Suppressors are not legal for civilians to own in Delaware. State law classifies firearm silencers as “destructive weapons” alongside bombs and machine guns, and possession is a Class E felony punishable by up to five years in prison. The ban applies whether or not you have complied with federal registration requirements, and it applies to residents, visitors, and drivers passing through.
What the Delaware Ban Covers
Under Title 11, Section 1444 of the Delaware Code, it is illegal to make, sell, buy, receive, or possess a firearm silencer.1FindLaw. Delaware Code Title 11 1444 – Possessing a Destructive Weapon The statute reaches every stage of ownership. Acquiring a suppressor through any channel is prohibited, and simply having one in your possession is enough to support a felony charge.
There is no state permit, license, or registration that opens a legal path to civilian ownership. Hunters, sport shooters, and competitive marksmen get no carve-out. Full federal compliance under the National Firearms Act does not override the state ban.
Who Is Exempt
The statute contains a few narrow exceptions, and none of them apply to ordinary civilians:
- Members of the armed forces acting in their official capacity.
- Delaware police officers authorized to carry these weapons.
- State and federal wildlife biologists who have been authorized and certified by an accredited state enforcement agency, for wildlife disease control or population management.
The wildlife biologist exception is tightly tied to a specific professional purpose. A biologist who kept a suppressor for personal recreational shooting would fall outside it.1FindLaw. Delaware Code Title 11 1444 – Possessing a Destructive Weapon
Criminal Penalties
Possession is a Class E felony.1FindLaw. Delaware Code Title 11 1444 – Possessing a Destructive Weapon Under Delaware’s sentencing framework, a Class E felony carries up to five years of incarceration. There is no mandatory minimum, so a judge has discretion to impose less prison time or to suspend the sentence in favor of probation. Any portion actually served in prison is not eligible for parole.2Justia Law. Delaware Code Title 11 4205 – Sentence for Felonies
The court may add fines on top of imprisonment. Delaware law gives judges broad discretion to set the amount, so the financial hit varies with the circumstances.2Justia Law. Delaware Code Title 11 4205 – Sentence for Felonies
Expect to lose the suppressor and possibly the firearm attached to it. Delaware law enforcement has authority to seize weapons connected to a criminal case and either transfer them to a federally licensed dealer or destroy them.3Justia Law. Delaware Code Title 11 2311 – Disposition of Property Validly Seized
Federal Charges Can Stack
If the suppressor is also unregistered under the National Firearms Act, federal prosecutors can bring their own case independent of the state charge. Unregistered possession carries up to ten years in federal prison and a fine of up to $10,000.4Office of the Law Revision Counsel. 26 USC 5871 – Penalties Most suppressor cases in ban states are handled at the state level, but interstate trafficking or other aggravating factors make federal charges more likely. Dual sovereignty allows separate state and federal prosecutions for the same conduct.
One recent federal change is worth flagging so you don’t misread it: the NFA tax stamp for silencers dropped from $200 to $0 on January 1, 2026. The registration process itself is unchanged, and the fee change does nothing to alter Delaware’s ban. A $0 stamp with a valid federal registration is still a Class E felony in Delaware.
Driving Through Delaware With a Legal Suppressor
This is where owners from Pennsylvania, Maryland, and Virginia most often stumble. Suppressors are legal in all three of those states with proper federal registration. The moment your vehicle crosses into Delaware, that same suppressor becomes a Class E felony in your trunk.
Federal law includes a “peaceable journey” provision at 18 U.S.C. § 926A that allows transport of a firearm through a state where possession would otherwise be illegal, provided you can lawfully possess it at both origin and destination and the firearm is unloaded and not readily accessible during transport.5Office of the Law Revision Counsel. 18 USC 926A – Interstate Transportation of Firearms
On paper this protects a driver moving between two suppressor-legal states. In practice, relying on it for NFA items is risky. State and local officers may not recognize the federal safe-passage rule during a traffic stop, and asserting it as a defense at trial is a far worse outcome than routing around the state. If you must transit Delaware with a suppressor, keep it unloaded, locked in a hard case, and stored where the driver cannot reach it. The safer plan is to avoid Delaware entirely.
Moving to Delaware With a Suppressor You Already Own
Relocating creates an immediate problem. The moment you establish residency, you are in possession of a destructive weapon under state law. There is no grace period, no grandfather clause, and no process for registering a suppressor you legally owned elsewhere.
Before the move, transfer the suppressor to someone in a state where ownership is legal, store it with a friend or family member outside Delaware, or transfer it to a federally licensed dealer. All NFA transfers still run through the ATF registration process even at a $0 tax stamp, so plan well ahead. Bringing the suppressor into Delaware “temporarily” while you sort out the paperwork is illegal possession from the first day.
How Delaware Compares to Neighboring States
Delaware is one of only eight states that ban civilian suppressor ownership outright, joining California, Hawaii, Illinois, Massachusetts, New York, New Jersey, and Rhode Island. Forty-two states allow private ownership, and most of those also permit suppressor use while hunting.
The gap with Delaware’s immediate neighbors is sharp. Pennsylvania, Maryland, and Virginia all allow suppressor ownership with proper federal registration. A perfectly legal accessory in any of those states becomes a felony within a few miles of driving, which is why suppressor owners in the mid-Atlantic need to know exactly where the Delaware line falls before they plan a trip.