendant, with the purpose of causing death or serious physical injury, provoked the use of force against the defendant in the same encounter; or
(2) The defendant knows that the necessity of using deadly force can be avoided with complete safety by retreating, by surrendering possession of a thing to a person asserting a claim of right thereto or by complying with a demand that the defendant abstain from performing an act which the defendant is not legally obligated to perform except that:
a. The defendant is not obliged to retreat in or from the defendant's dwelling; and
b. The defendant is not obliged to retreat in or from the defendant's place of work, unless the defendant was the initial aggressor; and
c. A public officer justified in using force in the performance of the officer's duties, or a person justified in using force in assisting an officer or a person justified in using force in making an arrest or preventing an escape, need not desist from efforts to perform the duty or make the arrest or prevent the escape because of resistance or threatened resistance by or on behalf of the person against whom the action is directed.
Del. Code tit. 11 § 464

Justification - use of force for the protection of other persons
(a) The use of force upon or toward the person of another is justifiable to protect a third person when:
(1) The defendant would have been justified under § 464 of this title in using such force to protect the defendant against the injury the defendant reasonably believes to be threatened to the person whom the defendant seeks to protect; and
(2) Under the circumstances as the defendant reasonably believes them to be, the person whom the defendant seeks to protect would have been justified in using such protective force; and
(3) The defendant reasonably believes that intervention is necessary for the protection of the other person.
(b) Although the defendant would have been obliged under § 464 of this title to retreat, to surrender the possession of a thing or to comply with a demand before using force in self-protection, there is no obligation to do so before using force for the protection of another person, unless the defendant knows that the defendant can thereby secure the complete safety of the other person.
(c) When the person whom the defendant seeks to protect would have been obliged under § 464 of this title to retreat, to surrender the possession of a thing or to comply with a demand if the person knew that the person could obtain complete safety by so doing, the defendant is obliged to try to cause the person to do so before using force in the person's protection if the actor knows that complete safety can be secured in that way.
(d) Neither the defendant nor the person whom the defendant seeks to protect is obliged to retreat when in the other's dwelling or place of work to any greater extent than in their own.
Del. Code tit. 11 § 465

Justification - use of force in law enforcement
(a) The use of force upon or toward the person of another is justifiable when:
(1) The defendant is making an arrest or assisting in making an arrest and reasonably believes that such force is immediately necessary to effect the arrest; or
(2) The defendant is attempting to arrest an individual that has taken a hostage, and refused to comply with an order to release the hostage; and
a. The defendant reasonably believes that the use of force is necessary to prevent physical harm to any person taken hostage; or
b. The defendant has been ordered by an individual the defendant reasonably believes possesses superior authority or knowledge to apply the use of force.
(b) The use of force is not justifiable under this section unless:
(1) The defendant makes known the purpose of the arrest or reasonably believes that it is otherwise known or cannot reasonably be made known to the person to be arrested; and
(2) When the arrest is made under a warrant, the warrant is valid or reasonably believed by the defendant to be valid; or
(3) When the arrest is made without a warrant, the defendant reasonably believes the arrest to be lawful.
(c) The use of deadly force is justifiable under this section if all other reasonable means of apprehension have been exhausted, and:
(1) The defendant reasonably believes the arrest is for any crime involving physical injury or threat thereof, and the deadly force is directed at a vehicle to disable it for the purpose of effecting the arrest, or the defendant reasonably believes the arrest is for a felony involving physical injury or threat thereof;
(2) The defendant reasonably believes that the force employed creates no substantial risk of injury to innocent persons; and
(3) The defendant reasonably believes that there is a substantial risk that the person to be arrested will cause death or serious physical injury, or will never be captured if apprehension is delayed.
(d) The use of force to prevent the escape of an arrested person from custody is justifiable when the force could justifiably have been employed to effect the arrest under which the person is in custody, except that a guard or other person authorized to act as a peace officer is justified in using any force, including deadly force, which the person reasonably believes to be immediately necessary to prevent the escape of a person from a jail, prison or other institution for the detention of persons charged with or convicted of a crime.
(e) The use of force upon or toward the person of another is justifiable when the defendant reasonably believes that such force is immediately necessary to prevent such other person from committing suicide, inflicting serious physical injury upon the person's self or committing a crime involving or threatening physical injury, damage to or loss of property or a breach of the peace, except that the use of deadly force is not justifiable under this subsection unless:
(1) The defendant reasonably believes that there is a substantial risk that the person whom the defendant seeks to prevent from committing a crime will cause death or serious physical injury to another unless the commission of the crime is prevented and that the use of deadly force presents no substantial risk of injury to innocent persons; or
(2) The defendant reasonably believes that the use of deadly force is necessary to suppress a riot or mutiny after the rioters or mutineers have been ordered to disperse and warned, in any manner that the law may require, that such force will be used if they do not obey.
(f) The use of deadly force is justifiable under this section if the defendant is attempting to arrest an individual that has taken a hostage, and has refused to comply with an order to release the hostage; and
(1) The defendant reasonably believes that the use of force is necessary to prevent physical harm to any person taken hostage, or the defendant has been ordered by an individual the defendant reasonably believes possesses superior authority or knowledge to apply the use of force; and
(2) The defendant reasonably believes that the force employed creates no substantial risk of injury to innocent persons; and
(3) The defendant or a person of superior authority or knowledge who order the use of deadly force reasonably believes that there is a substantial risk that the person to be arrested will cause death or serious physical injury.
Del. Code tit. 11 § 467

