Delaware’s magazine capacity law prohibits any ammunition feeding device that holds more than 17 rounds, with no exception for magazines bought before the ban and no exception based on when you moved to the state. Penalties climb from a $100 civil fine for a first possession offense to a class E felony for repeat violations or any sale or transfer. The single most important carve-out: anyone with a valid Delaware concealed carry permit is fully exempt.
What Qualifies as a Large-Capacity Magazine
The statute defines a large-capacity magazine as any ammunition feeding device that can accept, or be readily converted to accept, more than 17 rounds.1Justia Law. Delaware Code 11-1468 – Definitions Related to Large-Capacity Magazines Both detachable box magazines and fixed magazines built into a firearm are covered.
Two carve-outs matter for ordinary owners. Tubular feeding devices designed exclusively for .22 caliber rimfire ammunition are not treated as large-capacity magazines no matter how many rounds they hold, which keeps most lever-action .22 rifles out of the definition. And a removable floor plate, on its own, is not proof that a magazine can be “readily converted” to exceed 17 rounds. Owning a 15-rounder with a detachable base plate does not put you on the wrong side of the law.1Justia Law. Delaware Code 11-1468 – Definitions Related to Large-Capacity Magazines
Penalties for Possession, Sale, or Transfer
The penalty depends on what you did and whether you have a prior violation:
- A first offense for possession alone is a civil penalty of $100. It is not a criminal charge and does not create a misdemeanor or felony record.2Justia Law. Delaware Code 11-1469 – Large-Capacity Magazines Prohibited
- A second possession offense is a class B misdemeanor, carrying up to 6 months in jail and a fine of up to $1,150.2Justia Law. Delaware Code 11-1469 – Large-Capacity Magazines Prohibited3Delaware Code Online. Delaware Code Title 11 Chapter 42 – Sentencing
- Everything else is a class E felony, punishable by up to 5 years in prison. That covers any third or subsequent possession offense, and any manufacturing, selling, purchasing, or transferring of a prohibited magazine, even on a first offense.2Justia Law. Delaware Code 11-1469 – Large-Capacity Magazines Prohibited3Delaware Code Online. Delaware Code Title 11 Chapter 42 – Sentencing
Selling or handing off a large-capacity magazine skips the tiered structure entirely and lands in felony territory the first time. Regardless of the offense level, the magazine itself is forfeited. You do not get it back.2Justia Law. Delaware Code 11-1469 – Large-Capacity Magazines Prohibited
Who Is Exempt From the 17-Round Cap
Several categories of people can lawfully possess magazines that hold more than 17 rounds:2Justia Law. Delaware Code 11-1469 – Large-Capacity Magazines Prohibited
- Holders of a valid Delaware concealed carry permit issued by the Superior Court under § 1441. This is the exemption most likely to matter to civilian gun owners.
- Active law enforcement officers, and qualified retired officers.
- Members of the armed forces and National Guard acting in their official capacity.
- Federal government personnel acting within the scope of official duties.
- Licensed firearms dealers, but only for transfers to other licensed dealers or to individuals in the exempt categories above.
The concealed carry exemption changes who this law actually reaches. If you hold a valid Delaware permit, the 17-round cap does not apply. If the permit expires or is revoked, the exemption ends at the same moment.
Manufacturers have a narrower carve-out. They may produce large-capacity magazines in Delaware if the magazines are meant for buyers outside the state, and the people shipping or transporting those magazines on the manufacturer’s behalf are covered as well.2Justia Law. Delaware Code 11-1469 – Large-Capacity Magazines Prohibited
Keeping a Magazine by Permanently Modifying It
You do not have to surrender or destroy a large-capacity magazine. If it is permanently modified so that it cannot accept more than 17 rounds, or rendered permanently inoperable, it is no longer a “large-capacity magazine” under the statute.2Justia Law. Delaware Code 11-1469 – Large-Capacity Magazines Prohibited
The law does not spell out which mechanical methods qualify. Common approaches include epoxying a block or spacer inside the magazine body, riveting the follower in place, or welding in a restrictor. The legal question is whether the modification can be reversed with ordinary tools. A limiter that pops out in a few minutes may not satisfy a court’s idea of “permanent.” Licensed firearms dealers are specifically authorized to perform these modifications.4Delaware General Assembly. Senate Bill 6 – Delaware Large Capacity Magazine Prohibition Act of 2021
No Grandfather Clause
Unlike Delaware’s separate assault weapons law, which allows continued possession of weapons owned before its effective date, the magazine ban contains no grandfather provision.5U.S. District Court for the District of Delaware. Opinion No. 22-951 Having owned a 20-round magazine since 2015 does not make it legal to keep in 2026. If it holds more than 17 rounds and has not been permanently modified, keeping it violates the law.
Senate Bill 6, signed on June 30, 2022, set up a relinquishment and compensation program run by the Department of Safety and Homeland Security. Residents could turn in prohibited magazines at collection events in exchange for a monetary payment.4Delaware General Assembly. Senate Bill 6 – Delaware Large Capacity Magazine Prohibition Act of 2021 That window has closed. Anyone still holding a non-compliant magazine now faces the penalty structure above, starting with the $100 civil fine on a first possession offense.
Traveling Through Delaware
If you live in a state where higher-capacity magazines are legal and you are driving through Delaware to another state where they are legal, federal law offers some protection. The Firearm Owners Protection Act permits interstate transport of firearms through restrictive states so long as the firearm is unloaded and neither the firearm nor ammunition is readily accessible from the passenger compartment. If the vehicle has no separate trunk, both must be in a locked container other than the glove compartment or center console.6Office of the Law Revision Counsel. 18 U.S. Code 926A – Interstate Transportation of Firearms
The catch: the safe passage provision references “a firearm” and “ammunition.” Whether a detached magazine, by itself, falls under that protection is unsettled, and Delaware officers may not treat the federal defense as covering magazines on their own. The safer practice is to keep any large-capacity magazine unloaded, locked in a container in the trunk, and separated from the firearm. Stopping overnight or running errands weakens a safe-passage argument.
Is the Law Still in Effect
Yes. The Delaware State Sportsmen’s Association and other plaintiffs challenged the ban in federal court on Second Amendment grounds. The U.S. District Court for the District of Delaware denied a preliminary injunction, finding the law consistent with the nation’s historical tradition of firearm regulation. On July 15, 2024, the Third Circuit affirmed, noting the plaintiffs had not shown that Delaware had tried to enforce the laws against them or that they had an urgent need for the banned magazines.7Justia Law. Delaware State Sportsmens Association Inc v. Delaware Department of Safety and Homeland Security As of 2026, no injunction blocks enforcement. The 17-round limit stands, and possession outside the exempt categories remains unlawful.