How to Sell a Gun in Delaware
Delaware has several laws that govern the transfer and sale of a gun. There are various methods of selling your firearm but selling to an individual as opposed to a licensed firearms dealer comes with additional restrictions you must be aware of. Before selling your gun in Delaware, brush up on a few of the laws and restrictions we’ve outlined below and be conscience of new legislation and amendments to state and federal laws.
Buying and Selling a Firearm in Delaware
Anyone purchasing a firearm from a licensed firearms dealer must complete a Bureau of Alcohol, Tobacco & Firearms form 4473. A firearms purchaser must, under the permanent provisions of the Federal Brady Law, also undergo a National Instant Criminal Background Check System check, which will be performed by the licensed firearms dealer.
The check will indicate to the dealer whether the purchaser’s background allows for the person to complete the purchase of the firearm. If the check disallows the sale for no warranted reason, there is an appeal process the purchaser can pursue to receive the necessary clearance to complete the purchase.
Private Party Firearm Sales in Delaware
According to Delaware state law, an unlicensed person cannot sell or transfer any firearm to any other unlicensed person without having conducted a criminal history background check through a licensed firearms dealer. However, these provisions do not apply to certain members of your family, spouse or partner, if the potential purchaser or transferee holds a current and valid concealed carry permit issued by the Superior Court of the State of Delaware, or if the potential purchaser or transferee is a qualified law-enforcement officer or a qualified retired law-enforcement officer.
Both the prospective buyer and seller need to appear at the licensed dealer’s place of business.
Delaware State Gun Laws – Other Restrictions
Along with federal restrictions, Delaware prohibits the following persons from purchasing, owning, possessing, or controlling a deadly weapon or ammunition for a firearm within the State:
- Any person having been convicted in this State or elsewhere of a felony or a crime of violence involving physical injury to another, whether or not armed with or having in possession any weapon during the commission of such felony or crime of violence
- Has been involuntarily committed for a mental condition, unless the person can demonstrate that the person is no longer prohibited from possessing a firearm
- For a crime of violence, has been found not guilty by reason of insanity or guilty but mentally ill, including any juvenile who has been found not guilty by reason of insanity or guilty but mentally ill, unless such person can demonstrate that he or she is no longer prohibited from possessing a firearm
- For a crime of violence, has been found mentally incompetent to stand trial, including any juvenile who has been found mentally incompetent to stand trial, unless there has been a subsequent finding that the person has become competent, or unless such person can demonstrate that he or she is no longer prohibited from possessing a firearm
- Is the subject of an order of relinquishment
- Any person who has been convicted for the unlawful use, possession or sale of a narcotic, dangerous drug or central nervous system depressant or stimulant as those terms were defined prior to the effective date of the Uniform Controlled Substances Act in June 1973 or of a narcotic drug or controlled substance as defined in Chapter 47 of Title 16
- Any person who, as a juvenile, has been adjudicated as delinquent for conduct which, if committed by an adult, would constitute a felony, unless and until that person has reached their twenty-fifth birthday
- Any juvenile, if said deadly weapon is a handgun, unless said juvenile possesses said handgun for the purpose of engaging in lawful hunting, instruction, sporting or recreational activity while under the direct or indirect supervision of an adult. For the purpose of this subsection, a “handgun” shall be defined as any pistol, revolver or other firearm designed to be readily capable of being fired when held in 1 hand
- Any person who is subject to a Family Court protection from abuse order (other than an ex parte order), but only for so long as that order remains in effect or is not vacated or otherwise terminated
- Any person who has been convicted in any court of any misdemeanor crime of domestic violence
- Any person who, knowing that he or she is the defendant or co-defendant in any criminal case in which that person is alleged to have committed any felony under the laws of this State, the United States or any other state or territory of the United States, becomes a fugitive from justice by failing to appear for any scheduled court proceeding pertaining to such felony for which proper notice was provided or attempted. It is no defense to a prosecution under this paragraph that the person did not receive notice of the scheduled court proceeding
- Any person, if the deadly weapon is a semi-automatic or automatic firearm, or a handgun, who, at the same time, possesses a controlled substance
- Except for “antique firearms”, any validly seized deadly weapons or ammunition from a person prohibited as a result of a felony conviction under Delaware law, federal law or the laws of any other state
- Any person who is subject to a lethal violence protection order, issued under § 7704 of Title 10, but only for so long as that order remains in effect or is not vacated or otherwise terminated under Chapter 77 of Title 10.
FEDERAL DISQUALIFICATION CATEGORIES
- Conviction (felony or misdemeanor) where the crime has a maximum imprisonment term exceeding 1 year (even if a buyer did not receive actual imprisonment exceeding 1 year).
- Warrant (felony or out-of-state misdemeanor).
- Felony pre-trial release.
- Misdemeanor crimes of domestic violence restraining/stalking/protection order mental health adjudication or commitment.
- Unlawful use or addicted to a controlled substance (including marijuana).
- Dishonorable discharge from the armed forces.
- Renounced U.S. citizenship.
- Illegal alien.
Get the Best Price for Your Gun Without Leaving Home
If the hassle of navigating Delaware’s gun laws seems overwhelming, we’re excited to tell you that there’s a better way!
You can safely, easily and legally sell your handgun or long gun to CashMyGuns.com and be 100% compliant with Delaware gun laws.
We have a Federal Firearms Licensee, who is licensed by the U.S. Government to help people with selling and transferring of firearms. We take care of the hard part and make the process safe, quick and hassle-free. The reality is, you can sell your gun without leaving the house.
Just tell us which gun(s) you’d like to sell, we’ll make you an offer, and once we agree on a price, you’ll mail us your gun(s) with all expenses paid by us. When we receive your gun(s), we get you paid with a check in your hand within a few days.
When you use Cash My Guns, you get the following unbeatable benefits!
- Free gun appraisal
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The information contained on this website has been prepared as a service to the internet community and is not intended to constitute legal advice. CashMyGuns.com has used reasonable efforts in collecting, preparing, and providing quality information and material, but does not warrant or guarantee the accuracy, completeness, adequacy, or currency of the information contained in or linked to this website. Users of information from this website or links do so at their own risk and should consult their local firearm law resources and/or an attorney when engaging in selling a firearm. The cited information in this article was obtained from atf.gov/firearms/docs/guide/delaware-firearms-statutes-and-codes/download.