We Sale & Ship To Delaware
The sale, possession and use of Stun Guns and Tasers for self defense are legal without major restrictions. However the misuse of any stun device during the commission of a crime or assault can result in criminal liabilty.
Permit Required For Concealed Carry
- Newark, DE
- Wilmington, DE
- New Castle County, DE
Newark, DE – Section 31-5. Stun Guns and Taser Guns
A. It shall be unlawful for any person within the limits of the city to possess, wear, carry or knowingly transport a stun gun or taser gun.
B. The term “stun gun,” as used in this section, means any battery powered, pulsed electrical device of high voltage and low or no amperage which, when pressed against a person, can disrupt the central nervous system and cause temporary loss of voluntary muscle control of such person.
C. The term “taser gun,” as used in this section, means any device contained in a package, which permits it to be hand held, containing an electrical supply unit, and into which an expendable plastic cassette may be inserted and which operates by shooting or projecting a ball, net or dart carrying fine wires from the package to the target and which, upon hitting a person, can send out current capable of disrupting the person’s nervous system in such a manner as to render the person incapable of functioning normally.
D. This section shall not apply to any law enforcement officer while performing his or her lawful duties within the city.
E. This section shall not apply to any person who possesses, wears, carries or transports a stun gun or taser gun on real estate that the person owns or leases or where the person resides or within the confines of a business establishment that the person owns or leases.
Wilmington, DE Specific Statutes – Section 36-161. Stun Guns, etc.
A. It shall be unlawful for any person to manufacture, make, deliver, transport, trade, give, sell, or possess a converted tear gas gun, stun gun or taser gun.
B. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
1. Stun gun means any battery powered, pulsed electrical device of high voltage and low or no amperage which, when pressed against a person, can disrupt the central nervous system and cause temporary loss of voluntary muscle control of such person.
2. Taser gun means any device contained in a package which permits it to be handheld, containing an electrical supply unit, and into which an expendable plastic cassette may be inserted and which operates by shooting or projecting a ball, net, or dart carrying fine wires from the package to the target and which, upon hitting a person can send out current capable of disrupting the person’s nervous system in such a manner as to render the person incapable of functioning normally.
3. Any law enforcement officer while performing his lawful duties within the city shall be exempted from the effect of this section. For purposes of this section, the term “law enforcement officer” shall include police officers, the attorney general, the attorney general’s deputies and investigators, the sheriff, and the sheriff’s deputies, prison guards, constables and bailiffs.
4. A conviction of violation of this section shall be punishable by a fine of not less than $500.00 and not more than $2,500.00 or by both such fine and imprisonment not exceeding six months. The minimum sentence of $500.00 fine shall not be subject to suspension or reduction for any reason.
New Castle County, DE – Section 22.03.009. Stun Guns and Taser Guns.
A. It shall be unlawful for any person to manufacture, make, deliver, transport, trade, give, sell, purchase or possess a stun gun or taser gun.
B. The term “stun gun,” as used in this Section, means any battery powered, pulsed electrical device of high voltage and low or no amperage which, when pressed against a person, can disrupt the central nervous system and cause temporary loss of voluntary muscle control of such person.
C. The term “taser gun,” as used in this section, means any device contained in a package which permits it to be hand held, containing an electrical supply unit, and into which an expendable plastic cassette may be inserted and which operates by shooting or projecting a ball, net or dart carrying fine wires from the package to the target and which, upon hitting a person, can send out current capable of disrupting the person’s nervous system in such a manner as to render the person incapable of functioning normally.
D. Exempt from this section shall be any law enforcement officer while performing his or her lawful duties within this County and those selling to any law enforcement officer while performing his or her lawful duties within this county.
