Delaware’s assault weapons ban, enacted as House Bill 450 and signed on June 30, 2022, makes it a felony to manufacture, sell, buy, transfer, receive, transport into the state, or possess a designated assault weapon. The restriction covers more than 60 named firearm models plus any semi-automatic rifle, pistol, or shotgun that meets a feature-based test in 11 Del. C. § 1465. People who legally owned a covered firearm before that date can keep it, but only under tight conditions. The law survived its federal constitutional challenge when the U.S. Supreme Court declined review on January 13, 2025, and it remains fully enforceable.
Which Firearms Are Covered
The statute works in two layers. The first is a list of specific models, including the AK-47 in all configurations, the Colt AR-15 and CAR-15 (except the Colt AR-15 Sporter H-BAR), the Bushmaster semi-automatic rifle, the Beretta AR70, the FN FAL, and dozens more. Any copy of a listed firearm is also banned regardless of manufacturer.1Delaware Code Online. Delaware Code Title 11, Chapter 5, Subchapter VII
The second layer catches guns that aren’t on the list. A semi-automatic centerfire rifle that accepts a detachable magazine qualifies as a banned copycat if it has at least two of these: a folding stock, a grenade or flare launcher, a flash suppressor, or a conspicuous pistol grip beneath the action. A semi-automatic pistol that accepts a detachable magazine qualifies if it has any one of these: a magazine attachment point outside the pistol grip, a threaded barrel that can accept a flash suppressor or silencer, a barrel shroud that lets the shooter fire without being burned, or a second handgrip. Rimfire pistols used only in organized competitive shooting events run by state or nationally recognized organizations get a narrow carve-out from the magazine-attachment-point feature, but the other features still apply. Semi-automatic shotguns with folding stocks and any shotgun with a revolving cylinder are also covered.2Delaware General Assembly. Senate Substitute 1 for Senate Bill 228 – Full Text
What the Law Prohibits
Under 11 Del. C. § 1466, it is illegal to manufacture, sell, offer to sell, buy, receive, transfer, possess, or transport an assault weapon into Delaware. The ban reaches commercial sales, private person-to-person transactions, and bringing a covered firearm across the state line.3Justia Law. Delaware Code 11-1466 – Manufacture, Sale, Transport, Transfer, Purchase, Receipt, and Possession of Assault Weapons
The transport prohibition catches people moving to Delaware. There is no exemption for someone relocating from a state where the firearm was legal. Crossing the border with it violates § 1466(a)(1) regardless of how long you’ve owned it or how carefully you handled it in your prior state. The only way around that is to fall within one of the statute’s exemption categories.
If You Owned One Before June 30, 2022
Pre-ban owners can keep a covered firearm, but possession is restricted to specific places and situations:3Justia Law. Delaware Code 11-1466 – Manufacture, Sale, Transport, Transfer, Purchase, Receipt, and Possession of Assault Weapons
- Your residence, business, or other property you own.
- Someone else’s private property with the owner’s express permission.
- A shooting range.
- A firearms exhibition or educational event sponsored or approved by law enforcement or a nationally or state-recognized firearms organization.
Moving the firearm between any of those locations, or taking it to a licensed dealer for servicing, requires secure storage during transport. Carrying a grandfathered assault weapon in public outside these circumstances is a felony, not a gray area.