Justification - Person unlawfully in dwelling
In the prosecution of an occupant of a dwelling charged with killing or injuring an intruder who was unlawfully in said dwelling, it shall be a defense that the occupant was in the occupant's own dwelling at the time of the offense, and:
(1) The encounter between the occupant and intruder was sudden and unexpected, compelling the occupant to act instantly; or
(2) The occupant reasonably believed that the intruder would inflict personal injury upon the occupant or others in the dwelling; or
(3) The occupant demanded that the intruder disarm or surrender, and the intruder refused to do so.
Del. Code tit. 11 § 469

Justification - use of force for the protection of property
(a) The use of force upon or toward the person of another is justifiable when the defendant reasonably believes that such force is immediately necessary:
(1) To prevent the commission of criminal trespass or burglary in a building or upon real property in the defendant's possession or in the possession of another person for whose protection the defendant acts; or
(2) To prevent entry upon real property in the defendant's possession or in the possession of another person for whose protection the defendant acts; or
(3) To prevent theft, criminal mischief or any trespassory taking of tangible, movable property in the defendant's possession or in the possession of another person for whose protection the defendant acts.
(b) The defendant may in the circumstances named in subsection (a) of this section use such force as the defendant reasonably believes is necessary to protect the threatened property, provided that the defendant first requests the person against whom force is used to desist from interference with the property, unless the defendant reasonably believes that:
(1) Such a request would be useless; or
(2) It would be dangerous to the defendant or another person to make the request; or
(3) Substantial harm would be done to the physical condition of the property which is sought to be protected before the request could effectively be made.
(c) The use of deadly force for the protection of property is justifiable only if the defendant reasonably believes that:
(1) The person against whom the force is used is attempting to dispossess the defendant of the defendant's dwelling otherwise than under a claim of right to its possession; or
(2) The person against whom the deadly force is used is attempting to commit arson, burglary, robbery or felonious theft or property destruction and either:
a. Had employed or threatened deadly force against or in the presence of the defendant; or
b. Under the circumstances existing at the time, the defendant reasonably believed the use of force other than deadly force would expose the defendant, or another person in the defendant's presence, to the reasonable likelihood of serious physical injury.
(d) Where a person has used force for the protection of property and has not been convicted for any crime or offense connected with that use of force, such person shall not be liable for damages or be otherwise civilly liable to the one against whom such force was used.
Del. Code tit. 11 § 466

COMING SOON!

COMING SOON!

