Delaware Open Carry: Laws, Requirements, Application & Online Training
Open carry laws vary from state to state in the United States. In Delaware, open carry does not require a permit, but there are still specific regulations that gun owners must adhere to in order to legally open carry within the state. This article will cover the key aspects of open carry in Delaware, including the gun laws summary, where open carry is legal and illegal, age requirements, prohibited places, and other relevant gun laws in the state.
Delaware Gun Law Summary
Before delving into open carry, it’s essential to understand the broader gun laws in Delaware. The state issues firearm permits for concealed carry, and it follows a may-issue policy. The attorney general has the discretion to accept or deny a concealed carry permit based on various factors.
Delaware’s firearm permit is only available to state residents. Non-residents can obtain a permit from the attorney general under specific conditions, such as employment status or property ownership within the state.
Unlike some states, Delaware does not require a purchase permit or firearm registration to buy or own a firearm. However, individuals seeking a permit must undergo a mandatory NICS criminal record background check.
Private sales of firearms are permitted but must be conducted through a licensed dealer. Immediate family members are exempt from this requirement, and transfers to individuals with a Delaware firearm permit are also permitted.
Is Open Carry Legal in Delaware?
Yes, open carry is legal in Delaware for individuals who meet the age requirement of eighteen. Delaware is a permissive open carry state, meaning that gun owners can openly carry firearms without a permit. However, it’s essential to be aware of local restrictions as counties and municipalities can impose additional regulations on open carry within their jurisdictions.
Delaware Open Carry Law
Under Delaware’s open carry law, gun owners are permitted to carry rifles, shotguns, handguns, and long barrel firearms openly without the need for a permit. However, the state prohibits the open carry of assault weapons, machine guns, and other semi-automatic firearms.
Delaware law enforcement officers and members of the United States Armed Forces are exempt from the assault weapons ban, but they must register such firearms according to national regulations.
Additionally, aftermarket devices like bump stocks and trigger cranks are banned in the state. These devices enable rapid fire from semi-automatic firearms and are not allowed in Delaware.
Where Is It Legal to Open Carry in Delaware?
While open carry is generally permitted in Delaware, there are specific places where carrying firearms openly is restricted. Here are some locations where open carry is legal:
- Restaurants and Bars: Open carry is allowed in restaurants and bars, provided there are no prohibitions by the establishment, and the carrier is not under the influence of alcohol.
- Personal Vehicle: Open carry in a personal vehicle is allowed as long as the firearm is in plain view on the car seat or dashboard, but not concealed.
- Roadsides and Rest Areas: Gun owners can open carry along roadsides and in rest areas.
- State/National Parks and Forests: Open carry is permitted in state and national parks, forests, and wildlife areas, unless otherwise indicated by signage.
- Places of Worship: Open carry in places of worship is allowed with permission from the establishment and without prohibitory signage.
Where Is It Illegal to Open Carry in Delaware?
Delaware prohibits open carry in specific areas to ensure public safety. Gun owners cannot open carry in the following places:
- Schools and Educational Institutions: Firearms are not allowed on the premises of publicly or privately owned schools, colleges, technical institutions, or universities. Open carry is only allowed at least one thousand feet away from these places.
- School Vehicles: Possessing a firearm or openly carrying one in a school bus or vehicle leased/rented by educational institutions is prohibited.
- Athletic Fields and Stadiums: Open carry is not allowed in athletic fields or stadiums used for professional sporting events organized by municipalities, counties, or private organizations.
- Prisons and Correctional Facilities: Firearms are not permitted in prisons, jails, detention centers, or correctional facilities.
- Restricted Places: Federal gun laws prohibit open carry in specific areas, and Delaware complies with these restrictions.
Delaware is a permissive open carry state, allowing individuals to openly carry firearms without a permit. However, gun owners must adhere to certain restrictions and prohibitions, especially in places like schools, athletic fields, and correctional facilities. It’s crucial for gun owners to familiarize themselves with these regulations and exercise responsible gun ownership to ensure public safety and adhere to the law.
FAQs About Open Carry Delaware
1. Are Assault Weapons Permitted for Open Carry in Delaware?
No, Delaware prohibits the open carry of assault weapons such as machine guns.
2. Can I Carry a Firearm in My Vehicle Without a Permit?
Yes, you can open carry in your vehicle, but the firearm must be visible, not concealed.
3. Are There Age Restrictions for Buying Firearms in Delaware?
The minimum age to buy rifles and shotguns is eighteen, while for handguns, it is twenty-one.
4. Can I Open Carry in Schools and Educational Institutions?
No, carrying firearms openly within schools, colleges, technical institutions, or universities is prohibited.
5. Can I Open Carry in State Parks and Forests?
Yes, open carry is allowed in state and national parks, forests, and wildlife areas, unless restricted by signage.