Domestic Violence Misdemeanors

Delaware generally prohibits the purchase, ownership, possession or control of any firearm or ammunition by any person who has been convicted in any court of any misdemeanor crime of domestic violence.¹ “Misdemeanor crime of domestic violence” means any misdemeanor offense that:

• Was committed by a:
  • Member of the victim’s family² (regardless, however, of the state of residence of the parties);
  • Former spouse of the victim;
  • Person who co-habited with the victim at the time of the offense or within the past three years³ ;
  • Person with a child in common with the victim; or
  • Person with whom the victim had a substantive dating relationship⁴, at the time of or within 3 years prior to the offense⁵; and
• Is an offense specifically defined under the Delaware Code.⁶

Unlike federal law, Delaware law only disqualifies people convicted of domestic violence misdemeanors from purchasing or possessing firearms for five years following conviction.⁷

Domestic Violence and sexual violence Protective Orders

Delaware prohibits the purchase, ownership, possession or control of any firearm or ammunition by any person subject to a Family Court protection from abuse order (other than an ex parte order) for so long as that order remains in effect or is not vacated or otherwise terminated.⁸

Delaware also enacted legislation in 2022 to create a sexual violence protective order process, effective April 10, 2023.⁹ This law authorizes (though does not require) courts issuing sexual violence protective orders, including both ex parte and final protective orders, to order the respondent to relinquish any firearms in their possession to a police officer or federally-licensed dealer and to refrain from purchasing or receiving firearms for the duration of the order.¹⁰ The court may also direct a law enforcement agency to immediately search for and seize any firearms or ammunition owned, possessed, or controlled by the respondent when issuing a sexual violence protective order.¹¹

Firearm relinquishment When Protective Orders Are Issued

Delaware authorizes, but does not require, courts to issue protective orders that direct the respondent to surrender all firearms in his or her possession. As part of a protective order, the court may order that the respondent temporarily relinquish all the firearms he or she owns to a police officer or federally licensed firearms dealer.¹²

In 2015, Delaware strengthened its law disarming a person subject to a protective order (effective January 1, 2017).¹³ Under current law, if the protective order requires the respondent to relinquish their firearms, the order must also:

• Prohibit the respondent from purchasing, receiving or controlling any additional guns or ammunition for the duration of the order;
• State that firearms shall be relinquished immediately to a police officer if requested by the police officer upon personal service of the protective order. If no request is made by a police officer, the relinquishment shall occur within 24 hours of personal service of the order at any staffed police station or a federally-licensed firearms dealer located in Delaware; and
• Require the respondent to file, within 48 hours of personal service:
  • A certification, signed under penalty of perjury, that the respondent did not own, possess, or control any firearms at the time of the order and currently does not own, possess, or control any firearms;
  • A copy of a proof of transfer showing, for each firearm owned, possessed, or controlled by the respondent at the time of the order, that the firearm was relinquished to a police officer or a federally-licensed firearms dealer located in Delaware; or
  • A certification, signed under penalty of perjury, for each firearm owned, possessed, or controlled by the respondent at the time of the order, that the respondent is unable to obtain access to the firearm, specifying the location of the firearm and the reason why the respondent is unable to obtain access.¹⁴

Delaware courts issuing protective orders also may direct law enforcement to search for and seize a respondent’s firearms upon a showing by the petitioner of the order that respondent has firearms in his or her possession, and:

• The petitioner can describe, with sufficient particularity, the type and location of the firearm or firearms; and
• Respondent has used or threatened to use a firearm against the petitioner, or the petitioner expresses a fear that the respondent may us a firearm against the petitioner.¹⁵

Delaware has no other law expressly governing the removal or surrender of firearms at the scene of a domestic violence incident.

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1. Del. Code Ann. tit. 11, § 1448(a)(7).[↩]
2. The term “family” is defined Del. Code Ann. tit. 10, § 901(12).[↩]
3. Part of this provision was enacted in 2015 as part of SB 83, and does not go into effect until January 1, 2017.[↩]
4. Factors to consider for a substantive dating relationship may include the length of the relationship, or the type of relationship, or the frequency of interaction between the parties. Del. Code Ann. tit. 10, § 1041(2)(b).[↩]
5. Part of this provision was enacted in 2015 as part of SB 83, and does not go into effect until January 1, 2017.[↩]
6. These prohibited offenses are listed under Delaware Code Ann. Title 11 §§ 601, 602, 603, 611, 614, 621, 625, 628, 763, 765, 766, 767, 781, 785 or 791, or any similar offense when committed or prosecuted in another jurisdiction.[↩]
7. Del. Code Ann. tit. 11, § 1448(d).[↩]
8. Del. Code Ann. tit. 11, § 1448(a)(6). This provision does not apply to a contested order issued solely upon Del. Code Ann. tit. 10, § 1041(1)(d), (e), or (h), or any combination thereof.[↩]
9. See 2021 DE HB 264 (establishing Chapter 72 of Title 10 of the Delaware Code, commencing at Section 7201).[↩]
10. Del. Code Ann. tit. 10, § 7204(d)(3).[↩]
11. Del. Code Ann. tit. 10, § 7204(d)(4).[↩]
12. Del. Code Ann. tit. 10, § 1045(a)(8).[↩]
13. 2015 DE SB 83[↩]
14. 2015 SB 83, to be codified at Del. Code Ann. tit. 10, § 1045(g) as of January 1, 2017.[↩]
15. Del. Code Ann. tit. 10, § 1045(a)(11).[↩]