Delaware Firearms Regulatory Overview
Delaware has moved toward stricter firearms regulation in recent years. The state has enacted an assault weapons ban, magazine capacity limits, and expanded background check requirements. Delaware is a NICS direct-contact state but layers several state-specific requirements on top of the federal framework.
Background Checks
Delaware uses the FBI's NICS system directly for background checks. The standard federal three-business-day default proceed applies. Delaware Concealed Deadly Weapons Licenses (CDWLs) do not qualify as a NICS alternative — every buyer must undergo a NICS check.
Delaware requires background checks for all firearms transfers, including private sales. Every private party transfer must go through a licensed dealer, who completes the 4473 and conducts the NICS check. The only exemptions are transfers between immediate family members.
Assault Weapons & Magazine Restrictions
Delaware enacted an assault weapons ban that prohibits the sale, manufacture, and possession of assault weapons as defined by the statute. The law uses both a named firearms list and feature-based criteria. Dealers must be familiar with the specific definitions to ensure no prohibited firearms are sold.
Magazine capacity is limited to 17 rounds. Magazines capable of accepting more than 17 rounds cannot be sold or transferred in Delaware. This applies to magazines that ship with new firearms — if a firearm comes with a magazine exceeding the limit, the magazine must be replaced or modified before the sale.
Purchase Requirements
Delaware requires purchasers to be at least 21 for handguns (consistent with federal law for dealer sales) and 18 for long guns. The state requires completion of a firearms transaction form in addition to the federal 4473. This state form captures additional information and must be retained with your records.
A voluntary waiting period was enacted, though specific provisions should be verified against current statute as Delaware's legislative landscape continues to evolve.
State Dealer Requirements
Delaware requires firearms dealers to hold both a federal FFL and comply with state business licensing requirements. Dealers must maintain detailed records of all transactions and make them available for inspection by Delaware law enforcement. State inspections are separate from ATF inspections.
Limited Preemption
Delaware has limited state preemption. While the state generally preempts local regulation of firearms, some municipalities may have additional requirements. Verify local ordinances in your jurisdiction, particularly in Wilmington and other urban areas where additional regulations may apply.
Delaware Recordkeeping
In addition to federal recordkeeping requirements, Delaware requires dealers to maintain state transaction records and make them available to law enforcement. Keep your state and federal records organized together — you may face inspections from both the ATF and Delaware law enforcement, and having integrated records streamlines both processes.
See How Bravo Handles State Compliance
Federal + state compliance in one system. 4473 validation, bound book automation, and state-specific workflows built in.
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