Delaware Statewide Rule
Delaware Open Carry of Firearms Rules
Key Facts
- Open Carry Generally
- Open carry generally lawful at 18+
- Schools Off
- Schools off-limits under 11 Del.C. 1457
- Courthouses And State
- Courthouses and state offices restricted
- Local
- Local bans preempted by state law
- Private Property Owners
- Private property owners may prohibit
Summary
Delaware generally permits open carry of firearms by individuals 18 or older without a permit, subject to location restrictions in schools, courthouses, and certain state buildings.
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. Nothing contained herein shall be construed to invalidate municipal ordinances existing before July 4, 1985, and any ordinance enacted after July 4, 1985, is hereby repealed. Notwithstanding the provisions of this section to the contrary, the City of Wilmington may, in addition to the nature and extent of regulation permitted by this section, enact any law or ordinance governing the possession or concealment of a paintball gun within its corporate limits as it deems necessary to protect the public safety.
Full Breakdown
Delaware does not have a statewide statute prohibiting open carry of a firearm by adults legally permitted to possess one. Title 11 governs prohibited locations, including schools (11 Del.C. 1457), courthouses, and Safe School Zones. Open carry remains preempted from local restriction by 22 Del.C. 111. Private property owners and businesses may post their premises against firearms. Vehicle carry rules differ from on-foot carry; loaded long guns in vehicles are restricted under wildlife regulations.
Violations & Penalties
Open carry in a designated Safe School Zone is a Class D felony under 11 Del.C. 1457, punishable by up to eight years imprisonment.
Frequently Asked Questions
Can I openly carry a handgun in a Delaware park?
Do I need a permit to open carry in Delaware?
Sources
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