Delaware: Safe Storage & Gun Lock Requirements

Safe Storage
Gun Lock Requirements
Safe Storage

Delaware prohibits a parent, guardian or other person legally charged with the care or custody of a child less than 18 years old from knowingly, intentionally or with criminal negligence contributing to or failing to prevent the unlawful possession or purchase of a firearm by a juvenile. A defendant may raise as an “absolute” defense to charges for violation of this provision that he or she: 1) had a lock on the trigger of the firearm and did not tell or show the juvenile where the key to the trigger lock was kept; or 2) locked the firearm in a key or combination locked container and did not tell or show the juvenile where the key was kept or what the combination was.

It is a misdemeanor to intentionally or recklessly store or leave a loaded and unsecured firearm where a minor or other prohibited person can, and does, access it, and:
(1) the firearm was not stored in a locked box or container;
(2) the firearm was not disabled by a trigger lock;
(3) the firearm was not stored “in a location that a reasonable person would have believed to be secure”; and
(4) the “unauthorized person did not obtain the firearm as the result of an unlawful entry by any person.”3
A parent is criminally liable for “unlawfully dealing with a dangerous weapon” when he or she permits his or her child under age 16 to possess a firearm unless under the direct supervision of an adult.
State administrative regulations may also govern the storage of firearms in specific locations in Delaware.

Source: lawcenter.giffords.org

Gun Lock Requirements

Delaware does not require a locking device to accompany the sale of a firearm, although federal law applies, and no state statutes require firearm owners to affirmatively lock their weapons.

Source: lawcenter.giffords.org

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