A 2014 Delaware Supreme Court ruling recognized that open carry was a long-standing fundamental right, and could only be prohibited by local ordinances in effect prior to July 4, 1985. Open carry without a permit is generally lawful. Permits are generally issued to all applicants not barred from owning a firearm. Active and retired law enforcement officers, members of the United States Armed Forces, and concealed-carry permit holders are exempt from the ban.22 Caliber tubular magazines are also exempt from the ban.ĭelaware is de jure a "may issue" state for concealed carry, but historically and in light of the Supreme Court's decision in New York State Rifle & Pistol Association, Inc. The law also bans "copycat" assault weapons, which are defined as being a firearm that while not specifically listed as a banned assault weapon, is either a semi-automatic centerfire rifle, semi-automatic shotgun, or semi-automatic pistol with one or more specific banned cosmetic features.Įffective August 29, 2022, the production, sale, purchase, receipt, transfer, and possession of magazines capable of holding more than 17 rounds is prohibited. State law bans numerous specifically named semi-automatic centerfire rifles, semi-automatic shotguns, and semi-automatic pistols.
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