Concealed Deadly Weapons
||Superior Court is responsible for granting Concealed Deadly Weapon Permits in Delaware. View the Procedural Rules and the Delaware Code that govern
| SUPERIOR COURT PROCEDURAL RULES
FOR APPLICATION AND ADMINISTRATION OF 11 Del. C. § 1441
(Issuance and Renewal of Licenses To Carry Concealed Deadly Weapons)
RULE 1. SCOPE
These rules govern procedures and proceedings pursuant to 11 Del. C. §
1441 for the issuance and renewal of licenses to carry concealed deadly weapons.
RULE 2. PURPOSE AND CONSTRUCTION
These rules shall be construed so as to secure uniform fairness in administration of the licensing process and elimination of unjustifiable expense and
delay in the processing of license applications and renewals.
RULE 3. APPLICATIONS AND AFFIDAVITS
(a) Applications. Applications for a license to carry concealed deadly
weapons shall be filed under oath in duplicate upon the form attached as Form
1, which shall be filed with the Prothonotary in the county in which the applicant resides. In
addition, the applicant shall file simultaneously therewith two 1.5" x 1.5" passport-style
photographs of the applicant taken within the six-month period immediately preceding the filing of
the renewal application, along with the statutory filing fee.
(b) Renewal Affidavits. Affidavits for the renewal of a license issued
to carry a concealed deadly weapon shall be filed under oath in duplicate upon
the form attached as Form 2, which shall be filed with the Prothonotary in the county in which
the applicant resides. In addition, the applicant shall file simultaneously therewith two 1.5"
x 1.5" passport-style photographs of the applicant taken within the six-month period immediately
preceding the filing of the renewal application, along with the statutory filing fee.
(c) Time for filing.
(1) Applications for an initial license may be filed at any time.
(2) Affidavits for the renewal of a license may be filed after January
1 but no later than June 1 of the year of license expiration.
RULE 4. PROCESSING OF LICENSE APPLICATION
Upon receipt of an application, the Prothonotary shall review the application.
If the application is incomplete, the Prothonotary shall return same to the
applicant, together with an explanation for rejection.
RULE 5. PUBLICATION
Publication shall be made pursuant to 11 Del. C. § 1441(b).
RULE 6. SERVICE UPON THE ATTORNEY GENERAL
The Prothonotary shall send the duplicate of all documents filed with
the Court to the office of the Attorney General in the county of application. Consistent
with the duty and authority conferred by 29 Del. C. § 2504(4), the Attorney General
may investigate whether the approval of the application will constitute a risk to the public peace
and safety. The Attorney General may file a response with the Court within 30 days of the referral.
A copy of the response shall simultaneously be served by the Attorney General upon the
applicant by regular mail. Proof of mailing shall be filed with the Prothonotary. If no objection
is filed, the application or renewal affidavit shall be deemed unopposed by the Attorney
General, and the Court will decide the matter on the information presented.
RULE 7. REQUESTS FOR HEARINGS
Any applicant aggrieved by any action of the Court may file a written
request for a hearing no later than 10 days after notification of the contested action. Upon receipt of a request for a hearing, the Court shall notify the applicant
and the Attorney General of the date and time of the hearing.
RULE 8. APPOINTMENT OF ATTORNEY GENERAL
In any hearing held pursuant to these rules, the Court may appoint the
Attorney General to represent those interests which may be in opposition to the
applicant or licensee.
RULE 9. ISSUANCE OF LICENSE
Upon the granting of an initial application by the Court, the Prothonotary
shall issue the license to the applicant for a term to expire on the first day
of June of the second year next succeeding. Upon the granting of a renewal affidavit by the Court, the Prothonotary
shall issue the license to the applicant for a term to expire on the first day of
June of the third year next succeeding.
RULE 10. RULES OF EVIDENCE
The Delaware Uniform Rules of Evidence shall apply to any proceedings
held pursuant to these rules.
RULE 11. REVOCATION
The Court may at any time revoke a license to carry a concealed deadly
weapon for good cause shown. Good cause shall include but is not limited to the
provisions of 11 Del. C. § 1448.
RULE 12. EFFECTIVE DATE
These rules take effect on May 1, 1993. They govern all applications for
the issuance or renewal of licenses to carry concealed deadly weapons thereafter
commenced and, so far as just and practicable, all proceedings then pending.
§ 1441. License to carry
concealed deadly weapons.
(a) A person of full age and good moral character desiring to be licensed to carry a concealed deadly weapon for personal protection or the protection of the person's property may be licensed to do so when the following conditions have been strictly complied with:
(1) The person shall make application therefor in writing and file the same with the Prothonotary of the proper county, at least 15 days before the then next term of the Superior Court, clearly stating that the person is of full age and that the person is desirous of being licensed to carry a concealed deadly weapon for personal protection or protection of the person's property, or both, and also stating the person's residence and occupation. The person shall submit together with such application all information necessary to conduct a criminal history background check. The Superior Court may conduct a criminal history background check pursuant to the procedures set forth in Chapter 85 of Title 11 for the purposes of licensing any person pursuant to this section.
