Verified Firearm Specifications

DE1021 — extra time

Citation: 11 Del.C. § 1448A(b)

No licensed importer, licensed manufacturer or licensed dealer shall sell, transfer or deliver from inventory any firearm, as defined in § 222 of this title, to any other person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, unless and until being informed that it may “proceed” with the sale, transfer or delivery from inventory of a firearm by the Federal Bureau of...

DE1053 — extra time

Citation: 11 Del.C. § 1448A(b)

No licensed importer, licensed manufacturer or licensed dealer shall sell, transfer or deliver from inventory any firearm, as defined in § 222 of this title, to any other person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, unless and until being informed that it may “proceed” with the sale, transfer or delivery from inventory of a firearm by the Federal Bureau of...

DE1001 — private sales : point of sale

Citation: Del. Code Ann. tit. 11, § 1448B(a)

No unlicensed person shall sell or transfer any firearm, as defined in § 222 of this title, to any other unlicensed person without having conducted a criminal history background check through a licensed firearms dealer in accordance with § 1448A of this title and § 904A of Title 24, as the same may be amended from time to time, to determine whether the sale or transfer would be in violation of federal or state law,...

DE1026 — private sales : point of sale

Citation: Del. Code Ann. tit. 11, § 1448B(a)

(a) No unlicensed person shall sell or transfer any firearm, as defined in § 222 of this title, to any other unlicensed person without having conducted a criminal history background check through a licensed firearms dealer in accordance with § 1448A of this title and 24 Del.C. § 904A, as the same may be amended from time to time, to determine whether the sale or transfer would be in violation of federal or state law.

DE1047 — sales from dealer : federal

Citation: 18 U.S.C.A. § 922(t)(1)

Beginning on the date that is 30 days after the Attorney General notifies licensees under section 103(d) of the Brady Handgun Violence Prevention Act that the national instant criminal background check system is established, a licensed importer, licensed manufacturer, or licensed dealer shall not transfer a firearm to any other person who is not licensed under this chapter, unless- (A) before the completion of the...

DE1046 — sales from dealer : federal

Citation: 18 U.S.C.A. § 922(t)

Beginning on the date that is 90 days after the date of enactment of this subsection and ending on the day before the date that is 60 months after such date of enactment, it shall be unlawful for any licensed importer, licensed manufacturer, or licensed dealer to sell, deliver, or transfer a handgun to an individual who is not licensed under section 923, unless- (A) after the most recent proposal of such transfer by...

DE1003 — sales from dealer

Citation: Del. Code Ann. tit. 11, § 1448A

(a) No licensed importer, licensed manufacturer or licensed dealer shall sell, transfer or deliver from inventory any firearm, as defined in § 222 of this title, to any other person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, without conducting a criminal history background check in accordance with regulations promulgated by the United States Department of Justice...

DE1024 — sales from dealer

Citation: Del. Code Ann. tit. 11, § 1448A

(a) No licensed importer, licensed manufacturer or licensed dealer shall sell, transfer or deliver from inventory any firearm, as defined in § 222 of this title, to any other person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, without conducting a criminal history background check in accordance with regulations promulgated by the United States Department of Justice...

DE1005 — may issue

Citation: Del. Code Ann. tit. 11, §§ 1441, 1442

§ 1441. License to carry concealed deadly weapons. (a) A person of full age and good moral character desiring to be licensed to carry a concealed deadly weapon for personal protection or the protection of the person's property may be licensed to do so when the following conditions have been strictly complied with [lists conditions]... § 1442.

DE1006 — expanded 1

Citation: 11 Del.C. §§ 4-464; 465

§464: (e) The use of deadly force is not justifiable under this section if: (1) The defendant, with the purpose of causing death or serious physical injury, provoked the use of force against the defendant in the same encounter; or (2) The defendant knows that the necessity of using deadly force can be avoided with complete safety by retreating, by surrendering possession of a thing to a person asserting a claim of...

DE1052 — traditional

Common law castle doctrine. Common law castle doctrine was solidified in the United States throughout the 19th century. “By the beginning of the twentieth century it was well accepted in the United States that a man attacked in his own home had no duty to retreat before using deadly force, so long as he reasonably believed it necessary to save his own life.” Indeed, by the 1920s, sources note that the castle...

DE1008 — negligent storage

Citation: Del. Code Ann. tit. 11, § 1456(a)

A person is guilty of unlawfully permitting a minor access to a firearm when he intentionally or recklessly stores or leaves a loaded firearm within the reach or easy access of a minor and where the minor obtains the firearm and uses it to inflict serious physical injury or death upon himself or any other person.

