(a) A person is guilty of carrying a concealed deadly weapon when the person carries concealed a deadly weapon upon or about the person without a license to do so as provided by § 1441 of this title.
(b) Carrying a concealed deadly weapon is a class G felony, unless the deadly weapon is a firearm or a projectile weapon, in which case it is a class D felony.
(c) It shall be a defense that the defendant has been issued an otherwise valid license to carry a concealed deadly weapon pursuant to terms of § 1441 of this title, where:
(1) The license has expired,
(2) The person had applied for renewal of said license within the allotted time frame prior to expiration of the license, and
(3) The offense is alleged to have occurred while the application for renewal of said license was pending before the court.
(d) It shall be a defense that the defendant complied with § 1456(b) of this title.
11 Del. C. 1953,
§
1442;
58 Del. Laws, c. 497,
§
1;
59 Del. Laws, c. 547,
§
13;
67 Del. Laws, c. 130,
§
8;
70 Del. Laws, c. 186,
§
1;
77 Del. Laws, c. 313,
§§
1, 6;
84 Del. Laws, c. 371,
§
1;
84 Del. Laws, c. 525,
§
4;
Notes of Decisions
Cited in
44
cases (
24 in the last 5 years), 2005–2025 · leading case:
United States v. Gatlin, 613 F.3d 374 (3rd Cir. 2010).
United States v. Gatlin, 613 F.3d 374 (3rd Cir. 2010).
· cites it 3× “11 Del. C. § 1442. 2 Gatlin also moved pre-trial to reveal the identity of the confidential informant based on a justification defense theory.”
United States v. Williams, 400 F. Supp. 2d 673 (D. Del. 2005).
“Plaintiff further argues that Muniz had reasonable suspicion that defendant was carrying a concealed weapon which raised safety concerns as well as a possible violation of Delaware law under 11 Del. C. § 1442. 6. Although defendant challenges the search as illegal on several…”
State v. Ellis (Del. Super. Ct. 2016).
· cites it 2× “4 11 Del. C. § 1442. 5 11 Del. C. § 1450. 6 Defendant initially rejected the State’s plea offer during Defendant’s final case review on April 11, 2016.”
Mullens v. Kilborne (Del. 2018).
· cites it 2× “Father contends that he pled guilty in 1999 to carrying a concealed deadly weapon under 11 Del. C. § 1442, which was designated a class G felony because the weapon in question was not a firearm.”
State v. Hanzer (Del. Super. Ct. 2021).
· cites it 2× “y 27, 2021 ORDER Upon Defendant’s Motion for Postconviction Relief: DENIED On this 27th day of July, 2021, upon consideration of the Defendant’s Motion for Postconviction Relief, the Commissioner’s Report and Recommendation, and the record in this case, IT APPEARS THAT: 1, The…”
Taylor v. State (Del. 2024).
· cites it 2× “31, 2022) (ORDER) (citing 11 Del. C. §§ 1442, 1448(b); Upshur v. State, 420 A.”
State v. Anderson (Del. Super. Ct. 2024).
· cites it 2× “(6) Pursuant to 11 Del.C. § 1442(b), CCDW is a Class D Felony when the weapon involved is a firearm.”
State v. Manuel (Del. Super. Ct. 2025).
· cites it 2× “31 11 Del. C. § 1442. 32 11 Del. C. § 1448. 33 Id.”
United States v. Luke Gatlin (3rd Cir. 2010).
· cites it 2× “The 2 11 Del. C. § 1442 provides that “[a] person is guilty of carrying a concealed deadly weapon when the person carries concealed a deadly weapon upon or about the person without a license to do so as provided by § 1441 of this title.”
McDougal v. State (Del. 2015).
· cites it 2× “It is illegal to carry a concealed deadly weapon without a proper license.10 While a gun may be easily discoverable through routine police procedures, it may still be considered “concealed” for purposes of 11 Del.”
Moody v. State (Del. 2016).
“2 11 Del. C. § 1442. 3 11 Del. C. § 1448. 2 considered the motion as a motion for a new trial.”
— 11 Del. C. § 1442(a) — 2 cases
— 11 Del. C. § 1442(b) — 3 cases
State v. Anderson (Del. Super. Ct. 2024).
“(6) Pursuant to 11 Del.C. § 1442(b), CCDW is a Class D Felony when the weapon involved is a firearm.”
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