How to Build a Legal AR-15 in Delaware

Current AR-15 Legality Status in Delaware

Building an AR-15 in Delaware requires careful attention to state firearm regulations, particularly following legislative changes in 2022. Delaware residents can legally build and possess AR-15 rifles, but specific requirements and restrictions apply depending on when the firearm was acquired and its configuration.

The state’s assault weapon ban, enacted through House Bill 450 in June 2022, significantly impacts AR-15 ownership and building. However, important grandfather provisions exist for lawfully possessed firearms acquired before the ban’s effective date. Understanding these provisions is essential for compliant AR-15 building in Delaware.

Understanding Delaware’s Assault Weapon Ban

Delaware’s assault weapon ban defines prohibited firearms based on specific features. For semi-automatic rifles with a detachable magazine, the presence of certain characteristics determines whether the firearm falls under the ban. Key features that classify a rifle as an assault weapon include:

• A folding or telescoping stock
• A pistol grip that protrudes conspicuously beneath the action
• A bayonet mount
• A flash suppressor or threaded barrel designed to accommodate a flash suppressor
• A grenade launcher

The law specifically names certain firearms as assault weapons, including various AR-15 pattern rifles. However, the grandfather clause provides critical protection for existing owners and those building compliant configurations.

Grandfather Provisions and Certificate of Possession

If you lawfully possessed an AR-15 or AR-15 components before June 30, 2022, you may maintain possession through the grandfather provision. The Department of Safety and Homeland Security required owners to obtain a certificate of possession by June 30, 2023. This certificate serves as proof of lawful possession before the ban.

To obtain a certificate of possession, owners needed to provide:

• Proof of purchase showing acquisition before June 30, 2022 (such as a receipt from an FFL)
• Completed application to the Department of Safety and Homeland Security
• Payment of applicable fees

Builders who purchased AR-15 receivers or complete rifles before the deadline can typically continue their builds, provided they maintain documentation of lawful possession.

Magazine Capacity Limits in Delaware

Delaware law restricts magazine capacity for certain firearms. The state prohibits the manufacture, sale, purchase, receipt, transfer, or possession of large-capacity magazines, defined as those capable of holding more than 17 rounds of ammunition.

This 17-round limit applies to:

• Detachable magazines for semi-automatic firearms
• Fixed magazines that can be readily restored or converted to accept more than 17 rounds
• Any ammunition feeding device

Exceptions exist for:

• Magazines lawfully possessed before June 30, 2022
• Law enforcement and military personnel
• Certain competitive shooting events

When building an AR-15 in Delaware, selecting magazines with 17 rounds or less capacity ensures compliance with state law. Standard 10-round, 15-round, or 17-round magazines remain legal options for new builds.

Suppressor and SBR Legality

Delaware permits ownership of suppressors (silencers) for civilians, following federal regulations under the National Firearms Act (NFA). To legally possess a suppressor in Delaware:

• Submit ATF Form 4 with fingerprints and photographs
• Pay the $200 tax stamp fee
• Pass the federal background check
• Wait for ATF approval (typically 6-12 months)

Short-barreled rifles (SBRs) with barrels less than 16 inches follow similar federal requirements in Delaware. The state does not prohibit NFA items beyond federal restrictions, making both suppressors and SBRs legal with proper federal registration.

When building an AR-15 with a suppressor or as an SBR, ensure all federal paperwork is complete before assembly. The lower receiver becomes the registered NFA item for SBRs, requiring approval before attaching a short barrel.

Permit and Registration Requirements

Delaware does not require permits or registration for standard rifle purchases or builds, including AR-15s. However, specific requirements apply in certain circumstances:

Background Check Requirements

All firearm transfers through FFLs require background checks. Private transfers of long guns between Delaware residents typically don’t require background checks, though this may vary based on local ordinances.

Certificate of Possession for Assault Weapons

As mentioned, assault weapons lawfully possessed before June 30, 2022, required registration through a certificate of possession by June 30, 2023. This one-time registration requirement doesn’t apply to new compliant builds.