DE1009 — state license requirement

Citation: Del. Rev. Stat. tit. 3, § 220

It shall be unlawful for any person or person, firm, company or corporation, to sell, or expose to sale, any pistol or revolver, or revolver or pistol cartridges, stiletto, steel or brass knuckles, or other deadly weapon made especially for the defense of one's person, without first having obtained a license therefor, which license shall be known as "Special License to Sell Deadly Weapons"; provided, however, that...

DE1063 — ban on high capacity magazines

Citation: Del. Code Ann. tit. 11, § 1469

(a) Except as otherwise provided in subsections (c) through (e) of this section, it is unlawful for a person to manufacture, sell, offer for sale, purchase, receive, transfer, or possess a large-capacity magazine. (b)(1) A violation of this section which is a first offense which only involves possession of a large capacity magazine is a civil penalty of $100.

DE1064 — assault weapons ban

Citation: Del. Code tit. 11 § 1466

(a) Prohibitions. - Except as provided in subsection (b) or (c) of this section, it is unlawful for a person to do any of the following: (1) Transport an assault weapon into this State. (2) Manufacture, sell, offer to sell, transfer, purchase, receive, or possess an assault weapon.

DE1065 — assault weapons ban - Federal

Citation: Pub. L. 103-322 Sec. 110102

This subtitle may be cited as the “Public Safety and Recreational Firearms Use Protection Act”. SEC. 110102. RESTRICTION ON MANUFACTURE, TRANSFER, AND POSSESSION OF CERTAIN SEMIAUTOMATIC ASSAULT WEAPONS.

DE1067 — ban on high capacity magazines - federal

Citation: Pub. L. 103-322 Sec. 110103

SEC. 110103. BAN OF LARGE CAPACITY AMMUNITION FEEDING DEVICES. << 18 USCA § 922 >> (a) PROHIBITION.-Section 922 of title 18, United States Code, as amended by section 110102(a), is amended by adding at the end the following new subsection: “(w)(1) Except as provided in paragraph (2), it shall be unlawful for a person to transfer or possess a large capacity ammunition feeding device.

DE1073 — public and private : possession prohibited

Citation: DE ST TI 11 § 1457C

(b) Any person who knowingly possesses a firearm while in or on a college or university safe zone is guilty of the crime of possession of a firearm in a college or university safe zone.

DE1057 — comprehensive

Citation: 22 Del.C. § 111(a)

The municipal governments shall enact no law, ordinance or regulation prohibiting, restricting or licensing the ownership, transfer, possession or transportation of firearms or components of firearms or ammunition except that the discharge of a firearm may be regulated; provided any law, ordinance or regulation incorporates the justification defenses as found in Title 11.

DE1080 — youth possession

Citation: Del. Code Ann. tit. 11, § 1448(a)(5)

(a) Except as otherwise provided in this section, the following persons are prohibited from purchasing, owning, possessing, or controlling a deadly weapon or ammunition for a firearm within the State: …. (5) Any person under the age of 21. a. Paragraph (a)(5) of this section shall not apply to the purchase, owning, possession, or control of the following deadly weapons: 1.

DE1081 — youth possession

Citation: Del. Code Ann. tit. 11, § 1448(a)(5)

(a) Except as otherwise provided in this section, the following persons are prohibited from purchasing, owning, possessing, or controlling a deadly weapon or ammunition for a firearm within the State: …. (5) Any person under the age of 21. a. Paragraph (a)(5) of this section shall not apply to the purchase, owning, possession, or control of the following deadly weapons: 1.

DE1077 — purchase and sale

Citation: Del. Code Ann. tit. 11, §§ 1445(4), 1448(a)(5)

(a) A person is guilty of unlawfully dealing with a dangerous weapon when... (4) He sells, gives or otherwise transfers to a person under 21 of age a firearm or ammunition for a firearm, unless permitted by § 1448 of this title.

DE1078 — purchase and sale

Citation: Del. Code Ann. tit. 11, § 1445(4)

(a) A person is guilty of unlawfully dealing with a dangerous weapon when... (4) He sells, gives or otherwise transfers to a person under 21 of age a firearm or ammunition for a firearm, unless permitted by § 1448 of this title.

DE1079 — youth possession

Citation: Del. Code Ann. tit. 11, § 1448(a)(5)

(a) Except as otherwise provided in this section, the following persons are prohibited from purchasing, owning, possessing, or controlling a deadly weapon or ammunition for a firearm within the State: …. (5) Any person under the age of 21. a. Paragraph (a)(5) of this section shall not apply to the purchase, owning, possession, or control of the following deadly weapons: 1.

