State Gun Laws

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”