Delaware has strict firearm laws. Thus, the laws for selling firearms must be followed to avoid legal trouble.
Except in special cases, you must complete a Delaware Firearm Bill of Sale through the proper legal channels if you wish to complete a transaction.
- What Is a Delaware Firearm Bill of Sale Form?
- What Are the Requirements for Selling a Firearm in Delaware?
- Documents Needed to Complete a Firearm Bill of Sale in Delaware
- Additional Delaware Gun Laws
- Concealed and Open Carry Laws in Delaware
- Delaware Firearm Reciprocity
- How to Write a Firearm Bill of Sale in Delaware
- Delaware Firearm Bill of Sale Sample
What Is a Delaware Firearm Bill of Sale Form?
A Delaware firearm bill of sale is a document proving the sale of a gun from a seller to a buyer in the state of Delaware.
The form provides evidence of legal ownership and must be signed by both parties.
What Are the Requirements for Selling a Firearm in Delaware?
Selling a firearm in Delaware requires adhering to the state’s strict laws.
So, familiarizing yourself with the process helps you avoid any hassles.
Private Parties Selling Firearms in Delaware
An unlicensed person is not permitted to sell firearms through private channels without going through a licensed dealer to get the required background check (Delaware Code Section 1448B).
This rule applies in most situations, but there are some exceptions.
You do not have to adhere to this law if:
- The buyer is a close family relative
- You are selling a replica or antique firearm
- You are selling a gun designed just for hunting or competitive shooting
- The buyer is a law enforcement officer
- The buyer has a current and valid permit to carry a concealed deadly weapon
- The buyer is a licensed collector and you are selling a curio or relic
- The buyer is an authorized representative of the state or part of an authorized government buyback program
Does the Law in Delaware Require a Firearm Bill of Sale?
The law does not require a Delaware firearm bill of sale in each situation.
However, it is a good idea to create one for your legal protection and to have proof of the transaction.
Firearm Inheritance Laws in Delaware
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.
Documents Needed to Complete a Firearm Bill of Sale in Delaware
When completing a Delaware firearm transfer form, you will need the following information:
- Description of the firearm, including make, model, features, serial number
- Name and contact details of buyer and seller
- Photo identification for each person
- Background check documents, if applicable
Additional Delaware Gun Laws
Who Cannot Purchase a Firearm in Delaware?
The state has specific rules for who cannot own a firearm 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 drugs 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
Does Delaware Have a Waiting Period for Firearm Sales?
There is no waiting period in the state to purchase a firearm.
However, the background check may take time and delay the sale as it must be completed and returned to the licensed dealer before proceeding.
Can You Buy a Firearm in Delaware Without Registering It?
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 (Delaware Code Section 904).
Moreover, only law enforcement and government officials can access these records if there is a criminal investigation.
Does a Firearm Bill of Sale Have to Be Notarized in Delaware?
If you create a Delaware firearm bill of sale, you do not have to notarize it.
Still, notarization can offer another level of protection if you later need to prove a valid firearm sale.
Is a Record of Firearms Sent to Police in Delaware?
The state police do not keep any record of firearms purchases.
They manage the required background checks, which create a type of record and keep registries of concealed carry licenses.
Concealed and Open Carry Laws in Delaware
How to Apply to Carry a Firearm in Delaware
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 (Delaware Code Section 1441), 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.
Delaware Firearm 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.
How to Write a Firearm Bill of Sale in Delaware
A Delaware firearm bill of sale is useful to provide you with a transaction record. Since you are selling a deadly weapon, having this evidence of the sale can protect you from legal issues in the future.
You should follow these steps to create it:
Step 1 – State Laws
Research Delaware law to ensure the sale is legal.
Step 2 – Background Check
Conduct a background check.
Step 3 – Buyer Meeting
Meet with the buyer in person.
Step 4 – Permits
Collect any permits the buyer possesses.
Step 5 – Completion
Complete a Delaware firearm bill of sale form, including all information about the buyer and seller and the firearm, serial number, and the transaction.
Selling a firearm in Delaware requires going through a licensed dealer in most situations so the background check can be properly completed.
You should create a Delaware firearm bill of sale to keep a record of the transaction.
Begin with our easy-to-use form you can complete in minutes.
Delaware Firearm Bill of Sale Sample
Below is an example of what a Delaware firearm bill of sale looks like.