Deadly Weapons Dealers

Del. Code tit. 24, ch. 9
in effect

Del. Code tit. 24, § 901 License requirement.

No person shall engage in the business of selling any pistol or revolver, or stiletto, steel or brass knuckles, or other deadly weapon made especially for the defense of one’s person without first having obtained a license therefor, which license shall be known as “special license to sell deadly weapons” or a state license under Chapter 9B of this title. No person licensed or unlicensed shall possess, sell or offer for sale any switchblade knife. This section shall not apply to toy pistols, pocket knives or knives used for sporting purposes and in the domestic household, or surgical instruments or tools of any kind.

Del. Code tit. 24, § 902 Application and fee for license; duration; renewal.

(a) Whoever desires to engage in the business of selling any of the articles referred to in the first paragraph of § 901 of this title shall apply to the Department of State to obtain a license to conduct such business and shall pay an application fee of $50 to the Department. The license shall entitle the holder thereof to conduct such business until June 1 next succeeding its date. An application for renewal of such license shall be accompanied by a payment of $50 to the Department. (b) (1) A licensee who engages in the sale of firearm ammunition must include with their initial application and application for renewal a description of their theft and loss prevention policies and procedures as well as a report of all ammunition losses or theft within the prior year. An applicant or licensee’s description of theft and loss prevention policies is not a public record for purposes of the Freedom of Information Act, Chapter 100 of Title 29. (2) So long as information that complies with paragraph (b)(1) of this section is submitted with the application, the content of the policies and procedures may not be a basis for denial of an initial license or a renewal.

Del. Code tit. 24, § 903 Sale to persons under 21 or intoxicated persons.

No person shall sell to a person under the age of 21 or any intoxicated person any of the articles referred to in the first paragraph of § 901 of this title.

Del. Code tit. 24, § 903A Sale to individuals on the Voluntary Firearms Do-Not-Sell Registry [For application of this section, see 84 Del. Laws, c. 372, § 3].

(a) For purposes of this section: (1) “Dealer” means as defined in § 904A of this chapter. (2) “Firearm” means as defined under § 8571 of Title 11. (3) “Registry” means the Voluntary Firearms Do-Not-Sell Registry created under Chapter 98 of Title 11. (4) “Transfer” means as defined in § 1448B of Title 11. (b) A licensee may not knowingly sell or transfer a firearm to an individual who is enrolled on the Voluntary Firearms Do-Not-Sell Registry in accordance with Chapter 98 of Title 11. (c) An unlicensed person may not knowingly sell or transfer any firearm to an individual who is enrolled on the Registry. On behalf of the unlicensed person, a dealer holding a license under this chapter or a person licensed under Chapter 9B of this title must check the Registry when facilitating a sale or transfer of a firearm under § 904A of this title.

Del. Code tit. 24, § 904 Records [Effective until fulfillment of the contingency in 85 Del. Laws, c. 371, § 3].

(a) Any person desiring to engage in the business described in this chapter or Chapter 9B of this title shall keep and maintain in the place of business at all times a record in accordance with this section, or Chapter 9B of this title, if required, and all applicable federal laws and regulations. In such record the businessperson shall enter the date of the sale, the name and address of the person purchasing any deadly weapon, the number and kind of deadly weapon so purchased, the age of the purchaser, the mode of identification bearing a picture (except as provided in § 1448B(f) of Title 11) which includes a driver’s license, and any other information as required by federal law and regulation. The record shall at all times be open for inspection by any judge, justice of the peace, law-enforcement officer, constable or other peace officer of this State. (b) Any person engaging in the business described in this chapter shall keep and maintain a list of current employees including their names, former names used, dates of birth, physical descriptions and social security numbers. The required employee list and all attachments thereto shall be considered confidential but shall, nevertheless, be open for inspection by any law-enforcement officer of this State or of any political subdivision of this State, within their respective jurisdiction, at any time, at the licensee’s primary place of business and during the licensee’s regular business hours. No person licensed under this chapter shall knowingly allow any employee who is a person prohibited from possessing a deadly weapon pursuant to § 1448 of Title 11 to facilitate a sale of a deadly weapon. All employers licensed to do business pursuant to this chapter shall, prior to employment and at least once during each calendar year thereafter, perform a telephonic criminal history record check of each employee utilizing the procedures set forth in § 1448A of Title 11 and shall make and maintain a record thereof using the State Bureau of Identification Criminal History Record Information and Mental Health Information Consent Form (Form 544). A copy of each such form shall be attached to the above required employee list for inspection upon the valid request of a law-enforcement officer of this State or of any political subdivision of this State, within their respective jurisdiction. (c) Except as provided in § 951B of this title, any inspection by a judge, justice of the peace, law-enforcement officer, constable, or other peace officer of this State shall be reasonable under the circumstances existing at the time and shall only be made pursuant to and in furtherance of an open criminal investigation or during the course of a criminal prosecution.

Del. Code tit. 24, § 904A Background checks for sales between unlicensed persons [Effective until fulfillment of the contingency in 85 Del. Laws, c. 371, § 3].

