Delaware AWB question

[Arado 234]

Question for the legal professionals on the forum, please.

The DE AWB text states that "(a) Prohibitions. - Except as provided in subsection (b) or (c) of this section, it is unlawful for a person to do any of the following:

(1) Transport an assault weapon into this State."

Under the Exceptions section, the text then states "3) A person who lawfully possessed, had a purchase order for, or completed an application to purchase an assault weapon before [the effective date of this Act], may possess and transport the assault weapon on or after [the effective date of this Act] only under the following circumstances:

a. At that person?s residence, place of business, or other property owned by that person, or on property owned by another person with the owner?s express permission.

b. While on the premises of a shooting range."

My question is, if a person legally owns a "grandfathered" firearm purchased before the ban went into effect, and has proof of purchase in the form of a receipt, may that person legally transport that firearm to a private range in another state and return with the firearm back to their home in Delaware?

Many thanks for your replies.

[Clarence]

That is a great question.  I would think it best not to take the gun out of state.  If you owned it prior to the 2022 law you of course may retain it and use it per the stipulations of the law

I don?t see anything in the law that you have to have the receipt

It appears that importing into the state would preclude any newly purchased banned firearm from out of state but the law is unclear as to if you just took it say to Maryland to a range and then came home.  Who knows if that is covered

Also what about a new resident of the state that owns a banned weapon purchased before June of 2022.


Until this is all settled i would keep it in Delaware.

[Arado 234]

Thank you, Sir. I figured that having the receipt as proof that it was purchased prior to the ban, and having it with the rifle at the time of transport would be better than having no proof. Having said that, it's best to follow your advice and not be a guinea pig.

Much Appreciated,
Ar 234

[slsharp]

If you keep it out of sight in your vehicle, there is not a problem, right?  Out of sight out of mind as they used to say?  It's crazy how the libs of Delaware has everyone running scared.  I know we are the law-abiders, and they are not, and it's all got to play out in the court, but our Constitution (both Delaware and Federal) say's we have the right, and it doesn't specify auto loaders vs. muskets. As far as Carney niggling the meaning of our rights, I have no respect.

[Oaklandopen]

I have been under the impression that if you are in legal ownership of said banned weapon you are free to travel across state lines for the purpose of range time.  That is aside from going to dealers for repairs or private property,  etc

I would say it's similar to the interstate travel clause where as long as you go from point A to point B on an interstate you can't be held liable for having a firearm with you in a state that doesn't allow it.  For instance,  if I have a properly secured AR15 and I take 95 to north Carolina I should be free to travel with it even through Maryland where it is banned as long as I don't stop anywhere,  even a rest stop

I figure if someone wants to go to target shooting solutions in PA and back to delaware with no stops in between,  that should satisfy the legal requirements

[Clarence]

I would say that you are correct.  If arrested and tried I believe you would prevail.  You are a law abiding honest citizen exercising your rights.

Remember however that the recent spate of gun laws in this formerly free state are purposely directed at honest law abiding citizens.  You are their enemy and they want to trip you up and felonize  you.   They care not hoot about the violent criminals. The want you.

[MarcWinkman]

Given the way that the AWB is written, I would very much treat having a pre-2022 banned weapon in much the same way as having a Form 1 SBR, DO NOT LEAVE THE STATE WITH IT!!!  Much better safe than being the test case that has to expend several thousand dollars to litigate the issue and then run the risk of having the State deem the firearm in question forfeited because it was involved in a "crime".