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HANDGUN QUALIFIED PURCHASER PERMIT

In 2024, Delaware enacted a law so that a person will not be able to purchase a handgun unless they possess a valid handgun qualified purchaser permit issued by the State Bureau of Identification (SBI) within the Division of State Police.1

The SBI must issue a handgun qualified purchaser permit to a person who the Director finds is a qualified law enforcement officer, a retired law enforcement officer, or who meets all the following: 

  • Is at least 21 years old; 
  • Does not pose a danger of causing physical injury to themself or others by owning, purchasing, or possessing firearms;
  • Has completed the required firearms training within 5 years of applying; and 
  • Is not prohibited from purchasing or possessing firearms under Delaware or federal law;2

The SBI must take the fingerprints of each person applying for a handgun qualified purchaser permit and compare them with any records of fingerprints in Delaware, submit the fingerprints to the FBI and request a search in the National Instant Criminal Background Check System, and search the Delaware Criminal Justice Information System to determine if the applicant is prohibited under Delaware or federal law from purchasing or possessing a firearm.3

The SBI must also contact the local law-enforcement agencies where the person resides and inquire as to any facts and circumstances relevant to the person’s qualification for a handgun qualified purchaser permit. If the applicant has lived in that county or municipality for less than 5 years, the SBI must also contact the local law enforcement agency of each county or municipality in which the applicant has resided for the previous 5 years and inquire as to any facts and circumstances relevant to the person’s qualification for a handgun qualified purchaser permit.4

Within 30 days its receipt of an application, the SBI must either issue a handgun qualified purchaser permit, or notify the applicant in writing of the denial of the permit and the specific reasons for the denial.5

A handgun qualified purchaser permit expires two years from the date of issuance.6 

The Director may revoke a handgun qualified purchaser permit at any time if its found that the person issued the permit has become disqualified or is no longer a qualified law enforcement officer or retired law enforcement officer.7 A person whose application for a permit is denied or revoked may submit, within 30 days of the denial or revocation, a written request for a hearing in the Justice of the Peace Court for the county in which the person resides.8 The hearing must be held within 21 days of receiving the request.9 The decision by the Justice of the Peace may be appealed, within 15 days, to the Superior Court for a new hearing; the new hearing must be held within 15 days of the filing of the appeal.10

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  1. Del. Code Ann. tit. 11, §§ 1448A, 1448B.[]
  2. Del. Code Ann. tit. 11, § 1448D(f).[]
  3. Del. Code Ann. tit. 11, § 1448D(h)(1).[]
  4. Del. Code Ann. tit. 11, § 1448D(h)(2).[]
  5. Del. Code Ann. tit. 11, § 1448D(h), (i).[]
  6. Del. Code Ann. tit. 11, § 1448D(j)(1).[]
  7. Del. Code Ann. tit. 11, § 1448D(l).[]
  8. Del. Code Ann. tit. 11, § 1448D(m).[]
  9. Id.[]
  10. Id.[]