Felon Gun Rights in Delaware

Overview

Delaware prohibits firearm possession for all persons convicted of a felony or a crime of violence under 11 Del.C. 1448. The restoration pathway depends on the nature of the conviction. For nonviolent felonies, a person may petition the Superior Court for restoration of firearms rights after completing their sentence. For violent felonies — including murder, manslaughter, sex offenses against children, and crimes involving deadly weapons — only a pardon from the Governor (upon recommendation of the Board of Pardons) can restore firearm rights. Delaware's Board of Pardons is notably active, granting more than 400 pardons annually with an approximately 80% approval rate for cases that reach hearing. The federal prohibition under 18 USC 922(g)(1) applies independently.

Quick Answer

It depends on the type of felony. For nonviolent felonies, you may petition the Delaware Superior Court for restoration of firearm rights after completing your sentence. For violent felonies, sex offenses, and crimes involving deadly weapons, only a governor's pardon can restore your gun rights. Delaware's Board of Pardons is relatively active and accessible compared to most states. However, federal law (18 USC 922(g)(1)) independently prohibits all felons from possessing firearms.

Step-by-Step Process

Waiting Period

For nonviolent felonies, there is no fixed statutory minimum waiting period after sentence completion to petition the Superior Court, but courts expect demonstrated rehabilitation. For a pardon through the Board of Pardons, a person must be at least 3 years past completion of sentence (or 3 years into permanent parole). The Board processes applications on a first-come, first-served basis, and hearings typically occur within 6 months of application. For non-felony convictions, the firearms prohibition automatically expires 5 years after the date of conviction.

Key Laws

Frequently Asked Questions

Can a convicted felon own a gun in Delaware?

Not without restoration. All felony convictions in Delaware result in a prohibition on possessing deadly weapons under 11 Del.C. 1448. For nonviolent felonies, you may petition the Superior Court for restoration. For violent felonies and crimes involving deadly weapons, only a governor's pardon (upon recommendation of the Board of Pardons) can restore your gun rights. Federal law also independently prohibits all felons from possessing firearms.

How do I apply for a pardon in Delaware?

Download the application from pardons.delaware.gov. Complete it online (handwritten applications are not accepted). Submit the application to your local probation office. Applications are processed on a first-come, first-served basis. The Board of Pardons holds public hearings at regular monthly intervals. You must be at least 3 years past completion of your sentence. The hearing typically occurs within 6 months of application. The Board makes a recommendation to the Governor, who makes the final decision.

What is the difference between petitioning the court and seeking a pardon?

Court petition is available only for nonviolent felonies and is filed in the Superior Court. A pardon is available for all felonies (including violent ones) and goes through the Board of Pardons to the Governor. Both can restore firearm rights, but a pardon is the only option for violent felonies, sex offenses, and crimes involving deadly weapons. A pardon also removes 'all legal consequences' of the conviction, which may provide broader protection under federal law.

How long does the pardon process take in Delaware?

Typically about 6 months from application to hearing. Applications are processed first-come, first-served. The Board holds regular monthly hearings. After the Board makes its recommendation, the Governor makes the final decision. The overall timeline from application to final decision is usually 6-9 months, but can vary depending on the Board's caseload and the complexity of the case.

Does Delaware's pardon process address the federal firearms prohibition?

A Delaware governor's pardon that restores civil rights — including the right to vote, hold office, and serve on a jury — and does not expressly exclude firearms, may satisfy the federal 'civil rights restored' exception under 18 USC 921(a)(20). An unconditional pardon is the strongest path to addressing both state and federal firearms disabilities. Consult a firearms attorney to confirm.

What changed with the 2025 amendment to Delaware firearms law?

Effective October 1, 2025, 11 Del.C. 1448 was amended to also prohibit firearm possession for any person convicted of a felony within the previous 5 years, or who has 3 or more felony convictions at any time. This expanded the scope of prohibition beyond the previous framework. Persons with multiple felony convictions who were previously eligible to petition the court may now need to seek a pardon instead.

Can I possess a firearm in Delaware with an out-of-state felony conviction?

No. Delaware's prohibition under 11 Del.C. 1448 applies to persons convicted of a felony 'in this State or elsewhere.' An out-of-state felony conviction disqualifies you from possessing firearms in Delaware. You would need to have your rights restored in the state of conviction. Delaware's Board of Pardons and courts do not have authority over out-of-state convictions.

Is there a new federal process to restore gun rights?

Yes. In March 2025, the DOJ revived the 18 USC 925(c) process, which allows individuals federally prohibited from possessing firearms to petition the Attorney General for relief. This process had been effectively defunded since 1992. It may provide a pathway for Delaware felons to address the federal prohibition independently of the state pardon or court petition process. Application details are still being finalized.