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Delaware Suppressor Laws

Suppressors are prohibited in Delaware. Civilian ownership is illegal under state law regardless of federal compliance.

Reviewed by Diego Lopez, Head of Enforcement · Last reviewed August 21, 2026

Prohibited
Ownership Status
Prohibited
Hunting Status
Felony
Possession Penalty
42
States Where Legal

August 5 NFA Ruling

Updated August 21, 2026

A federal court ruled that the government cannot enforce certain NFA registration requirements against the parties covered by that case. It is not a repeal of the NFA, it is not nationwide, and it does not change state law.

Delaware: the ruling changes nothing here. A federal court order limiting ATF enforcement does not create a right to possess an item this state bans.

Read how this may affect you →

Current Law

Delaware reaches far more conduct than its section heading suggests. 11 Del. C. § 1444 is captioned “Possessing a destructive weapon,” but the enacted text reads: “A person is guilty of possessing a destructive weapon when the person makes, sells, transfers, buys, receives, or has possession of any of the following: (1) A bomb. (2) A bombshell. (3) A firearm silencer.”

Six verbs, not one. Buying and receiving are offenses in themselves, so an attempted transfer is exposure even if the item never arrives.

The Penalty

A class E felony under § 1444(b)(1). Under § 4205(b)(5) that is “up to 5 years to be served at Level V.” There is no mandatory minimum, so probation is available under § 4205(e).

The statute sets no fine cap. § 1444 specifies none, and § 4205(k) says only that “the court may impose such fines and penalties as it deems appropriate.” Superior Court has exclusive jurisdiction under § 1444(d).

Who Is Exempt, and Who Is Not

Military members and “members of a police force in this State” duly authorized to carry such a weapon. Note the words “in this State”: an out-of-state officer is not covered by the text.

Delaware also has an exemption no other state on this list has: “authorized and certified (by an accredited state enforcement agency) state and federal wildlife biologists possessing firearm silencers for the purposes of wildlife disease or wildlife population control.”

There is no dealer or manufacturer exemption, and no film exemption. The research and development exemption in the same subsection is limited by its terms to machine guns.

Alternatives

If you want to own and use suppressors, your options include:

  • Move to one of the 42 states where suppressors are legal
  • Use suppressors while visiting legal states (with proper arrangements)
  • Support legislative efforts to change Delaware law

Legislative Outlook

§ 1444 was last amended by 83 Del. Laws c. 333 in 2022, which addressed rapid fire devices and left the silencer clause alone. We found no 2024–2026 bill amending it.

One caveat on that: Delaware’s legislative site offers no reliable full-text bill search, so treat this as “not found” rather than a proven absence.

Key Takeaway

Delaware makes it a class E felony to make, sell, transfer, buy, receive, or possess a firearm silencer under 11 Del. C. § 1444, carrying up to five years and an uncapped fine.