Delaware Gun Ban List: Assault Weapons, Magazines, Ghost Guns

Delaware’s list of prohibited firearms and accessories covers five main categories: assault weapons banned by name, copycat weapons that match certain design features, destructive weapons like silencers and machine guns, devices that boost a semiautomatic’s rate of fire, and magazines holding more than 17 rounds. Unserialized firearms and unfinished frames or receivers are also illegal. The current framework took effect on June 30, 2022, under the Lethal Firearms Safety Act, and violations run from misdemeanors to felonies carrying five or more years in prison.

Assault Weapons Banned by Name

Under 11 Del. C. § 1465, Delaware identifies specific firearm models that are outright prohibited, along with any copies regardless of who manufactured them.¹

The named long guns run to more than 60 entries. They include the Avtomat Kalashnikov (AK-47) in all forms, the Colt AR-15 and CAR-15 (with a narrow exception for the Colt AR-15 Sporter H-BAR rifle), the UZI 9mm carbine or rifle, the Beretta AR-70, the FN-FAL and FN-LAR, the Galil, the SIG AMT and SIG PE-57, and the Steyr AUG, among others.¹

The assault pistol list runs to roughly 20 models. Among them: the Intratec TEC-9/DC-9 in any centerfire variation, the Ingram MAC 10/11 and its variants such as the Partisan Avenger and SWD Cobray, the Heckler and Koch MP5K and SP-89, the UZI pistol, and the Skorpion pistol.¹

The “copy” language is what catches many owners off guard. A firearm functionally identical to a named model stays banned even if it carries a different brand name.

Copycat Weapons Defined by Features

Delaware also bans firearms based on their design features, which catches weapons built to sidestep the named list. The triggering features depend on whether the firearm is a rifle, pistol, or shotgun.¹

Semiautomatic Rifles

A semiautomatic, centerfire rifle that accepts a detachable magazine becomes a prohibited copycat weapon if it also has at least one of the following: a folding or telescoping stock, a flash suppressor, or a grip (including a pistol grip or thumbhole stock) that lets any finger besides the trigger finger sit directly below the action while firing. A single qualifying feature plus the detachable magazine is enough.¹

Semiautomatic Pistols

A semiautomatic pistol that accepts a detachable magazine is prohibited if it has any one of these: a magazine that attaches outside the pistol grip, a threaded barrel capable of accepting a flash suppressor or silencer, a barrel shroud that lets the shooter fire without being burned (a standard slide doesn’t count), or a second handgrip. Separately, any semiautomatic pistol with a fixed magazine holding more than 17 rounds is banned regardless of other features.¹

Shotguns

A semiautomatic shotgun with both a folding or telescoping stock and a grip that puts a non-trigger finger below the action qualifies as a copycat weapon. Any semiautomatic shotgun that accepts a detachable magazine is also prohibited, as is any shotgun with a revolving cylinder.¹

Destructive Weapons and Rate-of-Fire Devices

Separate from the assault weapon ban, 11 Del. C. § 1444 prohibits a category of “destructive weapons” that includes bombs, bombshells, firearm silencers, sawed-off shotguns, and machine guns or any weapon adaptable for use as a machine gun.²

Silencers have only a narrow exception for certified state and federal wildlife biologists using them for disease or population control. There is no general exception allowing civilian silencer ownership through federal registration. Sawed-off shotguns and machine guns are similarly prohibited, with limited exceptions for military and law enforcement personnel and for machine guns registered under the National Firearms Act used for scientific research.²

After-market devices that make semiautomatic firearms fire faster are also illegal. That includes bump stocks, trigger cranks, and “rapid fire devices,” which the law defines as any part or accessory that increases a semiautomatic firearm’s rate of fire to mimic a machine gun.²

Large-Capacity Magazines

Under 11 Del. C. § 1469, Delaware prohibits manufacturing, selling, purchasing, transferring, or possessing any ammunition feeding device that holds more than 17 rounds. The ban covers magazines, drums, belts, feed strips, and similar devices. Tubular devices designed exclusively for .22 caliber rimfire ammunition are not covered.³

Several groups are exempt:

U.S. government employees and armed forces members acting in their official capacity.
Active and qualified retired law enforcement officers.
Individuals holding a valid concealed carry permit issued by Delaware Superior Court.
Owners of magazines rendered permanently inoperable or permanently modified to hold 17 rounds or fewer.