(a) For purposes of this section: (1) “Dealer” means any person licensed as a deadly weapons dealer under this chapter and 18 U.S.C. § 921 et seq. or a person licensed under Chapter 9B of this title. (2) “Firearm” means as defined under § 8571 of Title 11. (3) “Prospective buyer” includes a prospective transferee. (4) “Prospective seller” includes a prospective transferor. (5) “Transfer” means as defined under § 1448B of Title 11. (6) “Unlicensed person” means as defined under § 1448B of Title 11. (b) As a condition of its license, any dealer holding a license under this chapter shall facilitate the transfer of a firearm from any unlicensed person on the request of the unlicensed person, through the following procedure: (1) The prospective buyer and prospective seller shall jointly appear at the place of business of the dealer, during the dealer’s regular hours of business, and shall inform the dealer of their desire to avail themselves of this subsection. (2) The dealer shall subject the prospective buyer to a background check under § 1448A of Title 11. (3) If the background check under paragraph (b)(2) of this section reveals that the prospective buyer is prohibited from possessing, purchasing, or owning a firearm under § 1448 of Title 11, the dealer shall inform the prospective buyer and prospective seller of that fact and the transfer may not take place. (4) The dealer shall maintain a record of all background checks conducted under this section in accordance with § 904 of this title. (5) Any dealer who is asked to facilitate the transfer of a firearm under this section, may charge a reasonable fee for the service, which may not exceed $30 per background check performed under this section. Notwithstanding the foregoing, a fee may not be charged for the return of a firearm to its owner if the proposed transaction may not be immediately and legally completed as the result, or lack thereof, of a background check under this subsection. (6) Failure or refusal on the part of the dealer to facilitate the transfer of a firearm under this subsection is adequate cause to suspend the license of the dealer for a period not to exceed 30 days per occurrence. (7) Subject to subchapter IV of Chapter 101 of Title 29, a dealer’s license may not be restricted, suspended, or revoked until the dealer has been given notice and an opportunity to be heard in accordance with the Administrative Procedures Act (Chapter 101 of Title 29). (c) Nothing in this section, or any other section of this Code, authorizes or permits this State or any agency, department, or instrumentality thereof to establish any system for the registration of firearm owners, except with respect to persons prohibited from receiving a firearm under Chapter 5 of Title 11. Any such system of registration is expressly prohibited. Firearm owner information in the custody of a firearm dealer does not constitute a registry under this subsection.

Del. Code tit. 24, § 905 Ammunition display.

(a) A licensee may not sell, offer for sale, or display for sale or transfer ammunition in a manner that allows that ammunition to be accessible to a purchaser or transferee without the assistance of the vendor or an employee of the vendor. Ammunition displayed in an enclosed display case or behind a counter or other customer access prevention device is not considered accessible for purposes of this section and fulfils the theft and loss prevention requirement under § 902(b) of this title. (b) A violation of this section is a civil offense. For a first offense the penalty is $500. For a second offense the penalty is $1,000. For a third or subsequent offense the penalty is $5,000. (c) The Court of Common Pleas has jurisdiction over violations of this section. (d) As used in this chapter, “ammunition” means as defined in § 1448 of Title 11.

Del. Code tit. 24, § 906 Penalties.

A person who violates § § 901, 903, 904, or 904A of this title shall be fined not more than $500 or imprisoned not more than 6 months, or both.

Del. Code tit. 24, § 907 Firearm Responsibilities Notice [Effective upon fulfillment of the contingency in 85 Del. Laws, c. 371, § 3].

(a) The Department of Safety and Homeland Security shall publish a Firearm Responsibilities Notice. The Firearm Responsibilities Notice must be written in plain, concise language and include information about all of the following: (1) The responsibilities of a firearm owner if a firearm is lost or stolen, and the penalties for a violation of § 1461 of Title 11. (2) The penalties for engaging in a firearms transaction on behalf of another (a straw purchase) and examples of what constitutes a straw purchase. (3) The steps necessary to lawfully transfer a firearm to another person. (4) The crime of wilfully and intentionally making or providing a false oral or written statement or furnishing or exhibiting any false identification intended or likely to deceive a deadly weapons dealer in connection with the purchase, transfer, or attempted purchase or transfer of a firearm. (5) The importance of firearm safety. (6) Prevention of suicide by firearm including the contact information for the national suicide prevention hotline. (7) The importance of safe storage of firearms as well as a summary of Delaware’s child access prevention laws and laws relating to the safe storage of firearms, including §§ 603 and 1456 of Title 11. (8) Restrictions on firearms in sensitive locations. (b) The Department of Safety and Homeland Security shall publish and make available along with the Firearm Responsibilities Notice required under this section, a form for signature that acknowledges receipt of a Firearm Responsibilities Notice by a person buying or otherwise acquiring a firearm. The form required under this subsection must have on it in clearly legible font the following statement: “I understand that by signing this form I may be exposing myself to criminal liability.” (c) The Department of Safety and Homeland Security must do all of the following: (1) Annually consult with the Department of Justice and other stakeholders on revisions or updates to the Firearm Responsibilities Notice. Proposed revisions to the Firearm Responsibilities Notice shall be published in the Register of Regulations along with a means for submission of public comment on the revisions. (2) Post the Firearm Responsibilities Notice to the Department’s website. (3) Provide the Firearm Responsibilities Notice free of charge to licensed importers, licensed manufacturers, and licensed dealers in the State that sell, transfer, or deliver firearms.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title24/c009/index.htmlFetched: 10/4/2026