Carrying While Intoxicated
11 Del. C. § 1460 — a firearm in a public place at .08 or more, or manifestly under the influence
Possessing a firearm or projectile weapon in a public place while under the influence of alcohol or drugs is a class A misdemeanor, and a class G felony after a previous conviction for the same offense.
- Under the influence means an alcohol concentration of .08 or more, including .08 or more within 4 hours after the person was found with the firearm.
- It also means being manifestly under the influence of alcohol or a drug to the degree that the person may be in danger, endanger others or property, or annoy persons nearby.
- A public place includes highways, schools, parks, playgrounds, restaurants, bars, taverns, and the hallways and lobbies of apartment houses and hotels.
Two defenses. It is an affirmative defense that the firearm was not readily operable, meaning disassembled, broken down or stored to prevent its immediate use, or that the person had no ammunition for it.
An officer with probable cause may take reasonable steps to test the person's alcohol concentration, with or without consent, and a refusal is admissible at trial.
A particular situation is a question for a licensed Delaware attorney.
Sources for this section (1)
- 11 Del. C. § 1460 — Possession of firearm or projectile weapon while under the influence
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Delaware attorney.