Provisions generally applicable to justification
(a) When the defendant reasonably believes that the use of force upon or toward the person of another is necessary for any of the purposes for which such relief would establish a justification under §§ 462-468 of this title but the defendant is reckless or negligent in having such belief or in acquiring or failing to acquire any knowledge or belief which is material to the justifiability of the use of force, the justification afforded by those sections is unavailable in a prosecution for an offense for which recklessness or negligence, as the case may be, suffices to establish culpability.
(b) When the defendant is justified under §§ 462-468 of this title in using force upon or toward the person of another but the defendant recklessly or negligently injures or creates a risk of injury to innocent persons, the justification afforded by those sections is unavailable in a prosecution for an offense involving recklessness or negligence towards innocent persons.
Del. Code tit. 11 § 470

Definitions relating to justification
(a) "Deadly force" means force which the defendant uses with the purpose of causing or which the defendant knows creates a substantial risk of causing death or serious physical injury, including the use of a chokehold as "chokehold" is defined under § 607A of this title. Purposely firing a firearm in the direction of another person or at a vehicle in which another person is believed to be constitutes deadly force. A threat to cause death or serious bodily harm, by the production of a weapon or otherwise, so long as the defendant's purpose is limited to creating an apprehension that deadly force will be used if necessary, does not constitute deadly force.
(b) "Dwelling" means any building or structure, though movable or temporary, or a portion thereof, which is for the time being the defendant's home or place of lodging.
(c) "Force," in addition to its ordinary meaning, includes confinement.
(d) "Physical force" means force used upon or directed toward the body of another person.
(e)
(1) "Reasonably believes", when applied to a defendant who is not a law enforcement officer acting in the officer's official capacity, means holds a belief that is reasonable from the viewpoint of a reasonable person in the defendant's situation under the circumstances.
(2) "Reasonably believes", when applied to a defendant who is a law enforcement officer acting in the officer's official capacity, means holds a belief that is reasonable from the viewpoint of a reasonable law enforcement officer in the defendant's situation under the circumstances.
(f) "Unlawful force" means force which is employed without the consent of the person against whom it is directed and the employment of which constitutes an offense or actionable tort or would constitute such offense or tort except for a defense (such as the absence of intent, negligence or mental capacity; duress; youth; or diplomatic status) not amounting to a privilege to use the force. Assent constitutes consent, within the meaning of this section, whether or not it otherwise is legally effective, except assent to the infliction of death or serious bodily harm.
Del. Code tit. 11 § 471

Mitigating factors and defenses based on a victim's sexual orientation, sex, gender, gender identity, or sex assigned at birth
(a) Notwithstanding any other provision of this Criminal Code, in any prosecution or sentencing for an offense, a defendant is not justified in using force against another based on the discovery of, knowledge or belief about, or the potential or actual disclosure of the victim's actual or perceived sexual orientation, sex, gender, gender identity, or sex assigned at birth.
(b) Notwithstanding any other provision of this Criminal Code, in any prosecution or sentencing for an offense, for the purposes of determining whether there is a reasonable explanation or excuse for the existence of extreme emotional disturbance or other asserted mitigating factor or circumstance, such explanation or excuse is not reasonable if it is based on the discovery of, knowledge or belief about, or the potential or actual disclosure of the victim's actual or perceived sexual orientation, sex, gender, gender identity, or sex assigned at birth.
(c) Notwithstanding any other provision of this Criminal Code, in any prosecution or sentencing for an offense, a defendant does not suffer from a mental illness, mental defect, mental disorder, serious mental disorder, psychiatric disorder, or other impairment affecting or impacting the defendant's mental state relating to any questions of intent; knowledge; capacity to appreciate the wrongfulness of the defendant's conduct; disturbance of the defendant's thinking, feeling, or behavior; culpability; willpower to choose whether to do or refrain from doing an act; or ability to distinguish right from wrong, based on the discovery of, knowledge or belief about, or the potential or actual disclosure of the victim's actual or perceived sexual orientation, sex, gender, gender identity, or sex assigned at birth.
Del. Code tit. 11 § 472

Cruelty to animals

(b) A person is guilty of cruelty to animals when the person intentionally or recklessly:
(1) Subjects any animal to cruel mistreatment; or
(2) Subjects any animal in the person's custody to cruel neglect; or
(3) Kills or injures any animal belonging to another person without legal privilege or consent of the owner; or

(4) Cruelly or unnecessarily kills or injures any animal . This section does not apply to the killing of any animal normally or commonly raised as food for human consumption, provided that such killing is not cruel. A person acts unnecessarily if the act is not required to terminate an animal's suffering, to protect the life or property of the actor or another person or if other means of disposing of an animal exist which would not impair the health or well-being of that animal;

Del. Code tit. 11 § 1325