State suppressor law

Delaware Suppressor Laws in 2026: Banned for Civilians, a Class E Felony

By Cole Harlan, EditorUpdated Oct 26, 2026How we verifyEditorial standards

Delaware is one of the states where a civilian can't own a suppressor, and ATF's October 9, 2026 decision to stop enforcing NFA registration doesn't change that. Title 11, section 1444 of the Delaware Code lists "a firearm silencer" as a destructive weapon, and a person who "makes, sells, transfers, buys, receives, or has possession" of one commits a class E felony. The text we read has no exception for a private owner with an approved federal Form 4. ATF's registry shows 1,286 suppressors in Delaware, which the American Suppressor Association says are almost entirely law enforcement, government and dealer inventory. We found no pending lawsuit or bill to change the ban as of October 26, 2026.

Not legal advice. This page summarizes Title 11 of the Delaware Code as published by the Delaware General Assembly, the General Assembly's bill pages, and federal guidance, as of the date above. Ask a Delaware attorney before you bring any NFA item into the state.

The short answer

Suppressors are illegal for civilians in Delaware. 11 Del. C. 1444(a)(3) lists "A firearm silencer" among destructive weapons.
Possession is a felony. Section 1444(b)(1): "Possessing a destructive weapon listed in paragraphs (a)(1) through (a)(5) of this section is a class E felony." A class E felony carries "up to 5 years to be served at Level V" under 11 Del. C. 4205(b)(5).
Federal registration doesn't appear as an exception. The carve-outs are for military members, authorized police, and certified wildlife biologists. The only exception that mentions NFA registration is for machine guns held for research.
ATF's October 9 change doesn't help. It concerns federal NFA enforcement. A licensed dealer still can't sell a firearm where possession would violate state law (18 U.S.C. 922(b)(2)).
No lawsuit or bill found. We found no pending lawsuit or bill to repeal or loosen section 1444's silencer ban as of October 26, 2026.

What 11 Del. C. 1444 says

The section is headed "Possessing a destructive weapon; class E felony." Subsection (a) reads in part: "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. (4) A sawed-off shotgun. (5) A machine gun or any other firearm or weapon which is adaptable for use as a machine gun."

The offense covers more than owning. Making, selling, transferring, buying and receiving are all listed alongside possession. Building your own can is covered.
The penalty. Subsection (b)(1) makes the item a class E felony. Section 4205(b)(5) sets "up to 5 years to be served at Level V" for that class. Subsection (d) gives the Superior Court "exclusive jurisdiction" over an adult charged under the section.
The exceptions. Subsection (b)(1) says the section "does not apply to members of the military forces or to members of a police force in this State duly authorized to carry a weapon of the type described." It also excludes "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." Only the machine-gun exception for "scientific or experimental research and development purposes" mentions registration "under the National Firearms Act of 1968."

Read together, a civilian's approved Form 4 is not listed as a defense. That's our reading of the text, not a court's, and we found no Delaware case or Attorney General statement saying otherwise.

Why ATF's October 9 decision doesn't change this

ATF's October 9 open letter stops enforcement of federal NFA approval and registration for suppressors, SBRs, SBSs and AOWs. ATF's own FAQ says state laws still apply. Federal law adds a second barrier for dealers. 18 U.S.C. 922(b)(2) makes it unlawful for a licensee to sell or deliver "any firearm to any person in any State where the purchase or possession by such person of such firearm would be in violation of any State law," unless the licensee has reason to believe it would not be. A Delaware resident can't use a federal change to buy a can from a dealer in another state and bring it home.

Delaware wasn't one of the 15 plaintiff states in Silencer Shop Foundation v. ATF. See our case explainer and the NFA lawsuit tracker. We found no Delaware Attorney General statement about suppressors after October 9.

Lawsuits and bills

We searched the Delaware General Assembly's site and court news for a challenge to section 1444's silencer provision and found none. The only Title 11 deadly-weapons bill we saw from this session, Senate Bill 324 (153rd General Assembly, signed September 14, 2026), is described on its bill page as "An Act to amend Title 11 of the Delaware Code relating to deadly weapons." Its synopsis deals with background-check exemptions for a "qualified constable agency representative," not silencers. So: we found no pending lawsuit/bill as of Oct 26, 2026. That's the result of our searches, not a guarantee, so check the General Assembly's site before you act.

Elsewhere, challenges to other states' bans are moving, including New Jersey's Padua v. Platkin and Illinois's Anderson v. Raoul. They don't bind Delaware.

Short-barreled guns and Delaware's other rules

Section 1444(c)(3) defines a "sawed-off shotgun" as one "having 1 or more barrels less than 18 inches in length" or one made from a shotgun with "an overall length of less than 26 inches," and it's on the same destructive-weapon list, so it carries the same class E felony. Short-barreled rifles are not listed there, but Delaware's assault-weapon law covers "a semiautomatic, centerfire rifle that has an overall length of less than 30 inches" as a "copycat weapon" (11 Del. C. 1465), and section 1466 makes possessing an assault weapon a class E or F felony. The same section's pistol list includes "a threaded barrel capable of accepting a flash suppressor, forward pistol grip or silencer," so check before you thread a barrel. See our SBR state table.

Hunting

Hunting with a suppressor is moot for civilians, because owning one is already a felony. The statute's only silencer carve-out tied to wildlife is for certified biologists doing disease or population control. We did not read Delaware's hunting regulations.

Bottom line for Delaware residents

Don't buy, build, accept or bring a suppressor into Delaware. Section 1444 has no registration path for private citizens. If you own one elsewhere and are moving here, sell or store it before you cross the line. Federal interstate-transport rules don't override a state ban, and whether safe-passage protection covers a stand-alone suppressor is a question for a lawyer. Neighbors differ: Maryland and Pennsylvania allow ownership under their own rules, and New Jersey bans it. Read the national buying guide for the federal steps and the 2026 State Gun Law Scorecard for every state.

Frequently asked questions

Are suppressors legal in Delaware in 2026?

No. 11 Del. C. 1444(a)(3) lists a firearm silencer as a destructive weapon, and possessing one is a class E felony. The exceptions cover the military, authorized police and certified wildlife biologists.

Does ATF's October 2026 change make suppressors legal in Delaware?

No. ATF's October 9, 2026 policy concerns federal NFA enforcement only, and ATF's FAQ says state laws still apply. Delaware's ban is in its own criminal code, and 18 U.S.C. 922(b)(2) bars dealers from selling where state law forbids possession.

What is the penalty for a suppressor in Delaware?

A class E felony under 11 Del. C. 1444(b)(1). Section 4205(b)(5) sets "up to 5 years to be served at Level V" for that class.

Can I own a registered suppressor in Delaware?

The text of section 1444 we read has no exception for a civilian with an approved federal Form 4. Its exceptions are for military members, authorized police and certified wildlife biologists. Ask a Delaware attorney before you act.

Is there a lawsuit against Delaware's suppressor ban?

We found no pending lawsuit or bill to change it as of October 26, 2026. Challenges to other states' bans, such as New Jersey's, don't bind Delaware.

Sources

Supplementary sources

News reports, advocacy groups, dealer practice and unofficial copies. They add context or report statements; the primary sources above control.

American Suppressor Association via NASGW: The Suppressor Map, state counts from ATF FOIA request 2026-01285 (May 2026) (industry group)