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.
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 bill of sale through the proper legal channels if you wish to complete a transaction.
Firearm laws: Delaware Code Section 1448B, Delaware Code Section 1441
Restrictions: Yes
State permit to purchase: No
Registration of firearm: No
License to own: No
Assault weapon law: Yes
Magazine capacity restriction: Yes
Permit for concealed carry: Yes
Permit for open carry: No
How to Sell a Firearm Privately
Selling a firearm in Delaware requires adhering to the state’s strict laws.
So, familiarizing yourself with the process helps you avoid any hassles.
Requirements
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) and Delaware Code Title 24, § 901.
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
Restrictions
The state has specific rules for who cannot own a firearm, per Delaware Code Title 11 § 1448, 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
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.
Registration
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).
However, licensed dealers must maintain a record of all firearm transactions per Delaware Code Ann Title. 24, § 904A(c).
Moreover, only law enforcement and government officials can access these records if there is a criminal investigation.
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 (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.
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 requirements in Del. Code Ann tit. 11, §1441(3).
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 per Del. Code tit. 11 §1441(j)
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.
Delaware Firearm Bill of Sale Sample
Below is an example of what a Delaware firearm bill of sale looks like.
