Gun Laws in Delaware for Homesteaders
What You Need to Know
Delaware, a state known for its historical significance and scenic landscapes, also has a nuanced set of gun laws that homesteaders and residents should understand. Governed by a regulatory framework aimed at balancing personal freedoms with public safety, Delaware stands as a state with a moderate approach to firearm regulations. While it recognizes the Second Amendment rights of its citizens, Delaware has enacted laws to address concerns related to gun violence and safety, which prospective and current residents must be aware of in the context of homesteading.
The state's gun laws outline the ownership, sale, and carry of firearms. Delaware residents can purchase and own firearms without acquiring a permit; however, to carry a concealed weapon, one must obtain a permit that Delaware typically issues to applicants not legally prohibited from possessing a firearm. In recent years, Delaware has taken significant measures, such as regulating the presence of 'ghost guns'—unserialized and often homemade firearms—and establishing more robust protections for survivors of domestic violence. These initiatives reflect an effort to prevent the misuse of firearms while still honoring the right of law-abiding citizens to own them for protection and sporting purposes.
When it comes to homesteaders, who may seek firearms for protection or hunting on rural properties, understanding these laws is crucial. It becomes imperative for them to navigate the legal landscape of firearm possession, ensuring they comply with state requirements, such as supervising minors using air guns or BB guns and adhering to the regulations regarding storage and handling of arms. The ever-evolving nature of gun legislation demands that Delaware residents stay informed about current and upcoming laws to maintain compliance and secure responsible gun ownership.
Historical Context of Delaware Gun Laws
Delaware's gun laws have evolved through foundational legislation and significant court decisions. These changes reflect national debates and legal interpretations of the Second Amendment.
Foundational Legislation
The core of Delaware's legislative history concerning firearm regulation began with state-specific laws that work in tandem with the Second Amendment to the United States Constitution. This amendment guarantees the right to keep and bear arms and has served as the foundation for firearm legislation and debate. Delaware has stipulated various laws to regulate the sale, possession, and use of firearms in the state, starting from basic requirements for criminal history record checks for private firearm sales between unlicensed persons.
Constitutional Amendments and Supreme Court Decisions
The United States Supreme Court decisions have significantly influenced Delaware's gun laws. These decisions have often revolved around the interpretation of the Second Amendment and the extent to which states can regulate firearms. For example, Wilmington Hous. Auth. v. Johnson, a decision by the Delaware Supreme Court, applied intermediate scrutiny to gun regulations, which means that the state needs to show that the regulation is reasonably related to an important government interest. This case specifically addressed the legality of a public housing authority's right to regulate the display and carry of firearms in common areas. It set a precedent for how the state balances individual rights with public safety concerns.
Basic Legal Requirements for Firearm Ownership
In Delaware, the legal requirements for owning firearms are defined by state laws, focusing on age and eligibility criteria, as well as the need for proper firearm registration procedures.
Age and Eligibility
To legally own a firearm in Delaware, an individual must meet specific age and eligibility requirements.
Handguns: Only persons aged 21 or older can purchase handguns. Exceptions exist for members of the armed forces and law enforcement officers who are 18-20 years old.
Long Guns: For shotguns and muzzle-loading rifles, the minimum age is 18.
Beyond age restrictions, eligibility is also determined by background checks, which are mandatory when purchasing firearms from dealers. These checks are designed to prevent ownership by individuals with certain criminal convictions or who are otherwise prohibited from possessing firearms.
Firearm Registration Procedure
Delaware does not require the registration of firearms nor does it require owners to obtain a permit to purchase firearms. However, certain procedures are in place:
Background Checks: Mandatory for all firearm purchases from licensed dealers. This includes checks against state and federal databases.
Background checks and the absence of registration requirements define Delaware's firearm ownership landscape, with various caveats for handguns and long guns, and consideration for individual eligibility based on legal backgrounds.
Concealed Carry and Open Carry Laws
In Delaware, understanding the intricacies of concealed carry and open carry laws is vital for homesteaders who own firearms. These laws outline the legalities surrounding the carrying of handguns both in public view and discreetly.
License to Carry Concealed Deadly Weapons (CDWL)
Delaware issues a License to Carry Concealed Deadly Weapons (CDWL) to residents who meet certain criteria. Requirements for a CDWL include being at least 18 years of age, passing a criminal background check, and completing a firearms training course that involves live-fire exercises. Non-residents may be issued a temporary license under specific circumstances by the Attorney General.
