Back to All States

Delaware Gun Bill of Sale

Official 2026 Private Transfer & Liability Document

In Delaware, where private sales are subject to background checks, a comprehensive Bill of Sale is an essential secondary record. This 2026 edition of the Delaware Firearm Bill of Sale documents the private agreement between parties, providing a detailed record of the firearm’s condition and the buyer’s residency. It acts as a robust shield against future liability, ensuring that if the firearm is ever traced, you have physical, signed evidence that the transfer was handled through proper channels and ownership was officially passed.

1. Transaction Basics
2. Seller Details
3. Buyer Details
4. Firearm Identification

Warning: An incorrect serial number voids your liability protection.

How to fill out a Delaware Gun Bill of Sale

1
Verify Legal Eligibility Ensure both parties are Delaware residents and not "prohibited persons" under federal law or Del. Code tit. 11 § 1448B.
2
Enter Primary Details Fill in the sale date and the agreed-upon purchase price. Accurate financial records are essential for private property transfers.
3
Document Identification Record the full names, addresses, and DE Driver License / State ID # numbers for both the buyer and seller. This is crucial for liability protection.
4
Inspect the Firearm Carefully transcribe the Make, Model, and Serial Number directly from the firearm's frame. Verification prevents future legal disputes.
5
Notary & Witness Requirements While not strictly required for private sales in Delaware, having the document signed before a **Notary Public** or an objective **Witness** provides the highest level of legal non-repudiation.

Delaware Firearm Transfer FAQ

Does Delaware require a background check for private sales?

Yes. Under Delaware law, all private firearm transfers must be conducted through a licensed FFL dealer who will perform a criminal background check on the buyer.

Is a Bill of Sale necessary in Delaware?

Yes. It acts as your primary record of the transaction. Even though an FFL is involved, having your own signed Bill of Sale protects you if the dealer's records are ever lost or destroyed.

What is the 'Red Flag' law in Delaware?

Delaware allows family members or police to petition for a 'Lethal Violence Protective Order' to temporarily remove firearms from individuals deemed a danger to themselves or others.

Can I sell a magazine over 17 rounds?

No. Delaware law now prohibits the sale or transfer of 'large-capacity' magazines holding more than 17 rounds.

Is there a waiting period in Delaware?

While there is no statutory waiting period, the sale cannot be completed until the FFL dealer receives a 'Proceed' response from the NICS background check system.

What ID is required?

A valid Delaware Driver’s License or State ID is required to prove residency. Out-of-state buyers must go through an FFL in their own state.

Who is a 'prohibited person' in Delaware?

Felons, those convicted of violent misdemeanors, or individuals with certain mental health commitments are prohibited from possessing or buying firearms.

Should I keep the Bill of Sale digitally?

Yes. Storing a digital copy of your Delaware Bill of Sale ensures you can always prove the date of transfer if law enforcement ever traces the firearm.