Delaware HB450 Assault Weapons Ban: Exemptions and Penalties

Delaware’s assault weapons ban, enacted as House Bill 450 and signed by Governor John Carney on June 30, 2022, makes it a felony to manufacture, sell, buy, transfer, receive, possess, or transport a covered firearm into the state. People who legally owned a covered weapon before that date can keep it, but only under specific conditions. The law survived a federal Second Amendment challenge when the U.S. Supreme Court declined to hear the case on January 13, 2025, and it remains fully enforceable today.1Delaware General Assembly. House Bill 450

Which Firearms Are Covered

The statute at 11 Del. C. § 1465 works in two layers. First, it names more than 60 specific rifle, pistol, and shotgun 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, and the FN FAL. Any copy of a named firearm is banned regardless of manufacturer.2Delaware Code Online. Delaware Code Title 11, Chapter 5, Subchapter VII

Second, a feature test catches unlisted firearms. A semi-automatic centerfire rifle that accepts a detachable magazine qualifies as a banned “copycat weapon” if it has at least two of these features: a folding stock, a grenade or flare launcher, a flash suppressor, or a conspicuous pistol grip beneath the action.2Delaware Code Online. Delaware Code Title 11, Chapter 5, Subchapter VII

A semi-automatic pistol falls under the ban if it accepts a detachable magazine and has any one of the following: a magazine attachment point outside the pistol grip, a threaded barrel capable of accepting a flash suppressor or silencer, a barrel shroud that allows the shooter to fire without getting burned, or a second handgrip. Rimfire pistols used exclusively for organized competitive shooting run by state or nationally recognized organizations get a narrow exemption from the magazine-attachment-point rule.3Delaware General Assembly. Senate Substitute 1 for Senate Bill 228 – Full Text

Semi-automatic shotguns with folding stocks, and any shotgun with a revolving cylinder, are also classified as assault weapons.2Delaware Code Online. Delaware Code Title 11, Chapter 5, Subchapter VII

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. That covers commercial sales at licensed dealers, private transactions between individuals, and any movement of a covered firearm across the state line.4Justia Law. Delaware Code 11-1466 – Manufacture, Sale, Transport, Transfer, Purchase, Receipt, and Possession of Assault Weapons

The transport prohibition catches people off guard. There is no exemption for someone moving to Delaware from another state. Even if you owned the firearm legally elsewhere for years, bringing it across the border violates § 1466(a)(1). The only way around this is to fit one of the specific exemption categories below.

If You Already Owned One Before June 30, 2022

If your purchase was completed before that date, you can keep the firearm. Possession is restricted, however, to these places and situations:4Justia Law. Delaware Code 11-1466 – Manufacture, Sale, Transport, Transfer, Purchase, Receipt, and Possession of Assault Weapons

  • Your residence, business, or 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 weapon between any of those places, or taking it to a licensed dealer for servicing, requires secure storage during transport. Carrying a grandfathered assault weapon in public outside these narrow circumstances is a felony, not a gray area.

Family Transfers and Inheritance

The law is more permissive here than many owners expect. A grandfathered owner can transfer the firearm to a family member, and that family member can legally possess it, provided the original owner had lawful possession and the recipient is not otherwise prohibited from owning firearms under Delaware law.5Delaware General Assembly. House Bill 450 – Full Text

Inheritance is separately listed as an exemption. A personal representative of an estate can possess the weapon while administering the estate and transfer it according to the will or probate order.4Justia Law. Delaware Code 11-1466 – Manufacture, Sale, Transport, Transfer, Purchase, Receipt, and Possession of Assault Weapons A family member who inherits or receives such a transfer can apply for a voluntary certificate of possession within 60 days of taking possession.6Justia Law. Delaware Code 11-1467 – Voluntary Certificate of Possession

The Certificate of Possession

Under 11 Del. C. § 1467, grandfathered owners could apply for a certificate through the Department of Safety and Homeland Security. The application window closed on June 30, 2023, one year after the law took effect. New family-member recipients still have their 60-day window from the date they receive the weapon.6Justia Law. Delaware Code 11-1467 – Voluntary Certificate of Possession

The certificate is voluntary. You do not need one to keep a grandfathered firearm. What it does is shift the legal footing if you are ever prosecuted under § 1466: the certificate is conclusive evidence that you owned the weapon before the cutoff and are entitled to keep it. Without one, pre-ban ownership becomes an affirmative defense you have to prove, using whatever records you kept, such as a receipt or bill of sale.

The application required the owner’s name, address, date of birth, thumbprint, and the weapon’s make, model, and serial number. Firearms manufactured before 1968 without serial numbers could be described by other identifying marks. The statute prohibits the Department from retaining copies of certificates or identifying information about applicants.6Justia Law. Delaware Code 11-1467 – Voluntary Certificate of Possession

Who Is Exempt From the Ban

Several categories of people and entities can still handle assault weapons, but only while acting within the scope of their authorized role:4Justia Law. Delaware Code 11-1466 – Manufacture, Sale, Transport, Transfer, Purchase, Receipt, and Possession of Assault Weapons

  • Federal government employees, active-duty armed forces members, and National Guard members in their official capacity.
  • Law enforcement officers on duty or otherwise acting within official business.
  • Qualified retired law enforcement officers, but only for weapons received from the agency at retirement or purchased for official use before retiring. A retired officer cannot buy a new assault weapon after retirement under this exemption.
  • Licensed firearms dealers and manufacturers, for purposes such as servicing law enforcement weapons, selling or transferring to out-of-state dealers or buyers, and returning repaired weapons under warranty.
  • Licensed armored car guards acting within the scope of their employment.
  • Accredited ballistics laboratories and entities that manufacture or test personal protective equipment.
  • Owners of assault weapons that have been permanently modified to be inoperable.
  • Organizations whose specific federally regulated business requires them to maintain assault weapons.

Bump Stocks and Trigger Cranks Are Separately Banned

These devices are prohibited under a different statute, 11 Del. C. § 1444, which covers destructive weapons. A bump stock is defined as any aftermarket device that uses recoil energy to increase a semi-automatic rifle’s rate of fire by causing the trigger to activate repeatedly. A trigger crank is a crank-operated device attached to the trigger guard that fires multiple shots per rotation.7Delaware General Assembly. Senate Bill 8 – Full Text

The U.S. Supreme Court struck down the federal bump stock ban in Garland v. Cargill in June 2024. Delaware’s state ban is independent of that ruling and 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 a law enforcement agency and can be destroyed 30 days after relinquishment.

Penalties

Violating § 1466 is a felony, with the statute referencing class E and class F felony classifications depending on the nature of the violation. A class E felony carries a maximum prison sentence of up to five years, and judges can also impose fines and supervised probation.8Justia Law. Delaware Code 11-4205 – Sentence for Felonies

The collateral consequences reach further than the sentence. A felony conviction eliminates your right to own any firearm under both Delaware and federal law, and it produces a permanent record that appears on background checks for employment, housing, and professional licensing. A single violation can cost you the right to keep every other firearm in your collection.

Current Legal Status

The ban faced a federal challenge 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. The U.S. Supreme Court declined to hear the case on January 13, 2025, leaving the lower court rulings in place. The law is fully enforceable, with no injunction pending against it.