Open Carry Regulations
Conversely, Delaware permits open carry without the need for a specific license, allowing individuals to carry rifles, shotguns, handguns, and long barrel firearms visibly. It's important to note that this does not extend to assault weapons. Open carry in a vehicle is subject to distinct regulations:
Handguns may be carried in open view or in an inaccessible area like the trunk.
Rifles and shotguns must be unloaded during transport in any vehicle or farm machinery.
Purchase and Transfer Regulations
In Delaware, individuals looking to purchase or transfer firearms are subject to a series of regulatory measures, including background checks, waiting periods, and permit-to-purchase requirements. These regulations are designed to promote responsible gun ownership and enhance public safety.
Background Checks and Waiting Periods
Delaware enforces universal background checks on all firearm sales, including private transactions and gun shows. Prospective buyers must undergo a background check conducted by a federally licensed dealer, regardless of whether the seller is a private individual or a licensed dealer. Additionally, the state imposes a waiting period for firearm purchases, which serves as a cooling-off period to deter impulsive acts of violence.
Background Check Requirement: Mandatory for all firearm sales
Waiting Period: Applied to purchases
Permit to Purchase and Transfer of Ownership
Obtaining a permit to purchase is a crucial step in the firearm acquisition process in Delaware. Applicants must complete a firearm training course and submit an application for a permit to purchase, which includes a background check.
Permit to Purchase:
Required: Yes
Training: Mandatory firearm training
Application Process: Includes submitting an application and undergoing a background check
Upon approval of the permit application, individuals may proceed with the purchase or transfer of ownership of a handgun. Transfers between private parties must also go through a federally licensed dealer to conduct the necessary background checks, ensuring a responsible transfer of ownership.
Specific Firearm Restrictions
In Delaware, certain types of firearms and modifications are subject to specific restrictions. These regulations are distinct and important for residents to understand as they impact what firearms and firearm components can legally be owned and used.
Assault Weapons and Magazine Capacity
Delaware law does not specify a list of what are commonly referred to as "assault weapons." However, magazine capacity for certain firearms is limited. Magazines that can hold more than 17 rounds are considered "large-capacity magazines" and are generally prohibited unless the owner possessed the magazine on or before June 30, 2022, and does not transfer ownership.
Bump Stocks and Other Modifications
Delaware banned bump stocks, devices that increase the rate of fire to that of a machine gun. Under Delaware law, possession, manufacture, sale, or distribution of bump stocks is illegal. Additionally, other devices that functionally turn a firearm into a machine gun are also prohibited.
NFA Weapons
The National Firearms Act (NFA) regulates a set of firearms known as NFA weapons, which includes machine guns, silencers, short-barreled rifles, and short-barreled shotguns. Delaware aligns with federal law, requiring individuals who own these items to be federally registered with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Importantly, individuals must go through a stringent background check process and comply with all NFA regulations.
Red Flag Laws and Mental Health Considerations
In Delaware, red flag laws allow for the temporary removal of firearms from individuals deemed to be a risk to themselves or others. These laws intersect with mental health evaluations to prevent gun violence.
Extreme Risk Protection Order
An Extreme Risk Protection Order (ERPO) is a legal mechanism in Delaware that permits law enforcement to temporarily remove firearms from individuals who are deemed to pose a significant risk of injury to themselves or others. This determination is often related to mental health crises. For an ERPO to be issued, a petition must be filed, typically by law enforcement or family members, and a judge must determine that the individual poses an immediate threat. The Beau Biden Gun Violence Prevention Act, which supports red flag laws in the state, has been utilized to remove weapons from those in crisis.
Process to file an ERPO petition:
Law enforcement or family members may submit a request.
A hearing must take place where concerns are evaluated.
If a threat is determined, firearms may be temporarily removed.
Mental Health Assessments in Gun Ownership
Delaware legislation looks to restrict gun ownership for individuals with certain mental health conditions. Mental health assessments can play a critical role in the gun ownership process, with laws aiming to prevent individuals who may pose a danger due to mental illness from purchasing firearms. If an individual has been adjudicated as a mental health risk or has been committed for mental health reasons, their ability to legally possess a firearm in the state can be impacted.
Criteria affecting gun ownership under mental health evaluation:
A past mental health adjudication or commitment can lead to loss of gun rights.
Licensed mental health practitioners may be required to report patients who make explicit threats.
In both cases, the focus of the legislation is to promote public safety while considering the rights and privacy of individuals.
Law Enforcement and Gun Policies
In Delaware, law enforcement authorities are tasked with enforcing the state’s stringent gun policies, which include permit-to-purchase regulations and peaceable journey laws. These policies outline the responsibilities of law officers and the rights of individuals in possession of firearms during travel.
