Last Updated: May 20,2026
Delaware just got significantly stricter for private gun sales. As of November 16, 2025, anyone buying a handgun in Delaware must first obtain a new Permit to Purchase — which requires a safety training course, fingerprinting through IdentoGO, and a background check through the State Bureau of Investigation. Private transfers still require both parties to visit a licensed FFL dealer for a background check. This Bill of Sale documents the agreed price, the firearm's condition, and the buyer's permit details before you walk into the dealer — your private record of the transaction that the state's paperwork does not replace.
Note: Verified for Delaware SB 2 Compliance
Delaware Universal Background Check Rules:
📄 Delaware Firearm Form Draft Preview:
Legal Protocol for Delaware Private Gun Sales
Generating your official Delaware gun bill of sale takes less than 5 minutes using our interactive builder above. Under Del. Code tit. 11 § 1448B, recording the precise serial number, weapon specifications, and verifying the buyer's DE Driver License / Permit to Purchase # is your primary line of legal defense should the firearm ever be traced back to you.
Need a field-by-field breakdown on how to legally execute this transfer? Read our comprehensive, nationwide Step-by-Step Firearm Bill of Sale Guide.
💡 Delaware Statutory Requirements
Delaware's new Permit to Purchase (SB 2, effective November 16, 2025) means that as a private seller, you should verify that the handgun buyer holds either a valid Permit to Purchase or a Delaware Concealed Carry Deadly Weapons License (CCDW) — CCDW holders are exempt from the new permit requirement. The training course for the Permit to Purchase costs approximately $250 including range fees, plus $85 for fingerprinting through IdentoGO. The minimum age for handguns and rifles is 21 — for shotguns it is 18. Delaware also has an assault weapons ban and a 17-round magazine limit. Suppressors are illegal for civilians in Delaware regardless of the new federal NFA changes. One unique quirk: Delaware's concealed carry permit application requires publishing your full name, address, and intent to apply in a local newspaper at least 10 days before filing — one of the most unusual requirements in the country.
🚫 Critical Liabilities for Delaware Sellers
- Not verifying the buyer's Permit to Purchase for handguns — as of November 16, 2025, buyers without a Permit to Purchase or valid CCDW license cannot legally receive a handgun in Delaware.
- Assuming suppressors are now legal in Delaware — despite the federal NFA tax stamp elimination effective January 1, 2026, Delaware state law still prohibits civilians from owning suppressors.
- Getting the minimum age wrong — handguns and rifles require buyers to be 21 in Delaware. Shotguns are 18+. The 21-year requirement applies to private sales as well as dealer sales.
- Selling an assault weapon or high-capacity magazine — Delaware has an assault weapons ban and a 17-round magazine limit. Transferring banned firearms or magazines privately is a felony.
- Skipping the FFL dealer — Delaware requires all private transfers to go through a licensed dealer for a background check. A direct hand-to-hand transfer is a Class A misdemeanor for a first offense and a Class G felony for subsequent offenses.
- Not knowing the family exemption — transfers between immediate family members and legal guardians are exempt from the background check requirement, but extended family and in-laws are not.
Delaware Firearm Transfer FAQ
Does Delaware require a background check for private sales?
Yes. Under Del. Code § 1448B, all private firearm transfers must go through a licensed FFL dealer who runs a background check through the State Bureau of Investigation (SBI). Delaware is a point-of-contact state, meaning the check goes through the SBI rather than directly to the federal NICS system. Both the seller and buyer must appear together at the dealer's location to complete the transfer. Skipping this step is a Class A misdemeanor for a first offense and a Class G felony for repeat violations.
What is Delaware's new Permit to Purchase requirement?
As of November 16, 2025, anyone buying a handgun in Delaware must first obtain a Permit to Purchase from the State Bureau of Investigation. Getting the permit requires completing a certified firearms safety training course (approximately $250 including range fees), fingerprinting through IdentoGO ($85), and a background investigation. CCDW (Concealed Carry Deadly Weapons License) holders are exempt from this requirement. As a seller, always verify that a handgun buyer holds either a valid Permit to Purchase or a CCDW license before proceeding.
Is a Bill of Sale necessary in Delaware?
Yes. While the FFL dealer records the transfer for the state, the Bill of Sale is your private contract. It documents the agreed price, the firearm's condition, and the buyer's permit details before you visit the dealer. If the buyer backs out after the background check is initiated, or if a price dispute arises later, this document is your proof. Delaware's background check can take up to 25 days in some cases — having a signed agreement protects both parties during that window.
What is Delaware's Red Flag law?
Delaware enacted a Red Flag law in 2018 — called the Lethal Violence Protective Order (LVPO). It allows family members, household members, and law enforcement to petition a court to temporarily remove firearms from someone deemed a danger to themselves or others. You can find more information on the Delaware Courts website. As a seller, ask the buyer to certify on the Bill of Sale that they are not currently subject to an LVPO — knowingly selling to someone under such an order is a criminal offense.
Can I sell a magazine with more than 17 rounds in Delaware?
No. Delaware prohibits the sale or transfer of magazines capable of holding more than 17 rounds under Del. Code § 1469. This limit was enacted in 2022 and applies to private transfers as well as dealer sales. Note that Delaware's limit of 17 rounds is slightly more permissive than states like Connecticut (10 rounds) or California (10 rounds), but stricter than the federal baseline which has no capacity limit.
Are suppressors legal in Delaware?
No. Delaware state law prohibits civilians from owning suppressors regardless of federal law. This is an important distinction in 2026 — even though federal NFA tax stamp requirements have changed, Delaware's state-level ban remains in effect. Do not include a suppressor in any private sale in Delaware.
What is the minimum age for private gun sales in Delaware?
The minimum age for purchasing handguns and rifles in Delaware is 21. For shotguns, the minimum age is 18. These requirements apply to private sales as well as dealer sales. Limited exceptions exist for active military members and qualified law enforcement officers as outlined by the Delaware Department of Justice.
Is there a waiting period in Delaware?
There is no fixed statutory waiting period in Delaware, but the transfer cannot be completed until the SBI approves the background check. In high-volume periods this can create a de facto wait of several weeks — Delaware law allows up to 25 days before a transfer can proceed without a denial. Always check the current status at the Delaware State Police portal.
Can I sell to a family member without a background check?
Yes, with limits. Delaware exempts transfers between immediate family members and legal guardians from the background check requirement under § 1448B(c). However, extended family members such as cousins, in-laws, and aunts or uncles are not included in this exemption — those transfers still require an FFL background check.
Who is a prohibited person in Delaware?
Prohibited persons include convicted felons, those with certain violent misdemeanor convictions, and individuals adjudicated as mentally incompetent under Del. Code § 1448. Delaware also prohibits firearm possession by anyone convicted of a crime of violence within the past 5 years. Selling to a prohibited person is a felony regardless of whether you used an FFL dealer.