Reciprocity, prohibited places, transport & storage rules. 8 state-level rules for Delaware, each linked to its official government source.
Delaware requires a CCDW license for concealed carry. Open carry is legal WITHOUT a permit.
Delaware is may-issue for concealed carry. CCDW required for concealed. Open carry is LEGAL without permit. Must demonstrate proficiency. Del. Code tit. 11 §1441.
Delaware: Max 17 rounds (as of Dec 2022) Possessing large-capacity magazines may be a crime.
MAGAZINE CAPACITY RESTRICTIONS
DELAWARE LAW
RESTRICTED: Max 17 rounds (as of Dec 2022)
WHAT THIS MEANS FOR YOU
Magazines holding more than 17 rounds are prohibited. This applies to:
• Handgun magazines
• Rifle magazines
• Both factory and aftermarket magazines
• Magazines you bring from other states
Penalties: Possession of prohibited magazines can result in fines and criminal charges.
STATES WITH MAGAZINE LIMITS
| State | Limit | Notes |
|-------|-------|-------|
| CA | 10 rounds | Max 10 rounds. Large-capacity magazines prohibited... |
| CT | 10 rounds | Max 10 rounds (CGS § 53-202w)... |
| DC | 10 rounds | Max 10 rounds... |
| HI | 10 rounds | Max 10 rounds for pistols... |
| MA | 10 rounds | Max 10 rounds unless pre-ban... |
| MD | 10 rounds | Max 10 rounds... |
| NJ | 10 rounds | Max 10 rounds... |
| NY | 10 rounds | Max 10 rounds (7 for loading)... |
| OR | 10 rounds | Max 10 rounds (Measure 114, effective 2023)... |
| RI | 10 rounds | Max 10 rounds (effective June 2022)... |
IF TRAVELING FROM ANOTHER STATE
Warning: Magazines legal in your home state may be illegal here. Leave restricted magazines at home or face potential criminal charges.
FEDERAL FACILITIES
Note: Some federal facilities may have their own restrictions regardless of state law.
Delaware: Firearms prohibited in certain locations even with permit. Schools, federal buildings, courthouses, and state-specific restricted areas.
WHERE CONCEALED CARRY IS PROHIBITED
FEDERAL PROHIBITED LOCATIONS (ALL STATES)
• Schools and school grounds (Gun-Free School Zones Act - 1000 ft)
• Federal buildings and courthouses
• Post offices
• IRS offices
• VA facilities
• Military bases
• Amtrak trains and facilities
• Secured areas of airports (past TSA checkpoint)
DELAWARE STATE PROHIBITED LOCATIONS
Check state statutes for complete list.
PENALTIES FOR VIOLATION
• Federal locations: Federal felony charges
• State locations: Varies by state - typically misdemeanor, possible felony
• Permit revocation: Likely in most cases
• Criminal record: May affect future permit eligibility
SIGNS AND POSTINGS
Watch for "No Firearms" signs. In some states, these signs have force of law.
Delaware: Signs may not have force of law, but you can be asked to leave
PRIVATE PROPERTY
Property owners generally have the right to prohibit firearms. Respect posted signs and verbal requests.
WHEN IN DOUBT
If unsure whether carry is permitted, secure your firearm in your vehicle before entering.
Delaware: Castle Doctrine applies (home defense). In public, you may have a duty to retreat if safe before using force.
SELF-DEFENSE LAWS
DELAWARE LAW
Stand Your Ground: NO
Castle Doctrine: YES
Castle Doctrine. Duty to retreat in public.
WHAT THIS MEANS
Duty to Retreat: In public places, you may be required to retreat if you can do so safely before using deadly force. The Castle Doctrine protects you in your home.
CASTLE DOCTRINE
Delaware recognizes the Castle Doctrine, meaning:
• No duty to retreat in your home
• Presumption that intruders intend harm
• Greater legal protection for home defense
KEY LEGAL CONCEPTS
1. Reasonable belief: You must reasonably believe force is necessary
2. Imminent threat: The threat must be immediate
3. Proportional response: Force used should match the threat
4. Not the aggressor: You cannot claim self-defense if you started the conflict
AFTER A SELF-DEFENSE INCIDENT
1. Call 911 immediately
2. Request medical assistance if needed
3. State you were in fear for your life
4. Cooperate but exercise right to counsel
5. Do not give detailed statements without attorney
IMPORTANT WARNINGS
• Self-defense laws are complex and fact-specific
• Consult an attorney for legal advice
• Every use of force may be investigated
• Civil liability may exist even if criminally justified
Delaware has a Red Flag law (11 Del. C. § 1448). Courts can issue Extreme Risk Protection Orders to temporarily remove firearms.