Concealed Carry Considerations

While primarily relevant to handguns, Delaware’s concealed carry permit system may affect AR-15 pistol builds. AR pistols fall under handgun regulations, requiring adherence to state handgun laws.

Building a Compliant AR-15 in Delaware

Creating a Delaware-compliant AR-15 build requires careful component selection. Here’s a comprehensive parts list for a legal configuration:

Lower Receiver Assembly

• Lower Receiver: Stripped AR-15 lower receiver (purchased through FFL with background check)
• Lower Parts Kit: Standard AR-15 LPK without pistol grip
• Stock: Fixed stock (non-folding, non-telescoping) such as an A2 rifle stock
• Grip: Featureless grip option like Thordsen Customs FRS-15 or similar non-pistol grip design
• Buffer Tube Assembly: Rifle-length buffer tube for fixed stock

Upper Receiver Assembly

• Upper Receiver: Standard stripped or assembled upper
• Barrel: 16-inch or longer, non-threaded or with permanently attached muzzle device
• Muzzle Device: Compensator or brake (not flash suppressor) if threaded barrel
• Handguard: Free-float or drop-in style without forward grip mounting points
• Bolt Carrier Group: Standard AR-15 BCG
• Charging Handle: Standard or ambidextrous model

Additional Components

• Magazines: 17-round capacity or less
• Optics: Red dot, scope, or iron sights of choice
• Sling: Two-point sling without quick-detach features on certain mounting points

Build your Delaware-compliant AR-15 using the AR15 Outfitters configurator to ensure compatibility and find the best prices on components.

Official State Statutes and Resources

Delaware firearm laws are primarily found in Title 11 of the Delaware Code. Key sections include:

• Title 11, Chapter 5, Subchapter VII: Deadly Weapons regulations
• Section 1466: Possession and purchase of deadly weapons by persons prohibited
• Section 1468: Possession and manufacture of certain weapons prohibited
• House Bill 450 (2022): Assault weapons and large-capacity magazine restrictions

For current information, consult:

• Delaware Department of Safety and Homeland Security website
• Delaware State Police Firearms Unit
• Local law enforcement agencies
• The official AR15 Outfitters legal section for Delaware

Practical Considerations for Delaware AR-15 Builders

When building an AR-15 in Delaware, consider these practical aspects:

Documentation and Record Keeping

Maintain detailed records of all component purchases, including:

• Receipts showing purchase dates
• FFL transfer documentation
• Any correspondence regarding certificate of possession
• Build specifications and modifications

Transport and Storage

Delaware law requires safe storage of firearms when minors may access them. Consider:

• Locking devices or safes
• Separate ammunition storage
• Transportation in locked containers when required

Interstate Considerations

Delaware borders Pennsylvania, Maryland, and New Jersey. Each state has different firearm laws. Before traveling:

• Research destination state laws
• Ensure federal transport law compliance
• Consider modifications needed for other jurisdictions

Future Considerations and Updates

Delaware firearm laws continue to evolve. Recent legislative sessions have proposed various changes to existing regulations. Builders should monitor:

• Proposed legislation affecting assault weapon definitions
• Changes to magazine capacity limits
• Updates to background check requirements
• Local ordinances in specific municipalities

Join local firearm advocacy groups and mailing lists to stay informed about proposed changes that might affect AR-15 ownership and building in Delaware.

Legal Disclaimer

This article is provided for informational purposes only and does not constitute legal advice. Firearm laws are complex, subject to change, and can vary by jurisdiction. The information presented here was current at the time of writing but may have changed. Before purchasing, building, or modifying any firearm, including an AR-15, you should consult with a qualified attorney who specializes in firearms law in Delaware. Additionally, verify all current laws and regulations with local law enforcement and the Delaware Department of Safety and Homeland Security. AR15 Outfitters assumes no liability for actions taken based on this information. Always prioritize safety and legal compliance in all firearm-related activities.