State Gun Laws

In these gun laws pages, we refer to both “federal gun laws” and “state gun laws.”  The major difference between the two has to do with who makes the law, who prosecutes someone who violates the law, and what the penalty is for breaking the law.

One reason why it is important for you to know that there are these two sets of gun laws is so that you can understand all of the possible ways that the abuser might be breaking the law, and you can better protect yourself.  Throughout this section, we will be referring mostly to state laws.  Be sure to also read our Federal Gun Laws pages to see if any federal laws apply to your situation as well.  You will need to read both state and federal laws to see which ones, if any, the abuser might be violating.

If you are calling the police because you believe the abuser has violated a gun law, you do not necessarily need to be able to tell the police which law was violated (state versus federal) but local police cannot arrest someone for violating federal law, only for violating state/local laws.  Only federal law enforcement, the Bureau of Alcohol, Tobacco and Firearms (“ATF”), can arrest someone for violating federal laws.  If the local police believe that a state law is being violated, they could arrest the abuser and hand the case over to the state prosecutor.  If the local police believe a federal law is being violated, hopefully, the police department will notify the ATF or perhaps the U.S. Attorney’s office in your state (which is the federal prosecutor).  For information on how you can contact ATF directly to report the violation of federal gun laws, go to Who do I notify if I think the abuser should not have a gun? If the abuser is breaking both state and federal laws, s/he might be prosecuted in both state and federal court.

Under Delaware state law, it is against the law for someone to buy, own, have, or control a firearm, another deadly weapon, or ammunition if they were:

• convicted in any state of a felony or a crime of violence that involved physically injuring another person, whether or not a weapon was used during the crime;
• a “fugitive from justice” from a case in which they are accused of a felony;
• convicted in any court of a misdemeanor crime of domestic violence, as defined in Delaware law Title 11, Section 1448(a)(7);
• convicted for the unlawful use, possession, or sale of a narcotic, dangerous drug, central nervous system depressant or stimulant, or controlled substance;
• determined to be a juvenile delinquent for conduct which, if committed by an adult, would be a felony (if this is the case, the firearm prohibition may last until they turn 25 years old);
• the respondent on a family court protection from abuse order, unless the protection order was issued only based on one or more of these acts of abuse:
  • engaging in a course of alarming or distressing conduct in a manner which is likely to cause fear or emotional distress or to provoke a violent or disorderly response;
  • trespassing on or in another person’s property, or on or in property from which the trespasser has been excluded by court order;
  • any other conduct which a reasonable person under the circumstances would find threatening or harmful;¹
• involuntarily committed for a mental condition;
• charged with a crime of violence as an adult or a juvenile, but determined to be:
  • not guilty by reason of insanity;
  • guilty but mentally ill;
  • mentally incompetent to stand trial;
• subject to an order of relinquishment;
• subject to a lethal violence protection order;
• under age 18, although certain exceptions apply for lawful hunting, instruction, sporting, or recreational activity while under the direct supervision of an adult;²
• the subject of an outstanding arrest warrant, post-arrest charges, or an active indictment or information against them for any felony or for a misdemeanor crime of domestic violence; or
• in possession of a semi-automatic or automatic firearm, or a handgun while having illegal drugs (a controlled substance) at the same time.³

Also, federal laws, which apply to all states, make it illegal for an abuser to have a gun if you have a restraining order against them that meets certain requirements or if they have been convicted of certain crimes. Go to Federal Gun Laws to get more information.

¹ Del. Code tit. 11, § 1448(a)(6); Del. Code tit. 11, § 1041(1)(d), (1)(e), (1)(i)
² Del. Code tit. 11, § 1448(a)(5); Birney v. Delaware Dep’t of Safety & Homeland Sec., No. K23C-07-019 RLG, 2025 WL 2836751 (Del. Super. Ct. Aug. 29, 2025)
³ Del. Code tit. 11, § 1448(a)(1)-(9), (a)(11)-(12); see Del. Code tit. 11, § 222(6), (13) for the definitions of “firearms” and “deadly weapons”