Delaware firearm laws are liberal and friendly towards gun enthusiasts. You do not need a permit to purchase firearms and they do not need to be registered. The owner of a firearm does not need a license to own a firearm. Background checks are mandatory for any purchase from a licensed retailer. Every retailer must be licensed. Private sales in Delaware must be conducted through a licensed dealer in order to comply with state laws requiring background checks. Delaware issues carry permits because it is a “may issue” state, and usually does. Generally, they will issue carry permits to most people legally permitted to own a firearm. Open carry is permitted in most cases.
Clients are often confused about the consequences of an arrest where firearms are involved. Additional penalties are associated with any type of crime where there was a firearm. A firearm is any type of weapon that is capable of discharging a projectile, so pellet guns are firearms for purposes of the Delaware code. It is not just firearms, but any type of deadly weapon that is used during a crime. For example, any type of knife where the blade is longer than three inches and opened during the course of a crime will be described as a deadly weapon according to Delaware law, escalating the penalties of a crime. During the commission of a felony, there is a mandatory three-year incarceration for just the possession. Any person convicted of a felony is barred for life from possessing a deadly weapon of any type. If you have any questions about a firearm arrest, contact Mattleman, Weinroth & Miller, P.C. to discuss your legal matter.