E. A conviction of violation of this Section shall be punishable as provided in Section 1.01.009 of this Code. (Ord. No. 98-050, § 1(22-69), 5-26-1998)
Del. Code tit. 11, § 222. General definitions
(4) "Dangerous instrument" means any instrument, article or substance which, under the circumstances in which it is used, attempted to be used or
threatened to be used, is readily capable of causing death or serious physical injury, . . . or any electronic control devices including but not limited to a neuromuscular incapacitation device designed to incapacitate a person.
(5) “Deadly weapon” includes a “firearm”, as defined in paragraph (12) of this section, . . . or any “dangerous instrument”, as defined in paragraph (4) of this section, which is used, or attempted to be used, to cause death or serious physical injury. (10) "Electronic control device" is a device designed to incapacitate a person, including but not limited to a neuromuscular incapacitation device.
(12) "Firearm" includes any weapon from which a shot, projectile or other object may be discharged by force of combustion, explosive, gas and/or mechanical means, whether operable or inoperable, loaded or unloaded. It does not include a BB gun.. . .
(26) “Serious physical injury” means physical injury which creates a substantial risk of death, or which causes serious and prolonged disfigurement, prolonged impairment of health or prolonged loss or impairment of the function of any bodily organ, or which causes the unlawful termination of a pregnancy without the consent of the pregnant female.
Del. Code tit. 11, § 1903. Searching questioned person for weapon
A peace officer may search for a dangerous weapon any person whom the officer has stopped or detained to question as provided in § 1902 of this title, whenever the officer has reasonable ground to believe that the officer is in danger if the person possesses a dangerous weapon. If the officer finds a weapon, the officer may take and keep it until the completion of the questioning, when the officer shall either return it or arrest the person. The arrest may be for the illegal possession of the weapon.
Del. Code tit. 11, § 1441. License to carry concealed deadly weapons
(a) A person of full age and good moral character desiring to be licensed to carry a concealed deadly weapon for personal protection or the protection of the person's property may be licensed to do so when the following conditions have been strictly complied with:
(2) [references from five citizens in the same county]
(3) [completion of firearms training course]
(4) [application fee]
(5) [affidavit for renewal]
(g) The provisions of this section do not apply to the carrying of the usual weapon by the police or other peace officers.
(h) Notwithstanding any provision to the contrary, anyone retired as a police officer, who is retired after having served at least 20 years in any law-enforcement agency within this State, or who is retired and remains currently eligible for a duty-connected disability pension, may be licensed to carry a concealed deadly weapon for the protection of that retired police officer’s person or property after that retired police officer’s retirement, if the following conditions are strictly complied with:
(1) [application with 90 days of retirement, application fee]
a. A certification from the Attorney General's office, in a form prescribed by the Attorney General's office, verifying that the retired officer is in good standing with the law-enforcement agency from which the retired police officer is retired; and
b. A letter from the chief of the retired officer's agency verifying that the retired officer is in good standing with the law-enforcement agency from which the retired police officer is retired; or ...
(j) Notwithstanding any other provision of this Code to the contrary, the State of Delaware shall give full faith and credit and shall otherwise honor and give full force and effect to all licenses/permits issued to the citizens of other states where those issuing states also give full faith and credit and otherwise honor the licenses issued by the State of Delaware pursuant to this section and where those licenses/permits are issued by
authority pursuant to state law and which afford a reasonably similar degree of protection as is provided by licensure in Delaware. . . .
(k) The Attorney General shall have the discretion to issue, on a limited basis, a temporary license to carry concealed a deadly weapon to any individual who is not a resident of this State and whom the Attorney General determines has a short-term need to carry such a weapon within this State in conjunction with that individual's employment for the protection of person or property...
