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Delaware Firearm Bill of Sale Form

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Delaware Firearm Bill of Sale Form

Updated September 19, 2023

A Delaware firearm bill of sale is a legal document that provides proof of the sale and transfer of ownership of a firearm in the State of Delaware. Delaware has specific laws about who can sell and purchase a firearm and how a firearm can be carried. This document requires the witness of signatures by a state notary public.

Table of Contents

Privately Selling a Firearm

Only individuals or entities that have obtained a “special license to sell deadly weapons” may process any sale or trade of a firearm in Delaware.[1] Parties who are unlicensed and wish to purchase or sell a firearm can visit a licensed dealer who may be able to facilitate the transfer of a firearm in accordance with state law.[2]

Prohibited from Buying

Anyone who falls under the following categories is prohibited from purchasing or owning a firearm:[3]

  • Any person having been convicted in this State or elsewhere of a felony or a crime of violence involving physical injury to another, whether or not armed with or having in possession any weapon during the commission of such felony or crime of violence;
  • Any person who meets any of the following:
    • Has been involuntarily committed for a mental condition,[4] unless the person can demonstrate that the person is no longer prohibited from possessing a firearm.[5]
    • For a crime of violence, has been found not guilty by reason of insanity or guilty but mentally ill, including any juvenile who has been found not guilty by reason of insanity or guilty but mentally ill, unless such person can demonstrate that he or she is no longer prohibited from possessing a firearm.
    • For a crime of violence, has been found mentally incompetent to stand trial, including any juvenile who has been found mentally incompetent to stand trial, unless there has been a subsequent finding that the person has become competent, or unless such person can demonstrate that he or she is no longer prohibited from possessing a firearm.
    • Is the subject of an order of relinquishment issued.[6]
  • Any person who has been convicted for the unlawful use, possession or sale of a narcotic, dangerous drug or central nervous system depressant or stimulant as those terms were defined prior to the effective date of the Uniform Controlled Substances Act in June 1973 or of a narcotic drug or controlled substance.[7]
  • Any person who, as a juvenile, has been adjudicated as delinquent for conduct which, if committed by an adult, would constitute a felony, unless and until that person has reached their twenty-fifth birthday;
  • Any person under the age of 18, unless the weapon falls under the following definitions:
    • A shotgun[8] or ammunition for a shotgun.
    • A muzzle-loading rifle.[9]
    • Deadly weapons other than firearms if the person is 18 years of age or older.
  • Persons under the age of 18 who are not: an active member of the Armed Forces of the United States or the National Guard; a qualified law-enforcement officer;[10] a person who has license to carry a concealed deadly weapon.[11]
  • Persons under 18 years of age who are not:
    • Possessing a firearm for the purpose of engaging in lawful hunting, instruction, sporting, or recreational activity while under the direct supervision of a person 21 years of age or older. 
    • Possessing a firearm for the purpose of engaging in lawful hunting and is in compliance.[12]
    • Possessing a firearm for the purpose of transporting the firearm to the location of a lawful hunting, instruction, sporting, or recreational activity, for which the person is authorized to possess or control the firearm.
    • Possessing or using a firearm during the use of force upon or towards another person if such use of force is justifiable.[13]
  • Any person who is subject to a Family Court protection from abuse order (other than an ex parte order), but only for so long as that order remains in effect or is not vacated or otherwise terminated, except that this paragraph shall not apply to a contested order issued,[14] or any combination thereof;
  • Any person who has been convicted in any court of any misdemeanor crime of domestic violence. For purposes of this paragraph, the term “misdemeanor crime of domestic violence” means any misdemeanor offense that:
  • Was committed by a member of the victim’s family,[15] (regardless, however, of the state of residence of the parties); by a former spouse of the victim; by a person who cohabited with the victim at the time of or within 3 years prior to the offense; by a person with a child in common with the victim; or by a person with whom the victim had a substantive dating relationship,[14] at the time of or within 3 years prior to the offense; and
  • Is an offense,[15] or any similar offense when committed or prosecuted in another jurisdiction; or
  • Any person who, knowing that he or she is the defendant or co-defendant in any criminal case in which that person is alleged to have committed any felony under the laws of this State, the United States or any other state or territory of the United States, becomes a fugitive from justice by failing to appear for any scheduled court proceeding pertaining to such felony for which proper notice was provided or attempted. It is no defense to a prosecution under this paragraph that the person did not receive notice of the scheduled court proceeding.
  • Any person, if the deadly weapon is a semi-automatic or automatic firearm, or a handgun, who, at the same time, possesses a controlled substance.[16] 
  • Except for “antique firearms”, any validly seized deadly weapons or ammunition from a person prohibited as a result of a felony conviction under Delaware law, federal law or the laws of any other state, or as otherwise prohibited under this subsection (a) of this section may be disposed of by the law enforcement agency holding the weapon or ammunition.[17]
  • “Antique firearm” means any firearm not designed or redesigned for using rim fire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898 and also any firearm using fixed ammunition manufactured in or before 1898, for which ammunition is no longer manufactured in the United States and is not readily restored to a firing condition.
  • A person prohibited under this section has the burden of proving that the subject firearm is an antique firearm of this section subject to an exemption.[18]
  • Any person who is subject to a lethal violence protection order,[19] but only for so long as that order remains in effect or is not vacated or otherwise terminated.[20]