Licensed firearms dealers may sell large-capacity magazines only to other licensed dealers or to individuals who qualify under one of these exemptions.³

Ghost Guns, Unfinished Frames, and Altered Serial Numbers

Delaware addresses untraceable firearms through two statutes. Under 11 Del. C. § 1459, possessing any firearm, frame, or receiver with a serial number that has been removed or altered to conceal its origin is a class D felony. This applies to firearms manufactured from 1973 onward; pre-1973 firearms are exempt.⁴

Section 1459A targets the partially completed components sold in “ghost gun” kits. No one may sell or transfer an unfinished frame or receiver unless they are a federally licensed dealer or manufacturer, the item carries a manufacturer name and serial number, and proper records are kept. Possessing an unserialized unfinished frame or receiver is itself a class D felony, carrying up to eight years in prison.⁴

What Pre-Ban Owners Can Keep

If you legally owned an assault weapon before June 30, 2022, Delaware’s ban does not require you to surrender it. The Lethal Firearms Safety Act grandfathered weapons already lawfully possessed by that date, but it heavily restricts what you can do with them. Transfers of grandfathered assault weapons are generally prohibited, with limited exceptions for transfers to family members. “Family member” means a spouse or someone related by blood within three degrees: parents, children, siblings, grandparents, grandchildren, aunts, uncles, nieces, and nephews.⁵

Delaware created a voluntary certificate of possession program to help grandfathered owners prove they held the weapon before the ban took effect. The original application deadline was June 30, 2023. In any prosecution for illegal assault weapon possession, a certificate is treated as conclusive evidence that you lawfully owned the firearm before the cutoff and are entitled to keep and transport it. Applications required proof of pre-ban ownership, the firearm’s make, model, and serial number, and the owner’s name, address, date of birth, and thumbprint. The Department of Safety and Homeland Security administers the program and does not retain copies of certificates or identifying information about applicants.⁶

If you inherit or receive a grandfathered assault weapon from a family member who lawfully possessed it, you may apply for a certificate within 60 days of taking possession. You must show that the person who transferred it was lawfully in possession and that you are the rightful recipient, with documentation such as a will or other proof of inheritance.⁶

Penalties for Possessing a Prohibited Firearm

Penalties vary by category of weapon and conduct.

Assault Weapons

Illegal manufacture, sale, transport, transfer, purchase, receipt, or possession of an assault weapon is a class E or class F felony under 11 Del. C. § 1466. A class E felony carries up to five years in prison.⁵

Destructive Weapons and Rate-of-Fire Devices

Possessing a silencer, sawed-off shotgun, bomb, or machine gun is a class E felony, also carrying up to five years. Bump stocks, trigger cranks, and rapid fire devices have a separate schedule: a first offense is a class B misdemeanor (up to six months in jail and a $1,150 fine), and a second or subsequent offense jumps to a class E felony.²

Large-Capacity Magazines

Violating the large-capacity magazine ban under § 1469 can result in charges ranging from a civil violation to a class E felony, depending on the circumstances.³

Ghost Guns and Altered Serial Numbers

Possessing a firearm with a removed or altered serial number is a class D felony, as is possessing an unserialized unfinished frame or receiver. Class D felonies carry up to eight years in prison, making these among the most severely punished firearm offenses in the state.⁴

Checking Whether a Specific Firearm Is Prohibited

The reliable starting point is the text of 11 Del. C. § 1465, which contains both the named model list and the copycat feature definitions. For a specific firearm, check it against the named models first. Then assess whether its features (magazine type, stock design, grip configuration, barrel attachments) meet the copycat criteria for its category.¹

Licensed firearms dealers are required to know current state restrictions and will flag prohibited weapons during a transaction. The Firearms Transaction Approval Program background check also serves as a compliance checkpoint, since dealers verify both the buyer’s eligibility and the legality of the firearm itself. For borderline configurations, a Delaware firearms attorney is the safest route; the copycat definitions involve enough technical nuance that reasonable people can disagree about whether a particular build qualifies.⁷

1
Justia. Delaware Code 11-1465 – Definitions Related to Assault Weapons
2
Justia. Delaware Code 11-1444 – Possessing a Destructive Weapon
3
Justia. Delaware Code 11-1469 – Large-Capacity Magazines Prohibited
4
Justia. Delaware Code 11-1459A – Possession of an Unfinished Firearm Frame or Receiver With No Serial Number
5
Justia. Delaware Code 11-1466 – Manufacture, Sale, Transport, Transfer, Purchase, Receipt, and Possession of Assault Weapons
6
Justia. Delaware Code 11-1467 – Voluntary Certificate of Possession
7
Department of Safety and Homeland Security. Firearms Transaction Approval Program Regulations