Know the Laws: Delaware
UPDATED December 2, 2012
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- Basic Info
- Guns and DVPOs
- Guns and Criminal Convictions
- If the abuser has been convicted of a domestic violence misdemeanor or felony, can s/he keep or buy a gun?
- What crimes are considered domestic violence misdemeanors?
- What is the definition of a felony?
- If a law enforcement officer or other government employee is convicted of a domestic violence misdemeanor or felony, can s/he have or buy a gun?
- How can I find out if my abuser has been convicted of a domestic violence misdemeanor or felony?
- More Information and Where to Get Help
Guns and Criminal Convictions
back to topIf the abuser has been convicted of a domestic violence misdemeanor or felony, can s/he keep or buy a gun?
No. Under federal law, if the abuser has been convicted of a felony or a domestic violence misdemeanor, s/he cannot have or buy a gun.* In addition, Delaware state law also makes it illegal for someone convicted in DE or elsewhere of a felony, a crime of violence involving physical injury to another, or any misdemeanor crime of domestic violence.** If you're not sure if the abuser has been convicted of a domestic violence misdemeanor, see What crimes are considered domestic violence misdemeanors? for the federal definition. For the DE state law definition, go to our DE Statutes page, and read section (a)(7) of 11 Del. Code § 1448.
* 18 USC 922 (g)(9)
** 11 Del. Code § 1448(a)
back to topWhat crimes are considered domestic violence misdemeanors?
To see the definition of a domestic violence misdemeanor under federal law, you can read about it on our federal law section.
If you're not sure if a certain crime counts as a domestic violence misdemeanor, you can contact the National Center on Full Faith and Credit at 1-800-903-0111, ext. 2
Delaware specifically defines a domestic violence misdemeanor as one of the crimes listed below that is committed by:
- a family member (defined as: a spouse, a man and woman living together in a home in which there is a child of either or both; custodian and child; or any group of persons related by blood or marriage who are residing in one home under one head-of-househole or where one of the persons is related to the other by blood or marriage and both parties are residents of DE),
- a former spouse of the victim;
- a person who co-habitated with the victim at the time of the offense; or
- by a person with a child in common with the victim.*
- offensive touching,
- menacing,
- reckless endangering,
- assault,
- abuse of a sport official,
- terroristic threatening,
- unlawfully administering drugs,
- vehicular assault (in the 2nd degree),
- sexual harassment,
- indecent exposure,
- incest,
- unlawful sexual contact,
- unlawful imprisonment,
- interference with custody, or
- coercion.**
** 11 Del .Code § 1448(a)(7)
back to topWhat is the definition of a felony?
A felony under Federal law is a crime that is punishable by a prison sentence of more than one year.*
*18 USC 227 (A) 3559
back to topIf a law enforcement officer or other government employee is convicted of a domestic violence misdemeanor or felony, can s/he have or buy a gun?
No. Law enforcement officers and other government officials who have been convicted of a domestic violence misdemeanor or felony cannot have or buy guns for any purpose, including their official duties, according to federal law.*
*18 USC 925 (a) (1)
back to topHow can I find out if my abuser has been convicted of a domestic violence misdemeanor or felony?
Domestic Violence misdemeanor and felony records are open to the public, but they are not always easy to access. If you know the exact courthouse where your abuser may have been convicted, you can go to the courthouse and ask the clerk of court for access to those records.
Domestic violence misdemeanor and felony records are also kept in the National Instant Criminal Background Check System (NCIS). However, no one other than law enforcement officials and licensed firearm sellers are allowed to search the NCIS. Your local police department may be willing to search NCIS for you if you ask, but they are not required to do so.
To read more about the NCIS, please see the question, What will happen if my abuser tries to purchase a gun?