DE1011 — youth possession

Citation: Del. Code Ann. tit. 11, §§ 1448(a)(5); 1445(4)

§ 1448(a) Except as otherwise provided herein, the following persons are prohibited from purchasing, owning, possessing or controlling a deadly weapon or ammunition for a firearm within the State: ...

DE1068 — minimum age purchase - federal

Citation: 18 U.S.C. § 922(b)(1)

(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver-- (1) any firearm or ammunition to any individual who the licensee knows or has reasonable cause to believe is less than eighteen years of age, and, if the firearm, or ammunition is other than a shotgun or rifle, or ammunition for a shotgun or rifle, to any individual who the licensee...

DE1069 — minimum age purchase - federal

Citation: 22 U.S.C. § 922(x)(1),(5)

(x)(1) It shall be unlawful for a person to sell, deliver, or otherwise transfer to a person who the transferor knows or has reasonable cause to believe is a juvenile-- (A) a handgun; or (B) ammunition that is suitable for use only in a handgun. (5) For purposes of this subsection, the term “juvenile” means a person who is less than 18 years of age.

DE1070 — minimum age possession - federal

Citation: 43 U.S.C. § 922(b)(1)(c)(1)

(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver-- (1) any firearm or ammunition to any individual who the licensee knows or has reasonable cause to believe is less than eighteen years of age, and, if the firearm, or ammunition is other than a shotgun or rifle, or ammunition for a shotgun or rifle, to any individual who the licensee...

DE1075 — purchase and sale

Citation: Del. Code Ann. tit. 11, § 1445(4)

A person is guilty of unlawfully dealing with a dangerous weapon when... (4) He sells, gives or otherwise transfers to a child under 18 years of age a firearm or ammunition for a firearm, unless he is that child's parent or guardian, or unless he first receives the permission of said parent or guardian.

DE1076 — purchase and sale

Citation: Del. Code Ann. tit. 11, § 1445(4)

A person is guilty of unlawfully dealing with a dangerous weapon when... (4) He sells, gives or otherwise transfers to a child under 18 years of age a firearm or ammunition for a firearm, unless he is that child's parent or guardian, or unless he first receives the permission of said parent or guardian.

DE1015 — purchase and sale

Citation: Del. Code Ann. tit. 24, §§ 901, 903

§ 901. License requirement No person shall engage in the business of selling any pistol or revolver, or stiletto, steel or brass knuckles, or other deadly weapon made especially for the defense of one's person without first having obtained a license therefor, which license shall be known as "special license to sell deadly weapons." No person licensed or unlicensed shall possess, sell or offer for sale any...

DE1014 — purchase and sale

Citation: Del. Code tit. 154 sec. 5286 (1935)

Whosoever shall knowingly sell a deadly weapon to a minor, other than an ordinary pocket knife, shall upon conviction thereof be fined not less than twenty-five, nor more than Two Hundred Dollars, or shall be imprisoned in the County Jail, or Workhouse, for not less than ten days, nor more than six months, or both, at the discretion of the Court.

DE1074 — required

Citation: DE ST TI 11 § 1448A

(a)(2) A transferor may not sell, transfer, or deliver from inventory a handgun to any other person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, unless the buyer or transferee has a valid handgun qualified purchaser permit issued by the State Bureau of Identification under § 1448D of this title. (3) For the purposes of this section: a.

DE1035 — mental health : committed to mh facility

Citation: 11 Del.C. § 1448 (a)(2)

(a) Except as otherwise provided in this section, the following persons are prohibited from purchasing, owning, possessing, or controlling a deadly weapon or ammunition for a firearm within the State: (2) Any person who meets any of the following: b.

DE1036 — erpo : expanded

Citation: Del. Code Ann. tit. 10, § 7701, 7704

§ 7702 Commencement of action; procedure [Effective Dec. 27, 2018] (a) A petitioner may request relief under § 7703 or § 7704 of this title by filing an affidavit or verified petition. (b) A petition for a lethal violence protective order must be filed in the county where the respondent resides.

DE1037 — erpo : ex parte

Citation: Del. Code Ann. tit. 10, § 7703

(a) A law-enforcement officer may request an emergency lethal violence protective order by filing an affidavit or verified petition in Justice of the Peace Court that does both of the following: (1) Alleges that respondent poses an immediate and present danger of causing physical injury to self or others by controlling, purchasing, owning, possessing, controlling, purchasing, having access to, or receiving a...