§ 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, also stating the person's residence and occupation;
(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. At the time of
application for the issuance of an initial license the person shall file with
the Prothonotary, a notarized certificate signed by an instructor or authorized
representative of a sponsoring agency, school, organization or institution
certifying (1) that prior to this initial application the applicant has
completed a firearms training course which contains at least the below
described minimum elements, and (2) 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
$34.50 to the Prothonotary issuing the same;
(5) The license issued upon initial application shall be valid for 2
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 3 years upon payment to the Prothonotary of a fee of $34.50, 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
3 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 first 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 thereon,
the words "not approved" and sign the same. The Prothonotary,
immediately after any such application has been so approved, 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 the 1st day of
June 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 his or her person or property
after his or her retirement, if the following conditions are strictly complied
with:
(1) If he or she applies for the license within 90 days of the date of his or
her retirement, he or she shall pay a fee of $34.50 to the Prothonotary in the
county where he or she resides and present to the Prothonotary both:
(i) 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 he or she is retired;
and
(ii) 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
he or she is retired; or
(2) If he or she applies for the license more than 90 days, but within 20
years, of the date of his or her retirement, he or she shall pay a fee of
$34.50 to the Prothonotary in the county where he or she 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:
(i) The retired officer is in good standing with the law enforcement agency
from which he or she is retired;
(ii) The retired officer's criminal record has been reviewed and that he or she
has not been convicted of any crime greater than a violation since the date of
his or her retirement; and
(iii) The retired officer has not been committed to a psychiatric facility
since the date of his or her 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 of 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 themself pursuant to § 1441
of this title. In such cases, all other requirements of subsection (a) of this
section must still be satisfied.
(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.)