RED FLAG LAWS (EXTREME RISK PROTECTION ORDERS)
DELAWARE STATUS
RED FLAG LAW IN EFFECT
Citation: 11 Del. C. § 1448
WHAT IS A RED FLAG LAW?
Extreme Risk Protection Orders (ERPOs), also known as "Red Flag" laws, allow courts to temporarily remove firearms from individuals who may pose a danger to themselves or others.
HOW ERPOS WORK (IN STATES THAT HAVE THEM)
1. Who can petition: Family members, law enforcement, sometimes medical professionals
2. Initial order: Judge may issue temporary order (often ex parte - without the subject present)
3. Hearing: Full hearing typically within 14-21 days
4. Duration: Usually 1 year, can be renewed
5. Firearms: Must be surrendered or transferred during order
STATES WITH RED FLAG LAWS
CA, CO, CT, DE, FL, HI, IL, IN, MA, MD, MI, MN, NJ, NM, NV, NY, OR, RI, VA, VT, WA
YOUR RIGHTS
If you receive an ERPO in Delaware:
• You have the right to a hearing
• You can present evidence and witnesses
• You can be represented by an attorney
• Orders can be contested and appealed
• Firearms must be returned when order expires (if not renewed)
FEDERAL NOTE
There is no federal Red Flag law, but some federal facilities may have similar policies.
Delaware: No duty to volunteer you are carrying. Must answer truthfully if asked
DUTY TO INFORM LAW ENFORCEMENT
DELAWARE REQUIREMENT
Type: Only if asked
Must answer truthfully if asked
WHAT THIS MEANS
You are not required to volunteer that you are carrying. However, if an officer asks, you must answer truthfully.
BEST PRACTICES
1. Keep your hands visible at all times
2. If asked, calmly state: 'Yes, I have a valid permit and am carrying.'
3. Do not reach for your firearm or permit unless instructed
4. Follow all officer instructions
5. Keep your permit with your driver's license for easy access
CONSEQUENCES OF NON-COMPLIANCE
Lying to an officer about carrying is a crime. If asked, always answer truthfully.
DURING TRAFFIC STOPS
• Keep hands on steering wheel
• Turn on interior light if dark
• Inform officer before reaching for documents
• Let officer control the situation
Delaware: Check local requirements for sign laws.
"NO FIREARMS" SIGN LAWS
DELAWARE LAW
Signs do NOT have force of law
Check state statutes for specific requirements.
WHAT THIS MEANS
Ignoring a sign is not automatically criminal. However, if the property owner asks you to leave and you refuse, you can be charged with trespassing.
STATES WHERE SIGNS HAVE FORCE OF LAW
AR, IL, KS, MO, NC, NM, OH, OK, SC, TN, TX, VA
STATES WHERE SIGNS DO NOT HAVE FORCE OF LAW
AZ, CO, FL, GA, MI, PA, WI
SIGN REQUIREMENTS
Even without force of law, signs indicate property owner's wishes:
• Clearly visible at entry points
• Specific language or symbols
• Proper size (varies by state)
• May require specific legal citations
TEXAS SPECIFIC (30.06/30.07)
Texas has unique signage:
• 30.06 Signs: Prohibit concealed carry
• 30.07 Signs: Prohibit open carry
• Must meet specific size and language requirements
• Violation is Class C misdemeanor
BEST PRACTICE
Regardless of whether signs have force of law, carrying where prohibited creates risk:
• Confrontation with property owners/staff
• Police involvement
• Potential permit issues
• When in doubt, secure firearm in vehicle
Delaware: With valid permit, carry in vehicle generally permitted. Without permit, check state requirements.
TRANSPORTING FIREARMS IN VEHICLES
DELAWARE RULES
Check state statutes for specific requirements.
GENERAL GUIDELINES
With Concealed Carry Permit:
• Loaded carry in vehicle typically permitted
• Keep permit accessible
• Follow duty-to-inform rules if stopped
Without Permit:
• Unloaded and cased recommended
• Separate ammunition from firearm
• Locked container or trunk preferred
• Check state-specific requirements
INTERSTATE TRAVEL (FOPA PROTECTION)
Federal law (18 U.S.C. § 926A) protects interstate transport if:
• Firearm is unloaded
• Not readily accessible from passenger compartment
• Ammunition stored separately
• Legal in both origin and destination states
Note: FOPA does not protect stopping in restrictive states.
SPECIFIC SITUATIONS
Glove Box/Console:
Delaware: Check state law - may need to be locked or unloaded
Trunk:
Generally safest location for unloaded, cased firearms during transport.
Motorcycles:
Same rules apply - secure in locked container if required.
AT TRAFFIC STOPS
1. Keep hands visible
2. Inform officer if required (duty to inform)
3. Do not reach for firearm
4. Follow officer instructions
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