(2) At the same time the person shall file, with the Prothonotary, a certificate of 5 respectable citizens of the county in which the applicant resides at the time of filing the application. The certificate shall clearly state that the applicant is a person of full age, sobriety and good moral character, that the applicant bears a good reputation for peace and good order in the community in which the applicant resides, and that the carrying of a concealed deadly weapon by the applicant is necessary for the protection of the applicant or the applicant's property, or both. The certificate shall be signed with the proper signatures and in the proper handwriting of each such respectable citizen.
(3) Every such applicant shall file in the office of the Prothonotary of the proper county the application verified by oath or affirmation in writing taken before an officer authorized by the laws of this State to administer the same, and shall under such verification state that the applicant's certificate and recommendation were read to or by the signers thereof and that the signatures thereto are in the proper and genuine handwriting of each. Prior to the issuance of an initial license the person shall also file with the Prothonotary a notarized certificate signed by an instructor or authorized representative of a sponsoring agency, school, organization or institution certifying that the applicant: (i) has completed a firearms training course which contains at least the below described minimum elements; and (ii) is sponsored by a federal, state, county or municipal law enforcement agency, a college, a nationally recognized organization that customarily offers firearms training, or a firearms training school with instructors certified by a nationally recognized organization that customarily offers firearms training. The firearms training, course shall include the following elements:
a. Instruction regarding knowledge and safe handling of firearms;
b. Instruction regarding safe storage of firearms and child safety;
c. Instruction regarding knowledge and safe handling of ammunition;
d. Instruction regarding safe storage of ammunition and child safety;
e. Instruction regarding safe firearms shooting fundamentals;
f. Live fire shooting exercises conducted on a range, including the expenditure of a minimum of 100 rounds of ammunition;
g. Identification of ways to develop and maintain firearm shooting skills;
h. Instruction regarding federal and state laws pertaining to the lawful purchase, ownership, transportation, use and possession of firearms;
i. Instruction regarding the laws of this State pertaining to the use of deadly force for self defense; and
j. Instruction regarding techniques for avoiding a criminal attack and how to manage a violent confrontation, including conflict resolution.
(4) At the time the application is filed, the applicant shall pay a fee of $65 to the Prothonotary issuing the same.
(5) The license issued upon initial application shall be valid for 3 years. On or before the date of expiration of such initial license, the licensee, without further application, may renew the same for the further period of 5 years upon payment to the Prothonotary of a fee of $65, and upon filing with said Prothonotary an affidavit setting forth that the carrying of a concealed deadly weapon by the licensee is necessary for personal protection or protection of the person's property, or both, and that the person possesses all the requirements for the issuance of a license and may make like renewal every 5 years thereafter; provided, however, that the Superior Court, upon good cause presented to it, may inquire into the renewal request and deny the same for good cause shown. No requirements in addition to those specified in this paragraph may be imposed for the renewal of a license.
(b) The Prothonotary of the county in which any applicant for a license files the same shall cause notice of every such application to be published once, at least 10 days before the next term of the Superior Court. The publication shall be made in a newspaper of general circulation published in the county. In making such publication it shall be sufficient for the Prothonotary to do the same as a list in alphabetical form stating therein simply the name and residence of each applicant respectively.
(c) The Prothonotary of the county in which the application for license is made shall lay before the Superior Court, at its then next term, all applications for licenses, together with the certificate and recommendation accompanying the same, filed in the Prothonotary's office, on the 1st day of such application.
(d) The Court may or may not, in its discretion, approve any application, and in order to satisfy the Judges thereof fully in regard to the propriety of approving the same, may receive remonstrances and hear evidence and arguments for and against the same, and establish general rules for that purpose.
(e) If any application is approved, as provided in this section, the Court shall endorse the word "approved" thereon and sign the same with the date of approval. If not approved, the Court shall endorse the words "not approved" and sign the same. The Prothonotary, immediately after any such application has been so approved, shall notify the applicant of such approval, and following receipt of the notarized certification of satisfactory completion of the firearms training course requirement as set forth in paragraph (a)(3) of this section above shall issue a proper license, signed as other state licenses are, to the applicant for the purposes provided in this section and for a term to expire on June 1 next succeeding the date of such approval.
(f) The Secretary of State shall prepare blank forms of license to carry out the purposes of this section, and shall issue the same as required to the several Prothonotaries of the counties in this State. The Prothonotaries of all the counties shall affix to the license, before lamination, a photographic representation of the licensee.
(g) The provisions of this section do not apply to the carrying of the usual weapon by the police or other peace officers.
