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Storing a Gun at Home

11 Del. C. § 1456 — a loaded gun a child or prohibited person gets hold of, and a gun left unattended in a car

A person is guilty of unsafe storage who intentionally or recklessly leaves a loaded firearm somewhere other than a vehicle, within reach of an unauthorized person, the unauthorized person gets it, and all of these are true:

  • 11 Del. C. § 1456
  • It was not in a locked box or container.
  • It was not disabled with a properly engaged tamper resistant trigger lock.
  • It was not where a reasonable person would have believed it secure from an unauthorized person.
  • The unauthorized person did not get it through an unlawful entry.
  • 11 Del. C. § 1456
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An unauthorized person is a child, or a person barred by state or federal law from having a firearm. A firearm carried by or under the control of its owner is not being stored.

  • 11 Del. C. § 1456

In a car. Knowingly leaving a firearm unattended in a vehicle is unsafe storage unless it is in a locked box or container, a locked firearms rack on the vehicle, or locked in the trunk.

  • 11 Del. C. § 1456

Each is a class B misdemeanor. It becomes a class A misdemeanor when the unauthorized person commits a crime with the firearm, uses it to cause serious physical injury or death, or passes it to another unauthorized person.

  • 11 Del. C. § 1456

A glove compartment counts as a locked container only if it can be manually locked. A particular situation is a question for a licensed Delaware attorney.

  • 11 Del. C. § 1456
Sources for this section (1)
  1. 11 Del. C. § 1456 — Unsafe storage of a firearm or projectile weapon; class A or B misdemeanor

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Delaware attorney.

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