Registering a Firearm

The state of Delaware does not have any laws requiring the registration of firearms by private owners. However, licensed firearm dealers are legally required to maintain records of the following information for every firearm sale:[21]

  • Date of sale;
  • Name of the purchaser;
  • Address of purchaser;
  • Number and type of weapon purchased;
  • Age of purchaser;
  • Evidence of personal identification provided by the purchaser;
  • Any other information required by federal law.

Concealed Carry

Concealed carry is allowed for any person that obtains a License to Carry a Concealed Deadly Weapon.

How to Apply

Applicants for a concealed carry license must be at least eighteen (18) years of age.

Step 1 – Complete an Application for a License to Carry a Concealed Deadly Weapon.

Step 2 – Attach a certificate of confidence endorsed by five (5) residents of the same county.

Step 3 – Attach notarized proof of competency with a firearm according to legal requirements.[22]

Step 4 – Attach two (2) official color passport photos.

Step 5 – Submit the application to the local county Superior Court along with a filing fee of $65.[23]

Step 6 – The Superior Court will conduct a background check prior to issuing a license.

Reciprocity

The state of Delaware recognizes concealed carry permits issued in other states.[24]

Sources

  1. Del. Code tit. 24, § 901
  2. Del. Code tit. 24, § 904A
  3. Del. Code tit. 11 § 1448
  4. Del. Code tit. 16 Ch 50
  5. Del. Code tit. 11 § 1448A
  6. Del. Code tit. 11 § 1448C
  7. Del. Code tit. 16 Ch 47
  8. Del. Code tit. 11 § 1444(c)
  9. Del. Code tit. 7 § 704(f)
  10. Del. Code tit. 11 § 1441A
  11. Del. Code tit. 11 § 1441
  12. Del. Code tit. 7 § 704(g)
  13. Del. Code tit. 24 § 904A(c)
  14. Del. Code tit. 10 § 1041
  15. Del. Code tit. 11 Ch 5
  16. Del. Code tit. 16 §§ 4763, 4764
  17. Del. Code tit. 11 § 2311
  18. Del. Code tit. 10 § 7704
  19. Del. Code tit. 10 Ch 77
  20. De. Code tit. 10 § 901(12)
  21. Del. Code tit. 11 Ch 4
  22. Del. Code tit. 11, §1441(3).
  23. Del. Code tit. 11 § 1441(a)(4)
  24. Del. Code tit. 11 § 1441(j)