Del. Code tit. 11, § 1448. Possession and purchase of deadly weapons by persons prohibited; penalties
(a) Except as otherwise provided herein, the following persons are prohibited from purchasing, owning, possessing or controlling a deadly weapon or ammunition for a firearm within the State:
(1) 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;
(2) Any person who has ever been committed for a mental disorder to any hospital, mental institution or sanitarium, unless such person can demonstrate that he or she is no longer prohibited from possessing a firearm pursuant to § 1448A of this title;
(3) 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;
(4) 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 25th birthday;
(5) 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;
(6) 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, except that this paragraph shall not apply to a contested order issued solely upon §1041(1)d., e., or h. of Title 10, or any combination thereof;
(7) Any person who has been convicted in any court of any misdemeanor crime of domestic violence. For purposes of this paragraph, the term “misdemeanor crime of domestic violence” means any misdemeanor offense that:
a. Was committed by a member of the victim's family, as “family” is defined in § 901(12) of Title 10 (regardless, however, of the state of residence of the parties); by a former spouse of the victim; by a person who cohabitated with the victim at the time of the offense; or by a person with a child in common with the victim; and
b. Is an offense as defined under § 601, § 602, § 603, § 611, § 614, § 621, § 625, § 628A, § 763, § 765, § 766, § 767, § 781, § 785 or § 791 of this title, or any similar offense when committed or prosecuted in another jurisdiction; or
(8) 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.
(9) 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 in violation of § 4763, or § 4764 of Title 16.
(10) 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, or as otherwise prohibited under this subsection (a) of this section may be disposed of by the law enforcement agency holding the weapon or ammunition, pursuant to §2311 of this title.
a. ‘‘Antique firearm’’ means any firearm not designed or redesigned for using rim fire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898 and also any firearm using fixed ammunition manufactured in or before 1898, for which ammunition is no longer manufactured in the United States and is not readily restored to a firing condition.
b. A person prohibited under this section has the burden of proving that the subject firearm is an antique firearm as defined in paragraph (a)(10)a. of this section subject to an exemption under this section and § 2311 of this title. . . .
Del. Code tit. 11, § 1448B. Criminal history record checks for sales of firearms--Unlicensed persons
(a) No unlicensed person shall sell or transfer any firearm, as defined in § 222 of this title, to any other unlicensed person without having conducted a criminal history background check through a licensed firearms dealer in accordance with § 1448A of this title and § 904A of Title 24, as the same may be amended from time to time, to determine whether the sale or transfer would be in violation of federal or state law.
Del. Code tit. 11, § 1457. Possession of a weapon in a Safe School and Recreation Zone; class D, E, or F felony; class A or B misdemeanor
(a) Any person who commits any of the offenses described in subsection (b) of this section, or any juvenile who possesses a firearm or other deadly weapon, and does so while in or on a “Safe School and Recreation Zone” shall be guilty of the crime of possession of a weapon in a Safe School and Recreation Zone.
(b) The underlying offenses in Title 11 shall be:
(1) Section 1442. --Carrying a concealed deadly weapon; class G felony; class D felony.
. . .
(4) Section 1448. --Possession and purchase of deadly weapons by persons prohibited; class F felony.
Del. Code tit. 24, § 901. License requirement
No person shall engage in the business of selling any pistol or revolver, or stiletto, steel or brass knuckles, or other deadly weapon made especially for the defense of one's person without first having obtained a license therefor, which license shall be known as “special license to sell deadly weapons.” No person licensed or unlicensed shall possess, sell or offer for sale any switchblade knife.
Del. Code tit. 24, § 904. Records
(a) Any person desiring to engage in the business described in this chapter shall keep and maintain in the place of business at all times a record in accordance with this section and all applicable federal laws and regulations . . . . In such record the businessperson shall enter the date of the sale, the name and address of the person purchasing any deadly weapon, the number and kind of deadly weapon so purchased, the age of the purchaser, the mode of identification bearing a picture . . . which shall include but it is not limited to a driver's license, and any other information as shall be required by federal law and regulation. The record shall at all times be open for inspection by any judge, justice of the peace, police officer, constable or other peace officer of this State.
*Various Delaware cities and municipalities may have regulations regarding stun guns and TASER CEWs, including but not limited to: New Castle County, Smyrna, Elsmere and Wilmington. Please be sure to check with the local government regarding the regulations.