
Concealed Carry in Delaware
Delaware concealed carry laws are clear: it is a class D felony to carry a concealed firearm upon or about the person without a license to carry concealed deadly weapons, according to 11 Del. C. 5 § 1442
The permit will be a necessity for residents looking to carry in-state, but non-residents have options to carry in Delaware as well, either through reciprocity agreements or a temporary license. There are, of course, location restrictions throughout the state.
Here's a description of how to apply for the Delaware concealed carry permit, which locations restrict firearms and how reciprocity works within Delaware.
How To Apply For A Delaware Concealed Carry Permit

As a "may-issue" state, the Delaware concealed carry permit is issued only to residents at the state's discretion based on multiple criteria, but there is a statute that allows the state's attorney general to issue a temporary 30-day permit to nonresidents.
The Delaware Superior Court is the authority that grants the "concealed deadly weapon permit," but it only does so after an application is first investigated and then recommended by the attorney general's office.
The statute governing the application process is 11 Del. C. 5 § 1441, and it can be summarized in eight specific steps.
- Within 10 days prior to filing their application, the applicant must arrange to have their application (including their name and resident address) published by a county newspaper with a circulation of at least 35 percent of the population in the applicant's zip code. The applicant must also receive an affidavit from the newspaper verifying it was published.
- Fingerprints must be taken within 45 days of filing the application and the applicant must present receipt of this. It's for a background check.
- A reference questionnaire must be completed by five citizens within the county the applicant lives in, and they may not be family or reside at the same address.
- The application itself must be completed with a duplicate, and it must be notarized. Retired Delaware police officers use a different application system.
- Two color, passport-style photos must be included with the application and references.
- Include the $65 filing fee.
- Hand deliver or mail the application and its attachments to the appropriate Prothonotary's office.
- If and when the license application is approved (if it is denied, written notice will be given), the applicant will be notified and from there an approved course must be taken from one of Delaware's approved instructors and an original, notarized certificate from the course must also be submitted.
The course contents must comply with 1 Del. C. 5 § 1441 (3). The course will go over gun safety, handling, storage, training, firing, problem de-escalation and related topics.
The background check will verify criminal and mental health history and determine the applicant's eligibility based on state (1 Del. C. 5 § 1448) and federal (18 U.S.C. § 922[g][1-9]) requirements. The applicant must be of "full age" and good moral character.
Full age is defined as 18 years old, according to 1 Del. C. 7 § 701.
Once approved, the initial license is valid for three years and it may be renewed again for another five years.
The license, however, does not allow carry in specific locations throughout the state.
Delaware Gun Laws Enacted Locational Restrictions

Take into account that there are Delaware gun laws that restrict carrying the firearm in a few specific areas.
Firearms are restricted at buildings, structures, athletic fields, sports stadiums, properties and premises owned by public and private kindergarten, elementary and secondary schools. This restriction also includes colleges, universities and public recreation areas and all these locations are formally defined as Safe School and Recreation Zones, according to 1 Del. C. 5 § 1457.
Doing so may result in felony charges.
Note that Delaware has state preemption laws that restrict municipalities from enacting further prohibitions, restrictions and licensing requirements, according to 22 Del. C. 8 § 835.
Prisons and detention facilities are also a no-go for firearms. Federal buildings and other federally prohibited locations also apply. Refer to 18 U.S. Code § 930.
Firearms are prohibited in Delaware state parks, which was recently the subject of a court case that upheld the restriction.
There may be other locations throughout the state that administratively regulate firearms on the premises. Because this is not a comprehensive list of prohibited locations nor legal advice, please contact local authorities about further location restrictions.
There may be additional restrictions in state wildlife management areas, courthouses and casinos.
No matter where the carrier goes, however, they may not have possession of a firearm while under the influence. It can lead to a Class A misdemeanor. However, according to 11 Del. C. 5 § 1460, "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."
Delaware reciprocity agreements will affect nonresidents who are traveling within the state. A media report of one man stated he faced felony charges for traveling with a firearm to Delaware with a Tennessee permit on hand. The state dropped the charges, but it proves how important reciprocity is.
Delaware Concealed Carry Reciprocity

Delaware concealed carry reciprocity statutes outline that the attorney general has the responsibility to enforce full faith and credit and otherwise honor other states' permits when they, in turn, honor Delaware's permit.
But, the reciprocating state must have similarly strict outlines and procedures for their licensing system.
As it stands, Delaware releases annual lists of which states it recognizes. From January 2017 to January 2018, for example, there were 20 states it recognized. Those traveling from Idaho and South Dakota will need an enhanced permit, and those from North Dakota will need a Class 1 permit.
There are just shy of 25 states that Delawareans may travel to with their concealed firearm and permit, but note that they must abide by the other state's laws. This may result in a problem for those from Delaware who are 18 to 20 and have a permit — many states have a 21 year old age requirement.
Stay up to date on changes to reciprocity agreements by reviewing a CCW reciprocity map.
This guide is an only an introductory, informational touching point. If you have more information on laws or knowledge on restricted locations in Delaware, comment below!
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About The Author Jake Smith (@notjakesmith) is a copywriter and photographer based in the pacific northwest. He graduated from the University of Idaho with degrees in public relations and apparel. |