In 2022, Delaware enacted a ban on the manufacture, sale, transfer, receipt, and possession of an assault weapon.¹ An assault weapon is defined² as:

•  An assault long gun or pistol, which are defined by reference to a list of firearm models by manufacturer, and any copy of such models;³ or
• A copycat weapon,⁴ which is defined as
  • A semiautomatic, centerfire rifle that can accept a detachable magazine and has at least 1 of the following:
    • A folding or telescoping stock;
    • Any grip of the weapon, including a pistol grip, a thumbhole stock, or any other stock, the use of which would allow an individual to grip the weapon, resulting in any finger on the trigger hand in addition to the trigger finger being directly below any portion of the action of the weapon when firing;
    • A forward pistol grip;
    • A flash suppressor; or
    • A grenade launcher or flare launcher.
  • A semiautomatic, centerfire rifle that has an overall length of less than 30 inches.
  • A semiautomatic pistol that can accept a detachable magazine and has at least 1 of the following:
    • An ability to accept a detachable ammunition magazine that attaches at some location outside of the pistol grip;
    • A threaded barrel capable of accepting a flash suppressor, forward pistol grip or silencer;
    • A shroud that is attached to, or partially or completely encircles, the barrel and that permits the shooter to fire the firearm without being burned, except a slide that encloses the barrel; or
    • A second hand grip.
  • A semiautomatic shotgun that has both of the following:
    • A folding or telescoping stock; and
    • Any grip of the weapon, including a pistol grip, a thumbhole stock, or any other stock, the use of which would allow an individual to grip the weapon, resulting in any finger on the trigger hand in addition to the trigger finger being directly below any portion of the action of the weapon when firing.
  • A semiautomatic shotgun that has the ability to accept a detachable magazine.
  • A shotgun with a revolving cylinder.
  • A semiautomatic pistol with a fixed magazine that can accept more than 17 rounds; or
  • A semiautomatic, centerfire rifle that has a fixed magazine that can accept more than 17 rounds.

People who possessed assault weapons before June 20, 2022 may lawfully possess the assault weapon:

• At that person’s residence, place of business, or other property owned by that person, or on property owned by another person with the owner’s express permission.
• While on the premises of a shooting range.
• While attending any exhibition, display, or educational project that is about firearms and that is sponsored by, conducted under the auspices of, or approved by a law-enforcement agency or a nationally or state recognized entity that fosters proficiency in, or promotes education about, firearms.
• While transporting the assault weapon between any of the places described above, or to any licensed firearms dealer for servicing or repair, if the person places the assault weapon in secure storage.⁵ Secure storage is defined as stored in a locked container or equipped with a tamper resistant mechanical lock or other safety device that is properly engaged so as to render the firearm inoperable by a person other than the owner or other lawfully authorized user.⁶

Ownership of an assault weapon may be transferred from the person owning the assault weapon to a member of that person’s family, and it is lawful for the family member to possess the transferred assault weapon as if they were the original owner, if the transferor lawfully possessed the assault weapon and the family member to whom the assault weapon is transferred is otherwise lawfully permitted to possess it.⁷

A person who is exempt from the assault weapon prohibition may, no later than June 30, 2023, apply to the Secretary of the Department of Safety and Homeland Security for a voluntary certificate of possession.⁸ In a prosecution for unlawful possession of an assault weapon, a voluntary certification of possession is conclusive evidence that a person lawfully possessed or had completed a purchase of an assault weapon before the ban became effective.⁹ The Secretary of the Department of Safety and Homeland Security shall establish procedures with respect to the application for and issuance of certificates of possession for assault weapons.¹⁰

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1. Del. Code tit. 11, § 1466(a).[↩]
2. Id. at 1465(4).[↩]
3. Id. at (2), (3).[↩]
4. Id. at (6).[↩]
5. Del. Code tit. 11, § 1466(c)(3).[↩]
6. Del. Code tit. 11, § 1465(12).[↩]
7. Del. Code tit. 11, § 1466(c)(5).[↩]
8. Del. Code tit. 11, § 1467.[↩]
9. Id.[↩]
10. Id.[↩]