Duties and Rights of Law Enforcement Officers
Law enforcement officers in Delaware are responsible for ensuring individuals comply with gun safety laws, including the recent permit-to-purchase handgun bill. They have the authority to check for proper permits and are responsible for the background checks that are a part of the permit application process. Officers also ensure that concealed carry laws are followed, only allowing those with the correct permits to carry hidden firearms.
Permit-to-purchase requirements: Before acquiring a handgun, individuals must obtain a permit, which involves a background check.
Background checks: Conducted by law enforcement to determine eligibility for gun ownership.
Peaceable Journey Laws
Delaware maintains peaceable journey laws that provide guidance on how individuals can legally transport firearms across state lines. Individuals traveling through Delaware with firearms must adhere to these laws, which require that the firearms be unloaded and stored separately from any ammunition. The guns should also be kept in a locked compartment inaccessible to the passengers during transit.
Firearm transport requirements:
Unloaded firearms only.
Ammunition must be stored separately.
Firearms should be stored in a locked area, away from occupants.
Legal Challenges and Controversial Debates
Delaware's recent gun control measures have sparked significant debate and court challenges. The ensuing discussions and legal scrutiny cast a spotlight on both the state’s judicial system and its political divisions.
Recent Lawsuits and Judicial Decisions
Gun rights groups have initiated legal actions challenging the state's gun control laws as unconstitutional. A lawsuit filed argues against a law that prohibits most individuals under the age of 21 from possessing firearms. This legal challenge contends that the law was passed in direct opposition to the U.S. Supreme Court and Delaware Supreme Court precedents. These courts have recognized the right to self-defense as including the right to own and carry firearms both inside and outside the home.
Political Perspectives and Gun Control Advocacy
The debate over gun control in Delaware often aligns with political party lines. Democrats in the Delaware House have been vocal advocates for more stringent gun laws, including measures such as mandatory training and permits for handgun purchases. The pursuit of these policies is backed by gun control advocacy groups, citing statistics that suggest states with permit-to-purchase laws experience lower rates of gun-related homicides and suicides. Conversely, Republicans have generally opposed such measures, with concerns that they may infringe upon Second Amendment rights. The Delaware Attorney General has been involved in defending the constitutionality of the state's gun laws amidst this ongoing debate.
Gun Violence and Prevention Measures
Delaware has taken meaningful steps to curtail gun violence while recognizing the importance of gun rights for responsible owners. These measures address domestic abuse scenarios, emphasize education on gun safety, and tackle the pressing issue of gun-related deaths, including homicides and suicides.
Domestic Violence and Firearm Restrictions
In an effort to protect survivors of domestic violence, Delaware law includes specific provisions that address the intersection of domestic abuse and firearm access. The state has enacted legislation that empowers courts to require the relinquishment of firearms from individuals subject to protection from abuse orders. This legal framework aims to mitigate the risk that domestic situations escalate to gun violence.
Education on Gun Safety and Responsible Ownership
Delaware emphasizes the significance of education for potential and current gun owners. Educational programs focus on safe handling, storage, and operation of firearms. Advocacy groups, such as the Delaware Coalition Against Gun Violence, contribute to this educational mission by promoting gun safety laws and providing prevention education, with the goal of reducing gun-related incidents statewide.
Gun Homicide and Suicide Rate Statistics
Year Gun Homicides Gun Suicides 2019 Data Pending Data Pending 2020 45% increase Data Pending
Delaware recorded a significant surge in gun deaths from 2019 to 2020, including the largest year-to-year increase in gun homicides in the United States. While data on gun suicides require further updates, this rise in gun-related deaths highlights the state's imperative to address both intentional and self-inflicted gun harm through robust prevention strategies and supportive legislation.
Licensing and Training for Firearm Owners
In Delaware, firearms training and obtaining a license are critical steps for gun ownership. These regulations ensure safety and compliance with state laws.
Firearms Training Requirements
Delaware mandates a comprehensive firearms training course that is a prerequisite for those seeking a professional licensing, especially for handgun ownership. The training often includes but is not limited to:
Safe handling and operation of firearms
Laws concerning the use and carrying of firearms
For instance, Delaware Tactical provides a course that requires participants to have a minimum of three magazines or, if using a revolver, a minimum of three speed loaders, and to bring 1,000 rounds of target ammunition. The courses have a flat fee, and they emphasize the no refund policy they have in place.
Owner Licensing and Renewal Process
To legally own a firearm in Delaware, individuals must undergo a licensing process:
Application: Submission of an application for a firearms owner's license to the state.
Background Check: Mandatory background checks to ensure the potential owner has no disqualifying criminal history.
