Is Delaware an Open Carry State? Yes Without Permit for Age 18+—But You Need a Permit for Concealed Carry 2026
Yes, Delaware is an open carry state. Anyone aged 18 or older who can legally possess a firearm may openly carry handguns in Delaware without obtaining a permit. However, concealed carry requires a Delaware Concealed Deadly Weapon License (CDWL) issued by the Superior Court.
Confusion exists because Delaware’s laws differ significantly from neighboring states and many sources incorrectly claim Delaware requires permits for all firearm carry. Understanding the distinction between open carry and concealed carry is critical for legal compliance in the First State.
Understanding Delaware’s Open Carry Laws and How They Differ From Concealed Carry Requirements
Delaware permits open carry of firearms without requiring licenses or permits, provided the person carrying is at least 18 years old and not prohibited from possessing firearms under state or federal law. This open carry right does not require the extensive application process needed for concealed carry.
Open carry means your firearm is visible to others through ordinary observation. You are not attempting to hide the weapon under clothing or in a bag. Delaware law allows this form of carry without permits for adults who meet legal possession requirements.
Delaware’s Permit Requirement Applies Only to Concealed Carry
Delaware Code Title 11, § 1442 makes carrying a concealed deadly weapon without a license a Class D felony when the weapon is a firearm. The statute specifically criminalizes carrying concealed weapons “without a license to do so as provided by § 1441 of this title.”
Section 1441 establishes Delaware’s licensing system for concealed carry. Applicants must publish their intention to apply in a local newspaper, obtain five reference letters from county residents, complete firearms training, and receive approval from both the Attorney General’s office and Superior Court.
This permit requirement does not apply to open carry. If your handgun remains visible—not concealed under clothing or hidden from view—you do not need a Delaware CDWL to carry it legally.
How Delaware’s Reciprocity Rules Affect Out-of-State Visitors
Delaware recognizes concealed carry permits from states that honor Delaware licenses and afford reasonably similar protection. The Delaware Attorney General publishes an annual list of recognized states each January 15.
For 2025-2026, Delaware recognizes concealed carry permits from 21 states including Texas, Florida, Michigan, and others. Non-residents with valid permits from recognized states may carry concealed in Delaware without obtaining a Delaware CDWL.
Out-of-state visitors may also open carry without permits, just as Delaware residents can. Similar to how Wisconsin firearm laws create exceptions for minors possessing rifles under specific conditions, Delaware’s open carry provision creates an exception to its otherwise strict concealed carry licensing system.
Where Delaware Law Prohibits All Firearm Carry Regardless of Permit Status
Delaware Code § 1457 prohibits possession of firearms in safe school zones, which include all public and private school buildings, athletic fields, sports stadiums, and real property owned or operated by schools, plus areas within 1,000 feet of these locations.
Firearms are also prohibited in courthouses, police stations, and certain state park facilities including visitor centers, nature centers, bathhouses, restaurants, camping areas, swimming pools, and guarded beaches. Delaware Department of Natural Resources and Environmental Control regulations establish these restrictions.
Federal law prohibits firearms in federal buildings, post offices, and secure areas of airports regardless of state permits. These federal restrictions apply in Delaware just as they do nationwide.
Real-World Scenarios Showing How Delaware’s Open Carry Laws Apply
A Delaware resident who wishes to carry a handgun openly while walking through downtown Wilmington or shopping at a mall can do so without obtaining a permit, provided they are at least 18 years old and not prohibited from possessing firearms. The handgun must remain visible—if they conceal it under a jacket, they violate Delaware’s concealed carry laws.
An individual visiting Delaware from Pennsylvania who holds a Pennsylvania concealed carry permit should verify whether Delaware recognizes Pennsylvania permits on the Attorney General’s annual reciprocity list. If Pennsylvania is not on the list, the visitor may still open carry in Delaware without a permit, but cannot carry concealed without risking felony charges.
A business owner in Delaware can prohibit firearms on their private property by posting signage or providing verbal notice. Customers must respect these restrictions. Private property rights allow owners to ban firearms even though Delaware permits open carry in public spaces.
Why People Misunderstand Delaware’s Open Carry Status and Permit Requirements
Delaware’s unique position creates confusion for gun owners and visitors unfamiliar with the state’s specific regulations.
Neighboring States Have Different Firearm Carry Laws
Delaware borders Pennsylvania, New Jersey, and Maryland. Each state has distinct firearm regulations, and mixing up these laws leads to misunderstandings about Delaware’s requirements.