Passing One to Family or Heirs
The law is more permissive here than many people assume. A grandfathered owner can transfer the firearm to a family member, and the family member can legally keep it, provided the original owner was lawfully in possession and the recipient is not otherwise prohibited from owning firearms under Delaware law.4Delaware General Assembly. House Bill 450 – Full Text Inheritance is treated the same way: receiving an assault weapon through a will or probate is listed as an exemption, and the personal representative of an estate may possess the firearm during administration and transfer it according to the estate proceedings.3Justia Law. Delaware Code 11-1466 – Manufacture, Sale, Transport, Transfer, Purchase, Receipt, and Possession of Assault Weapons
A family member who inherits or receives a transferred firearm can apply for a voluntary certificate of possession within 60 days of taking possession.5Justia Law. Delaware Code 11-1467 – Voluntary Certificate of Possession
The Voluntary Certificate of Possession
Under 11 Del. C. § 1467, grandfathered owners could apply to the Department of Safety and Homeland Security for a certificate documenting pre-ban ownership. The deadline for existing owners was June 30, 2023.5Justia Law. Delaware Code 11-1467 – Voluntary Certificate of Possession
You don’t need the certificate to legally keep a grandfathered firearm. It matters at the moment of enforcement. If you are prosecuted under § 1466, a certificate is conclusive evidence that you owned the firearm before the cutoff and are entitled to keep it. Without one, pre-ban ownership becomes an affirmative defense you have to prove with whatever you still have, such as a receipt or bill of sale.
Who Is Exempt From the Ban
Several categories of people can legally handle these firearms within the scope of their authorized role:3Justia Law. Delaware Code 11-1466 – Manufacture, Sale, Transport, Transfer, Purchase, Receipt, and Possession of Assault Weapons
- Federal government employees, active military, and National Guard members acting in their official capacity.
- Active law enforcement officers on duty or acting within official business.
- Qualified retired law enforcement officers, but only for firearms received from the agency at retirement or purchased for official duty use before retiring, and only if not otherwise prohibited from owning firearms. A retired officer cannot buy a new assault weapon after retirement under this exemption.
- Licensed firearms dealers and manufacturers servicing law enforcement agencies, transferring to out-of-state dealers or buyers through licensed channels, or returning repaired firearms to out-of-state customers under warranty.
- Licensed armored car guards employed by licensed armored car agencies, within the scope of their employment.
- Accredited ballistics testing labs and entities that manufacture or test personal protective equipment.
- Permanently inoperable firearms that cannot be made to fire again.
- Entities whose federally regulated business or activity requires them to maintain these firearms.
Bump Stocks and Trigger Cranks
These accessories sit outside the assault weapons statute. Delaware bans bump stocks and trigger cranks separately under 11 Del. C. § 1444, which covers destructive weapons. A bump stock is defined as any aftermarket device that uses recoil energy to make the trigger activate repeatedly, increasing the rate of fire of a semi-automatic rifle. A trigger crank is a crank-operated device attached to the trigger guard that fires multiple shots per rotation.6Delaware General Assembly. Senate Bill 8 – Full Text
Delaware’s prohibition is independent of federal law, which matters because the U.S. Supreme Court overturned the federal bump stock ban in Garland v. Cargill in June 2024. The state ban still applies. A first offense is a class B misdemeanor; a second or subsequent offense is a class E felony. The device must be surrendered to law enforcement and can be destroyed 30 days after relinquishment.
Penalties
A violation of § 1466 is a felony, with the statute referencing class E and class F classifications depending on the conduct. A class E felony in Delaware carries up to five years in prison, and judges can also impose fines and supervised probation.7Justia Law. Delaware Code 11-4205 – Sentence for Felonies
The collateral effects reach past the sentence itself. A felony conviction ends your right to own any firearm under both Delaware and federal law, which can mean giving up an entire collection, not just the restricted firearm. It also leaves a permanent record that shows up on background checks for jobs, housing, and professional licenses.
Where the Law Stands Now
HB 450 was challenged in federal court almost immediately in Delaware State Sportsmen’s Association v. Delaware Department of Safety and Homeland Security. The U.S. District Court for the District of Delaware denied a preliminary injunction in March 2023, and the Third Circuit affirmed that denial in July 2024. On January 13, 2025, the U.S. Supreme Court declined to hear the case, leaving the lower-court rulings in place. The ban is in force with no injunction against enforcement. The General Assembly’s stated reason for the law is that the restricted firearms have “such a high rate of fire and capacity for firepower” that their danger outweighs any legitimate sporting use.8Delaware General Assembly. House Bill 450