A Delaware gun background check must be performed before a dealer may sell or transfer a firearm to a prospective buyer. Exceptions to this law are purchases of shotguns and antique firearms or purchases made by a person bearing a valid concealed carry permit. The private sale/transfer of a firearm from an unlicensed seller to a buyer must go through a licensed firearms dealer. Persons under the age of eighteen (18) are prohibited from purchasing any type of firearm. Persons under the age of twenty-one (21) are prohibited from purchasing a handgun.
Bill of Sale – Form that includes information concerning the transferring of money for a firearm between two parties.
Reference Questionnaire (CCDW Permit) – Must be completed by five (5) references when applying for a concealed weapon permit.
Application for a License to Carry a Concealed Deadly Weapon – Must be completed by those applying for a concealed weapon permit.
Prohibited from Purchasing – Title 11, § 1448
For Sale of a Gun
For the private sale of a firearm between an unlicensed dealer and a prospective purchaser, both parties must appear together at a licensed firearms dealer’s place of business. Once the licensed dealer has the appropriate information (photo identification, etc.), they will conduct a background check through the FBI. The dealer cannot charge more than $30 for performing a background check. If the FBI does not complete the background check within three (3) business days, the private sale can take place.
Carry Concealed Deadly Weapon (CCDW) Permit
Individuals wishing to obtain a CCDW permit will have to complete the application process in the steps laid out below. Applications are handled by one of the three (3) County’s Prothonotary’s Office and will cost $65. Applicants must be a resident of Delaware in order to acquire a CCDW permit.
Step 1 – A safety training course administered by a certified instructor is required but may be completed after the application has been approved.
Step 2 – An applicant must publish their intent to acquire a CCDW in one of their county’s newspapers with circulation of at least 35% of the population. The publication must run ten (10) days before the applicant can file the application.
Step 3 – In order to perform a background check, fingerprints must be taken by the SBI forty-five (45) days prior to submitting an application.
Step 4 – Applicants must submit references from five (5) people within their county using the Reference Questionnaire. The reference cannot be related or reside at the same address as the applicant and they must know the applicant for at least one (1) year.
Step 5 – The CCDW Application Form must be completed and notarized. Prothonotary Offices will supply a notary free of charge. Two (2) official passport photographs must be submitted with the application.
Step 6 – Applications can be delivered in-person, or by mail to the closest County Prothonotary’s Office.
Step 7 – Applicants who are approved for a CCDW permit, but have not completed a safety training course, will have ninety (90) days to provide course certification or proof of enrollment.