Pennsylvania is a shall-issue state for concealed carry permits and also allows open carry without permits in most areas. New Jersey prohibits open carry entirely and has extremely restrictive concealed carry requirements. Maryland requires permits for both concealed and open carry in most circumstances.
Delaware’s approach—permitting open carry without permits while requiring permits for concealed carry—falls between these neighboring states’ regulations. Travelers and new residents often confuse Delaware’s laws with those of their previous states.
Outdated Information and Misconceptions About Constitutional Carry
Many states have recently adopted constitutional carry laws allowing both open and concealed carry without permits. Delaware has not adopted constitutional carry despite legislative discussions about firearm regulations.
Online sources sometimes incorrectly state that Delaware requires permits for open carry, conflating Delaware’s concealed carry requirements with open carry regulations. This misinformation persists on forums, outdated websites, and through word-of-mouth from individuals who don’t understand Delaware law.
Delaware’s permit-to-purchase handgun law, which took effect in November 2025, added another layer of confusion. This law requires obtaining a permit before purchasing handguns but does not change open carry rights for those who already legally possess firearms.
Common Misconceptions About Delaware Open Carry and Concealed Carry Laws
Several myths about Delaware’s firearm carry laws persist despite clear statutory language.
Myth: You Need a Permit to Open Carry in Delaware
This is false. Delaware permits open carry of handguns without requiring licenses or permits for anyone aged 18 or older who can legally possess firearms. The permit requirement applies only to concealed carry.
Some people confuse Delaware with states that require permits for all firearm carry. Others mistakenly believe Delaware’s concealed carry permit requirement extends to open carry when it does not.
Myth: Delaware Residents Need Permits But Out-of-State Visitors Don’t
Both Delaware residents and non-residents may open carry without permits in Delaware. The open carry provision applies equally to residents and visitors, provided they meet age and legal possession requirements.
For concealed carry, Delaware residents must obtain Delaware CDWLs. Non-residents with valid concealed carry permits from states Delaware recognizes may carry concealed without Delaware permits. Understanding state-specific variations is similar to navigating vehicle laws by state—what’s legal in one jurisdiction may be prohibited in another.
Myth: Open Carry Is Legal Everywhere in Delaware
While Delaware permits open carry without permits in many locations, certain places prohibit firearms regardless of how they are carried. Schools, courthouses, police stations, certain state park facilities, and federal buildings all ban firearms.
Private property owners can also prohibit firearms on their property. Carrying a firearm in these restricted locations violates Delaware law even if the firearm is carried openly and you otherwise have the legal right to possess it.
Myth: Concealed Carry Permit Holders Can Ignore Open Carry Rules
Delaware CDWL holders may carry concealed, which includes the right to carry openly. However, the permit does not grant immunity from location-based restrictions or private property prohibitions.
Permit holders must still comply with school zone prohibitions, courthouse restrictions, and other location-based bans. The permit authorizes concealed carry but does not override statutory prohibitions on carrying in specific places.
What Delaware Gun Owners Should Know About Exercising Carry Rights Legally
If you plan to carry firearms in Delaware, understanding the legal framework protects you from criminal charges and ensures compliance with state law.
Verify You’re Not Prohibited From Possessing Firearms Under Delaware or Federal Law
Delaware Code § 1448 prohibits certain individuals from possessing deadly weapons, including those convicted of violent felonies, persons with domestic violence misdemeanor convictions within five years, individuals subject to protection from abuse orders, and persons previously convicted of juvenile offenses that would constitute felonies if committed by adults.
Federal law under 18 U.S.C. § 922 also prohibits firearm possession for convicted felons, individuals with domestic violence convictions, persons subject to restraining orders, unlawful drug users, those dishonorably discharged from the military, and individuals who have renounced U.S. citizenship.
Before openly carrying a firearm in Delaware, confirm that no state or federal prohibition applies to you. Carrying while prohibited is a felony under Delaware law regardless of whether you have a permit.
Understand the Difference Between Open Carry and Concealed Carry
Open carry requires your firearm to remain visible through ordinary observation. If you cover your handgun with a jacket, shirt, or bag—even inadvertently—you may be carrying concealed without a permit, which is a Class D felony.
