A Delaware firearm bill of sale is a document proving the sale of a gun from a seller to a buyer in the state. It includes important details about the firearm, such as the make, model, and serial number, as well as information about both the buyer and seller.
This document serves as proof of the transaction and can help protect both parties in case of disputes or legal issues.
State Laws for Selling a Gun in Delaware
Minimum Age to Purchase
Rifle and shotgun buyers in Delaware must be at least 18 years old, while handgun buyers must be at least 21 years old.
Permit for Purchase
Delaware now requires gun owners to obtain a permit before purchasing a handgun. Those without a concealed carry permit must complete an approved firearm training course within five years to ensure responsible ownership.
Register a Gun
The state does not require registration of firearm purchases. Sellers typically keep the registration as part of the transaction to maintain records of their customers. [1] However, licensed dealers must maintain a record of all firearm transactions. [2]
Moreover, only law enforcement and government officials can access these records if there is a criminal investigation.
Open Carry Permit
Gun owners are legally permitted to openly carry handguns in the state without requiring a permit.
Concealed Carry Permit
To secure a permit for a concealed-carry firearm in Delaware, you must meet the following requirements:
- At least 21 years old and of good moral character.
- Complete a firearms training course.
- Submit five character references from people who live in your county.
- Not be on the prohibited list for ownership.
- Provide a sworn oath or affirmation of the validity of your application and references.
- Pay applicable fees.
Your application must go to the Prothonotary in your county, [3] and the state Attorney General will provide the final approval.
The license is valid for three years for the initial time and five years after each renewal.
How to Apply
Applicants for a concealed carry license must be at least eighteen (18) years of age:
- Step 1 – Fill Out Application: Complete an Application for a License to Carry a Concealed Deadly Weapon.
- Step 2 – Submit Certificate of Confidence: Attach a certificate of confidence endorsed by five residents of your same county.
- Step 3 – Show Proof of Competency: Attach a notarized proof of competency with a firearm per the legal requirements. [4]
- Step 4 – Submit Photo: You must submit two color passport photos.
- Step 5 – Turn in Application: Submit the application to your local county Superior Court along with a filing fee of $65.
- Step 6 – Pass Background Check: The Superior Court conducts a background check before issuing a license.
Gun Reciprocity
Delaware does honor concealed carry weapons permits from some other states, but reciprocity undergoes evaluation annually.
The state requires any other state to follow similar requirements it sets for issuing licenses. In addition, if Delaware officials deem another state lacks efficient firearm licensing laws, it will strike that state from the reciprocity list. Thus, anyone out of state wishing to carry in Delaware should check current reciprocity agreements.
Restrictions on Firearm Ownership
The state has specific rules on who cannot own a firearm [5] and also adheres to all federal laws about firearm ownership.
The restrictions apply to the following:
- Convicted felons
- Convictions of domestic violence or violent misdemeanors in the past five years
- Convictions for drug use, possession, or sale
- Under age 25 with a juvenile criminal record of a charge equal to an adult felony
- Subjects of Protection From Abuse Orders
- Previous residents of a mental institution or past hospitalization for mental disorders
Firearm Inheritance Laws
You can pass on firearms to heirs if they can legally own one. You are responsible for ensuring the person receiving the firearm is legally allowed to own it. If not, you should make different arrangements. You do not have to conduct a background check for the sale if it is a close relative.
Under the law, immediate family is exempt, such as parents, grandparents, mothers and fathers-in-law, stepparents, children, daughters and sons-in-law, siblings and siblings-in-law, spouses, civil union partners, grandchildren, stepchildren, and legal guardians. However, this exemption does not apply to persons otherwise prohibited from owning a firearm.
