Tasers and stun guns are legal to own in Delaware if you are at least 21 and are not otherwise prohibited from possessing a deadly weapon under state law.1Justia. Delaware Code 11-1448 – Possession and Purchase of Deadly Weapons by Persons Prohibited; Penalties Delaware classifies electronic control devices as “dangerous instruments,” a category that sits between ordinary personal items and inherently deadly weapons.2Justia. Delaware Code 11-222 – General Definitions That classification shapes almost every rule that follows, from how you can carry the device to what happens if you ever use it.
Who Can’t Own a Taser in Delaware
Delaware’s prohibited-persons statute applies to stun guns the same way it applies to firearms. If you fall into any of the categories below, you cannot legally buy or possess one.1Justia. Delaware Code 11-1448 – Possession and Purchase of Deadly Weapons by Persons Prohibited; Penalties
- Anyone under 21.
- Anyone convicted of a felony or a violent crime involving physical injury, in Delaware or any other state.
- Anyone convicted of unlawful use, possession, or sale of a controlled substance.
- Anyone involuntarily committed for a mental condition, found not guilty of a violent crime by reason of insanity, or found mentally incompetent to stand trial for a violent crime. A restoration process exists for some of these categories.
- Anyone subject to a Family Court Protection from Abuse order who knows about the order, with narrow exceptions for certain contested orders.
- Anyone adjudicated delinquent as a juvenile for felony-level conduct, until they turn 25.
- Anyone who knows they are a felony defendant and has failed to appear for a scheduled court proceeding.
- Anyone convicted of a misdemeanor domestic violence offense in any court.
The prohibition is absolute. There is no “I didn’t know” defense you can count on. If any of these apply to you, don’t buy a stun gun.
Open Carry and Concealed Carry Rules
Delaware does not have a statute that specifically bans openly carrying a taser. The complications start when you want to conceal one. Carrying a concealed deadly weapon without a license is a felony in Delaware.3Justia. Delaware Code 11-1442 – Carrying a Concealed Deadly Weapon; Class G Felony; Class D Felony
There is an argument that a holstered taser doesn’t trigger that statute, because a “dangerous instrument” only becomes a “deadly weapon” under Delaware’s definitions when it is used or attempted to be used to cause death or serious physical injury.2Justia. Delaware Code 11-222 – General Definitions Relying on that distinction is risky. If you plan to carry a stun gun concealed, the safer path is to apply for a Concealed Deadly Weapon (CCDW) license through the Superior Court.
Where You Can and Can’t Carry
Two Delaware “safe zone” statutes come up often, and both are narrower than people assume when it comes to tasers.
The Safe School Zone statute targets firearms and projectile weapons. It does not mention electronic control devices or dangerous instruments.4Justia. Delaware Code 11-1457A – Possession of a Firearm or Projectile Weapon in a Safe School Zone The separate Safe Recreation Zone statute enhances penalties for committing certain weapon offenses in or near schools, recreation centers, and sports facilities, including carrying a concealed deadly weapon without a license and possession by a prohibited person.5Justia. Delaware Code 11-1457 – Possession of a Weapon in a Safe Recreation Zone If you’re already breaking a weapons law with a taser, being in one of these zones makes it worse. If you’re carrying lawfully, there’s no standalone school-zone ban on tasers the way there is for firearms.
No statewide statute specifically prohibits tasers in courthouses or government buildings. Delaware allows counties to adopt local ordinances restricting firearms in county buildings and police stations, but that authority is limited to firearms. Individual buildings may still ban tasers through their own security policies, and trying to walk one past a checkpoint will create problems whatever the state code says.
Using a Taser in Self-Defense
Delaware’s self-defense law lets you use force when you reasonably believe it is immediately necessary to protect yourself from someone else’s unlawful force.6Justia. Delaware Code 11-464 – Justification – Use of Force in Self-Protection A taser used proportionally against an imminent threat fits that framework.
For non-deadly force, you don’t have to retreat first. You can stand your ground wherever you are. The rules tighten if a court later decides you used deadly force. Then you generally must retreat if you can do so with complete safety, with two exceptions: you never have to retreat from your own home, and you never have to retreat from your workplace unless you were the initial aggressor.6Justia. Delaware Code 11-464 – Justification – Use of Force in Self-Protection
Whether a taser deployment counts as deadly force depends on the circumstances. Most quick uses are treated as non-deadly. But using one against a particularly vulnerable person, using it repeatedly, or using it in a way that creates a serious risk of death can push it into the deadly force category, triggering the retreat rules. Pulling out a taser to intimidate or attack someone when you’re not facing an imminent threat is not self-defense and will expose you to criminal charges.
Penalties if You Break the Rules
Consequences depend on what you did and whether a court treats the device as a deadly weapon based on how it was used.
- Carrying concealed without a license, if the taser is treated as a concealed deadly weapon, is a class G felony carrying up to 2 years in prison plus fines at the court’s discretion.3Justia. Delaware Code 11-1442 – Carrying a Concealed Deadly Weapon; Class G Felony; Class D Felony7Delaware Code Online. Delaware Code Title 11 Chapter 42 – Sentencing
- Possessing a stun gun as a prohibited person is a class F felony, punishable by up to 3 years in prison.8Delaware Code Online. Delaware Code Title 11 Chapter 5 Subchapter VII – Offenses Involving Deadly Weapons
- Using a taser outside legitimate self-defense can bring assault charges, with the tier rising based on the harm caused, especially if the victim suffers serious physical injury.
- Committing a weapon offense in a Safe Recreation Zone adds penalties on top of the underlying charge.5Justia. Delaware Code 11-1457 – Possession of a Weapon in a Safe Recreation Zone
These are felony-level consequences. A conviction leaves a permanent record that will follow you through employment, housing, and any future weapon ownership.
How to Get a Concealed Deadly Weapon License
Delaware’s CCDW process runs through Superior Court and takes some work. You file your application with the Prothonotary in the county where you live at least 15 days before the next term of Superior Court. The application is signed under oath and must state your residence and occupation.9Delaware Courts. Concealed Deadly Weapons
You’ll need five references who live in your county, are not related to you, don’t share your address, and have known you for at least a year. Each must certify that you have good moral character and that carrying a concealed weapon is necessary for your protection.10Delaware Courts. Instructions for New Applications for a License to Carry a Concealed Deadly Weapon You also have to complete a firearms training course certified by a nationally recognized organization or a law enforcement agency and submit a notarized certificate.9Delaware Courts. Concealed Deadly Weapons
Delaware also requires newspaper publication of the application, and the Attorney General’s office investigates each one before recommending for or against approval. The court decides whether to grant the license. The whole process can run several weeks, so start it well before you plan to carry.