Many arrests for illegal concealed carry occur when individuals believe they are openly carrying but their clothing partially conceals the weapon. If you choose to open carry, ensure the entire firearm remains visible at all times.
Research Delaware’s Prohibited Locations Before Carrying
Familiarize yourself with Delaware’s school zone restrictions under § 1457, which prohibit firearms within 1,000 feet of school property. This restriction covers large areas in urban and suburban Delaware.
Check DNREC regulations for state park restrictions and avoid carrying in visitor centers, camping areas, swimming pools, and other designated facilities within parks. Private businesses may also post “no firearms” signage—respect these restrictions to avoid trespassing charges.
Consider Whether a Concealed Carry Permit Better Serves Your Needs
While Delaware permits open carry without permits, many gun owners prefer concealed carry for practical reasons. Open carry may draw unwanted attention, concern from the public, or increased scrutiny from law enforcement.
Obtaining a Delaware CDWL allows you to carry concealed, provides reciprocity when traveling to states that recognize Delaware permits, and demonstrates to law enforcement that you have completed firearms training and background checks. The application process requires time and expense, but many Delaware gun owners find the benefits worthwhile.
Frequently Asked Questions About Delaware Open Carry and Concealed Carry Laws
Is Delaware an Open Carry State?
Yes. Delaware permits open carry of handguns without requiring permits for anyone aged 18 or older who can legally possess firearms. Open carry means the firearm remains visible through ordinary observation rather than concealed under clothing.
Do You Need a Permit to Open Carry in Delaware?
No. You do not need a permit to open carry in Delaware if you are at least 18 years old and not prohibited from possessing firearms under state or federal law. Permits are required only for concealed carry.
How Do You Get a Firearm Carry Permit in Delaware?
To obtain a Delaware CDWL for concealed carry, you must file an application with your county Prothonotary, publish your application in a local newspaper at least 10 days before filing, obtain five reference letters from county residents, complete a firearms training course with live-fire exercises, and receive approval from the Attorney General’s office and Superior Court. The process costs $65 and takes several months.
Where Can You Not Carry a Firearm in Delaware?
Delaware prohibits firearms in safe school zones (schools and areas within 1,000 feet), courthouses, police stations, certain state park facilities (visitor centers, camping areas, swimming pools, guarded beaches), and federal buildings. Private property owners can also ban firearms on their property.
What Is the Difference Between Open Carry and Concealed Carry in Delaware?
Open carry means your firearm is visible through ordinary observation and does not require a permit in Delaware. Concealed carry means the firearm is hidden from view under clothing or in a bag and requires a Delaware CDWL or a recognized out-of-state permit.
What Are the Penalties for Carrying a Firearm Without a Permit in Delaware?
Carrying a concealed firearm without a permit is a Class D felony under Delaware Code § 1442, punishable by up to 8 years in prison. Open carry without a permit is legal and carries no penalties, provided you meet age and legal possession requirements.
Last Updated: January 26, 2026
Disclaimer: This article provides general information about Delaware’s open carry and concealed carry laws and is not legal advice. Individuals facing firearm-related legal issues should consult qualified attorneys for case-specific guidance.
If you have questions about your firearm carry rights in Delaware or face legal issues related to firearm possession, contact local law enforcement for clarification or consult an attorney experienced in Delaware firearm law.
Stay informed, stay protected. — AllAboutLawyer.com
Sources Cited:
- Delaware Code Title 11, § 1441 (License to Carry Concealed Deadly Weapons)
- Delaware Code Title 11, § 1442 (Carrying a Concealed Deadly Weapon)
- Delaware Code Title 11, § 1448 (Persons Prohibited From Possessing Firearms)
- Delaware Code Title 11, § 1457 (Possession of a Firearm in a Safe School Zone)
- Delaware DNREC Regulations on State Parks Firearms (7 DE Admin. Code 9201)
- 18 U.S.C. § 922 (Federal Firearm Regulations)
- Delaware Attorney General CCDW Reciprocity List (January 15, 2025 – January 15, 2026)
About the Author
Sarah Klein, JD, is a licensed attorney and legal content strategist with over 12 years of experience across civil, criminal, family, and regulatory law. At All About Lawyer, she covers a wide range of legal topics — from high-profile lawsuits and courtroom stories to state traffic laws and everyday legal questions — all with a focus on accuracy, clarity, and public understanding.
Her writing blends real legal insight with plain-English explanations, helping readers stay informed and legally aware.
Read more about Sarah