State Gun Laws

Even if you don’t have an order of protection against the abuser, and they have not been convicted of a crime, there are other reasons why it could be illegal for them to have a gun. In Delaware, it is also illegal for the following people to have a firearm, another deadly weapon, or ammunition:

• a person who was involuntarily committed for a mental condition;
• a person who was charged with a crime of violence as an adult or juvenile but was determined to be:
  • not guilty by reason of insanity;
  • guilty but mentally ill;
  • mentally incompetent to stand trial;
• a person who is subject to an order of relinquishment;
• a person who is subject to a lethal violence protection order;
• a minor under age 18, although certain exceptions apply for lawful hunting, instruction, sporting, or recreational activity while under the direct supervision of an adult;¹
• a person who doesn’t come to court when they know they are the defendant or co-defendant in a felony criminal case (a “fugitive from justice”);
• a person who has an outstanding arrest warrant, post-arrest charges, or an active indictment or information against them for any felony or a misdemeanor crime of domestic violence; or
• a person who has a semi-automatic or automatic firearm or a handgun and at the same time has illegal drugs (a controlled substance).²

If none of these situations apply, you can still make a plan for your safety. See our Safety Planning page for more information. You can also contact your local domestic violence organization for additional help. You may want to talk to them about whether leaving the area - either long-term or for a little while - might help improve your safety. To find a shelter or an advocate at a local program, please visit the Delaware Advocates and Shelters page under the Places that Help tab at the top of this page.

For additional information on gun laws in Delaware, you can go to the Giffords Law Center website.

Also, federal laws, which apply to all states, restrict an abuser’s right to have a gun under other circumstances. Go to Federal Gun Laws to get more information.

¹ 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)
² Del. Code tit. 11, § 1448(a)(2)-(5), (a)(8)-(9), (a)(11)-(12)