(h) Notwithstanding any provision to the contrary, anyone retired as a police officer, as "police officer" is defined by § 1911 of this title, who is retired after having served at least 20 years in any law-enforcement agency within this State, or who is retired and remains currently eligible for a duty-connected disability pension, may be licensed to carry a concealed deadly weapon for the protection of that retired police officer's person or property after that retired police officer's retirement, if the following conditions are strictly complied with:
(1) If that retired police officer applies for the license within 90 days of the date of that retired police officer's retirement, the retired police officer shall pay a fee of $65 to the Prothonotary in the county where that retired police officer resides and present to the Prothonotary both:
a. A certification from the Attorney General's office, in a form prescribed by the Attorney General's office, verifying that the retired officer is in good standing with the law-enforcement agency from which the retired police officer is retired; and
b. A letter from the chief of the retired officer's agency verifying that the retired officer is in good standing with the law-enforcement agency from which the retired police officer is retired; or
(2) If that retired police officer applies for the license more than 90 days, but within 20 years, of the date of that retired police officer's retirement, the retired police officer shall pay a fee of $65 to the Prothonotary in the county where the retired police officer resides and present to the Prothonotary certification forms from the Attorney General's office, or in a form prescribed by the Attorney General's office, that:
a. The retired officer is in good standing with the law-enforcement agency from which that retired police officer is retired;
b. The retired officer's criminal record has been reviewed and that the retired police officer has not been convicted of any crime greater than a violation since the date of the retired police officer's retirement; and
c. The retired officer has not been committed to a psychiatric facility since the date of the retired police officer's retirement.
(i) Notwithstanding anything contained in this section to the contrary, an adult person who, as a successful petitioner seeking relief pursuant to Part D, subchapter III of Chapter 9 of Title 10, has caused a protection from abuse order containing a firearms prohibition authorized by § 1045(a)(8) of Title 10 or a firearms prohibition pursuant to § 1448(a)(6) of this title to be entered against a person for alleged acts of domestic violence as defined in § 1041 of Title 10, shall be deemed to have shown the necessity for a license to carry a deadly weapon concealed for protection of themselves pursuant to this section. In such cases, all other requirements of subsection (a) of this section must still be satisfied.
(j) Notwithstanding any other provision of this Code to the contrary, the State of Delaware shall give full faith and credit and shall otherwise honor and give full force and effect to all licenses/permits issued to the citizens of other states where those issuing states also give full faith and credit and otherwise honor the licenses issued by the State of Delaware pursuant to this section and where those licenses/permits are issued by authority pursuant to state law and which afford a reasonably similar degree of protection as is provided by licensure in Delaware. For the purpose of this subsection "reasonably similar" does not preclude alternative or differing provisions nor a different source and process by which eligibility is determined. Notwithstanding the forgoing, if there is evidence of a pattern of issuing licenses/permits to convicted felons in another state, the Attorney General shall not include that state under the exception contained in this subsection even if the law of that state is determined to be "reasonably similar." The Attorney General shall communicate the provisions of this section to the Attorneys General of the several states and shall determine those states whose licensing/permit systems qualify for recognition under this section. The Attorney General shall publish on January 15th of each year a list of all States which have qualified for reciprocity under this subsection. Such list shall be valid for one year and any removal of a State from the list shall not occur without 1 year's notice of such impending removal. Such list shall be made readily available to all State and local law-enforcement agencies within the State as well as to all then-current holders of licenses issued by the State of Delaware pursuant to this Section.
(k) The Attorney General shall have the discretion to issue, on a limited basis, a temporary license to carry concealed a deadly weapon to any individual who is not a resident of this State and whom the Attorney General determines has a short-term need to carry such a weapon within this State in conjunction with that individual's employment for the protection of person or property. Said temporary license shall automatically expire 30 days from the date of issuance and shall not be subject to renewal, and must be carried at all times while within the State. However, nothing contained herein shall prohibit the issuance of a 2nd or subsequent temporary license. The Attorney General shall have the authority to promulgate and enforce such regulations as may be necessary for the administration of such temporary licenses. No individual shall be issued more than 3 temporary licenses.
(l) All applications for a temporary license to carry a concealed deadly weapon made pursuant to subsection (k) of this section shall be in writing and shall bear a notice stating that false statements therein are punishable by law.
(m) Notwithstanding any other law or regulation to the contrary, any license issued pursuant to this section shall be void, and is automatically repealed by operation of law, if the licensee is or becomes prohibited from owning, possessing or controlling a deadly weapon as specified in § 1448 of this title.
11 Del. C. 1953, § 1441; 58 Del. Laws, c. 497, § 1; 60 Del. Laws, c. 419, §§ 1-3; 67 Del. Laws, c. 41, § 1; 67 Del. Laws, c. 260, § 1; 68 Del. Laws, c. 9, §§ 1, 2; 68 Del. Laws, c. 410, §§ 1-3; 69 Del. Laws, c. 299, § 1; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 343, § 1; 71 Del. Laws, c. 246, § 1; 71 Del. Laws, c. 252, § 1; 72 Del. Laws, c. 61, § 6; 73 Del. Laws, c. 7, § 1; 73 Del. Laws, c. 252, § 7; 74 Del. Laws, c. 140, §§ 1-3; 77 Del. Laws, c. 230, §§ 1-4.;