Issuance: Upon passing the background check and completing training, a license is issued.
Renewal of a firearms owner's license requires:
Recertification of eligibility
Evidence of continued firearms proficiency or additional training
Legislation such as Senate Bill 2 proposes mandatory firearm training and permits for handgun purchases, indicating an ongoing commitment to gun safety laws in the state. The process is designed to vet applicants thoroughly before granting them the privilege of firearms ownership.
State-Specific Regulations and Preemptions
In Delaware, state-level regulations supersede local ordinances concerning firearms which homesteaders must be aware of, and the State Bureau of Identification plays a pivotal role in firearm background checks.
Delaware State Preemption of Local Restrictions
Delaware maintains a state preemption over local firearms regulations. This means the state's laws are the dominant authority, and local governments can only control the discharge of firearms as well as possession within police stations and municipal buildings. Notably, any ordinances relating to firearm control that were existent before July 4, 1985, continue to be enforceable.
Local regulations allowed:
Discharge of firearms
Possession within specific government buildings
State preemption applies to:
Ownership
Transfer
Possession
Transportation
State Bureau of Identification Regulations
The Delaware State Bureau of Identification (SBI) is the entity responsible for conducting background checks during firearm transactions executed by federally licensed firearm dealers. These checks are necessary even for private sales of handguns and ensure that purchasers meet the minimum age requirements—21 years for handguns and rifles, 18 for shotguns and certain other types of weapons—with exceptions for military and law enforcement members.
Key areas of SBI firearm regulations:
Background checks: Mandatory for private handgun sales
Age requirements:
21 for handguns and rifles
18 for shotguns
Exceptions: Military members and law enforcement officers
Self-Defense Laws and Gun Use
Delaware's self-defense laws are specific and have implications for gun use, particularly within the context of home defense and public encounters. How and when a homesteader in Delaware can legally use force, including deadly force, is governed by these laws.
Stand Your Ground versus Duty to Retreat
In Delaware, a person is permitted to stand their ground and use force without retreating when they are in their home, adhering to the principles of the Castle Doctrine. This means in the confines of their home, there is no duty to retreat before defending oneself. However, outside the home, Delaware law does not explicitly endorse a "stand your ground" policy; instead, it requires an individual to retreat if it's safe to do so before using force in self-defense.
Lethal Violence Protection Orders and Self-Defense
Delaware law includes a provision for Lethal Violence Protection Orders (LVPO), allowing courts to temporarily remove firearms from a person who is deemed a danger to themselves or others. When it comes to self-defense, a homesteader must be aware that the presence of an LVPO may affect their legal right to possess firearms and defend themselves using lethal force. Thus, it becomes crucial to understand the interactions between LVPOs and self-defense rights.
Involvement of Organized Groups and Legislators
Key entities such as the Delaware State Sportsmen's Association and members of the Senate have been active participants in the discourse on gun legislation in Delaware, shaping policies through advocacy, endorsement, and legislative initiatives.
Delaware State Sportsmen's Association (DSSA)
The Delaware State Sportsmen's Association (DSSA) is significant in influencing gun legislation. Composed of hunters, sport shooters, and individuals supportive of Second Amendment rights, the DSSA advocates for firearm owners' interests in the state of Delaware. The group actively monitors legislative proposals and offers expertise on issues related to firearms, aiming to influence policies that respect responsible gun ownership while safeguarding the rights of sportsmen.
Legislative Actions by Senators and Assembly
In the Delaware General Assembly, legislative actions regarding gun laws have seen active involvement from both sides of the aisle. In the recent push for permit-to-purchase legislation, Democratic Senators have been key proponents. Specifically, Senate Majority Whip Elizabeth "Tizzy" Lockman championed a bill mandating firearm training prior to handgun purchases.
Party Actions Democrats Introduced and advocated for permit-to-purchase legislation. Republicans Opposed the bill, arguing for gun owners' rights and freedoms.
This legislative endeavor led to a party-line vote in the Senate, where Democrats granted final approval to the bill. Governor John Carney, a Democrat, has been anticipated to back such gun-reform bills aligned with his party's agenda. In contrast, Senate Republican Leader Gerald Hocker and his colleagues have expressed concerns about legislation infringing on the rights of law-abiding citizens, highlighting the partisan divide on this issue.
The involvement of the military has been less direct, focused primarily on adherence to the applicable laws and the safety of its personnel. As the dialogue on gun laws continues in Delaware, the efforts of both organized groups like the DSSA and state legislators play a pivotal role in shaping the future of gun legislation and its impact on homesteaders in the state.
