Banned Guns and Magazines
11 Del. C. § 1466 — assault weapons are a class D felony, and a magazine over 17 rounds starts with a $100 civil penalty
It is unlawful to transport an assault weapon into the State, or to manufacture, sell, offer to sell, transfer, purchase, receive or possess one. A violation is a class D felony.
- An assault weapon modified to be permanently inoperative.
- One received by inheritance, where the person who died possessed it lawfully and the heir is not a person prohibited.
- Officers and members of the armed forces acting within the scope of official business.
Magazines. Manufacturing, selling, purchasing, receiving, transferring or possessing a large capacity magazine is unlawful. A first offense of possession alone is a civil penalty of $100, a second is a class B misdemeanor, and anything else is a class E felony.
The magazine section does not apply to a holder of a valid concealed carry permit from the Superior Court, or to a magazine permanently rendered inoperable or modified to accept 17 rounds or less.
Which firearms are assault weapons is a list in the code's definitions, and court challenges to these sections may change what is enforced. A particular firearm is a question for a licensed Delaware attorney.
Sources for this section (2)
- 11 Del. C. § 1466 — Manufacture, sale, transport, transfer, purchase, receipt, and possession of assault weapons; class E or F felony
- 11 Del. C. § 1469 — Large-capacity magazines prohibited; class E felony; class B misdemeanor; or civil violation
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Delaware attorney.