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New Castle County, DE Business Licensing & Operations: Secondhand Dealers (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Licensing authority
Clerk of the Peace
Retention hold
15 days, items unaltered
Reporting duty scope
excludes Wilmington and Newark
Minor sales
written parental consent required
Penalty basis
Section 1.01.009 general penalty

Summary

Anyone buying secondhand gold, silver, or platinum for resale in New Castle County must get a license from the Clerk of the Peace, hold purchased items 15 days, and report every transaction to police.

City-specific rules exist: Wilmington has its own secondhand dealers rules that differ from New Castle County's county-level regulations. If you live in Wilmington, check the city-specific page instead.

Secondhand dealer in precious metals means any person who, because he or she trades in secondhand precious metals, is licensed as a junk dealer under 24 Del. C. § 2301 et seq., and any person who purchases secondhand precious metals for either collection or resale. A secondhand dealer in precious metals shall be required to obtain a license from the Clerk of the Peace.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 5).

Full Breakdown

New Castle County Code Article 3 of Chapter 8 requires anyone who buys secondhand gold, silver, or platinum for collection or resale to hold a license as a secondhand dealer in precious metals, issued by the Clerk of the Peace. Purchased items must be retained unaltered for 15 days, open to police inspection. Recordkeeping and reporting duties apply to dealers within the County but outside Wilmington and Newark, which run their own municipal codes. Covered dealers must log each transaction's seller ID, item description, and price, and file reports with the Police Department. Buying from a minor requires written parental consent; the Clerk of the Peace can suspend or revoke a license for violations or a theft-related conviction.

Violations & Fines

Dealing in secondhand precious metals without a Clerk of the Peace license, buying from a minor without written parental consent, or altering retained items within the 15-day hold can bring license suspension, revocation, or denial, plus penalties under Section 1.01.009.

Frequently Asked Questions

Do I need a license to buy secondhand gold or silver in New Castle County?
Yes: anyone purchasing secondhand gold, silver, or platinum for collection or resale must hold a secondhand dealer in precious metals license from the Clerk of the Peace under Section 8.03.001.
Does this licensing rule apply inside Wilmington or Newark?
The recordkeeping and reporting requirements in Section 8.03.003 apply to dealers within the County but outside Wilmington and Newark, which operate their own municipal codes not covered by this chapter.
How long must a dealer keep purchased items before reselling?
At least 15 days from purchase, without melting, compressing, altering, or cleaning the items, per Section 8.03.002.

Sources & Official References

Other rules in New Castle County

All New Castle County rules

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