Delaware Firearm Bill of Sale Form

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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

In accordance with Del. Code tit. 24 §901 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.

Prohibited from Buying

Any individual who fits the following criteria per Del. Code Ann. tit. 11 §1448B is prohibited from purchasing or owning a firearm:

  • 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 under Chapter 50 of Title 16, unless the person can demonstrate that the person is no longer prohibited from possessing a firearm under § 1448A(l) of this title.
  • 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 under § 1448A(l) of this title.
  • 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 under § 1448A(l) of this title.
  • Is the subject of an order of relinquishment issued under § 1448C of this title.
  • 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 as defined in Chapter 47 of Title 16;
  • 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 juvenile, if said deadly weapon is a handgun, unless said juvenile possesses said handgun for the purpose of engaging in lawful hunting, instruction, sporting or recreational activity while under the direct or indirect supervision of an adult. For the purpose of this subsection, a “handgun” shall be defined as any pistol, revolver or other firearm designed to be readily capable of being fired when held in 1 hand;
  • 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 solely upon § 1041(1)d., e., or h. of Title 10, 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, as “family” is defined in § 901 of Title 10 (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, as defined in § 1041 of Title 10, at the time of or within 3 years prior to the offense; and
  • Is an offense as defined under § 601, § 602, § 603, § 611, § 614, § 621, § 625, § 628A, § 763, § 765, § 766, § 767, § 781, § 785 or § 791 of this title, 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 in violation of § 4763, or § 4764 of Title 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, pursuant to § 2311 of this title.
  • “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 as defined in paragraph (a)(10)a. of this section subject to an exemption under this section and § 2311 of this title.
  • Any person who is subject to a lethal violence protection order, issued under § 7704 of Title 10, but only for so long as that order remains in effect or is not vacated or otherwise terminated under Chapter 77 of Title 10.

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 required per Del. Code Ann tit. 24, § 904A(c) to maintain records of the following information for every firearm sale:

  • 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 the requirements listed in Del. Code Ann tit. 11, §1441(3).

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.

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

Reciprocity

According to Del. Code tit. 11 §1441(j), the following states either don’t have concealed carry permits or their permits are not recognized in Delaware: Alabama, California, Connecticut, Delaware, Georgia, Hawaii, Idaho (unless the permit is Enhanced), Illinois, Indiana, Iowa, Louisiana, Maryland, Massachusetts, Minnesota, Mississippi, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New York, North Dakota (unless the permit is Class 1), Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota (unless the permit is Enhanced), Vermont, Virginia, and Washington.