Delaware Illegal Weapons Possession Penalties (2026)

Unlawful possession of firearms or weapons charges in Delaware: penalties, sentencing ranges, felony thresholds, and what to expect if charged.

Educational purposes only. Not legal advice. If you are facing illegal weapons possession charges in Delaware, consult a licensed Delaware criminal defense attorney.

Delaware Illegal Weapons Possession Penalties

OffensePenalty
First OffenseClass F felony: up to 3 years prison (possession by prohibited person)
Second OffenseClass C felony: up to 15 years (with prior violent conviction)

11 Del. C. §1448; possession of deadly weapon by prohibited person

Illegal Weapons Possession Statute of Limitations in Delaware

In Delaware, the general statute of limitations for a felony is 5 years and for a misdemeanor is 2 years.

See all Delaware statutes of limitations →

Defending Against Illegal Weapons Possession Charges in Delaware

Common defenses in Delaware illegal weapons possession cases include:

  • Lack of intent — many charges require proving criminal intent
  • Insufficient evidence — the prosecution must prove guilt beyond a reasonable doubt
  • Procedural violations — improper arrest, unlawful search and seizure
  • Mistaken identity
  • Constitutional violations — Fourth and Fifth Amendment protections

The specific defenses available depend on the facts of the case. Consult a Delaware criminal defense attorney for advice.

Related Delaware Laws

DUI / DWI Marijuana Possession Theft / Larceny Assault Domestic Violence Drug Possession Burglary Robbery Fraud Trespassing Disorderly Conduct Vandalism Hit and Run Drug Trafficking Prostitution Shoplifting Reckless Driving Forgery Kidnapping Arson Stalking Embezzlement Money Laundering Public Intoxication