Free Delaware Gun / Firearm Bill of Sale

Delaware private firearm sales changed dramatically in August 2022 when House Bill 423 took effect — nearly all private gun transfers now require a Federal Firearms License (FFL) dealer to run a NICS background check. Delaware’s no-sales-tax reputation still applies (no tax on the gun itself), but the FFL transfer fee ($25-$50) and the universal background check rule make Delaware significantly stricter than buyers expect. A Delaware gun bill of sale documents the transaction alongside the FFL paperwork. This guide covers the HB 423 universal background check, family-member exemptions, prohibited persons, and the bill of sale essentials.

Delaware Requirements: Transfer title within 30 days. 5.25% sales tax.

Seller Information

Full Name *

Street Address *

City *

State *

ZIP Code *

Phone

Buyer Information

Full Name *

Street Address *

City *

State *

ZIP Code *

Phone

Gun / Firearm Details

Make *

Model *

Caliber/Gauge *

Serial Number *

Firearm Type *

Barrel Length

Condition *

Sale Information

Sale Price ($) *

Payment Method *

Date of Sale *

Condition & Warranty

Sold AS-IS (no warranty)

Warranty Details (if applicable)

Important: Federal and state laws may require a background check for firearm transfers. This bill of sale does not replace any legal requirements for background checks, waiting periods, or other regulations. Please consult your local laws before completing this transaction.

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Private firearm sales carry more legal requirements than most buyers realize — background check laws, waiting periods, and prohibited-person rules vary widely by state. Our guide explains when a bill of sale is legally required and what it must say. Read: Do I Need a Bill of Sale? →

Delaware Gun / Firearm Bill of Sale — What You Need to Know

Primary Form

Standard bill of sale

Agency

FFL Dealer

FFL-mediated transfer required (Delaware House Bill 423, 2022)

Primary ID Field

Serial Number

Sales Tax

Title Required

Firearms are not titled. As of August 2022, Delaware requires nearly all private firearm sales to go through a Federal Firearms License (FFL) dealer for a background check.

Inspection

Not required

Sales Tax Details

No state sales tax on firearms. FFL dealers typically charge a $25-$50 transfer fee per transaction.

Exemption: Transfers between immediate family (parent/child/spouse/sibling) and to law enforcement are exempt from the FFL requirement.

Inspection Requirements

No firearm inspection. FFL conducts NICS background check on the buyer.

Delaware Gun / Firearm Sale — Step-by-Step Checklist

Schedule the transfer at a Federal Firearms License (FFL) dealer in Delaware — required by HB 423 for almost all private sales.
Both parties bring valid Delaware photo ID; the FFL runs a NICS background check on the buyer (typical $25-$50 fee).
Complete a Delaware bill of sale documenting make, model, type (handgun/long gun), caliber, serial number, sale price, and date.
Verify the firearm is not stolen — the FFL can run the serial number through ATF tracing if there is doubt.
Confirm the buyer is not a prohibited person under federal 18 U.S.C. § 922(g) and Delaware Code Title 11 § 1448.
Retain copies of the bill of sale and the FFL transfer paperwork (Form 4473) — keep them with permanent records.
For handguns, the buyer must be 21+; for long guns, 18+. The FFL will reject underage transfers.

Common Pitfalls

Skipping the FFL for a "buddy sale" — Delaware HB 423 makes private transfers without FFL background checks a Class A misdemeanor (up to 1 year in jail) for first offense.
Assuming the family-member exemption applies broadly — it covers ONLY parents, children, grandparents, grandchildren, spouses, and siblings. Cousins, in-laws, and friends still need an FFL.
Selling to someone who later commits a crime with the gun — without the FFL paperwork, the seller can face significant civil and possibly criminal exposure.
Missing the prohibited-persons rules: convicted felons, domestic violence misdemeanants, drug users, and dishonorable-discharge veterans cannot legally receive firearms regardless of the bill of sale.

Pro Tip

Delaware's 2022 universal background check law makes the FFL the centerpiece of any private gun sale — the bill of sale is supporting evidence, not a shortcut around HB 423.

Delaware Gun / Firearm Bill of Sale — FAQs

Do all private gun sales in Delaware really require an FFL?

Yes, with narrow exceptions. House Bill 423, effective August 2022, requires nearly all private firearm transfers in Delaware to go through a Federal Firearms License dealer who runs a NICS background check on the buyer. Exemptions cover transfers between immediate family (parents, children, grandparents, grandchildren, spouses, siblings), transfers to/from law enforcement, and certain estate transfers. Cousins, in-laws, friends, and roommates do NOT qualify — they must use an FFL. Most Delaware FFLs charge $25-$50 to facilitate a private transfer.

Are firearm purchases tax-free in Delaware?

Yes — Delaware has no state sales tax on firearms, ammunition, or accessories, whether purchased from a dealer or in a private FFL-mediated transfer. The FFL dealer’s transfer fee ($25-$50) is a service charge, not a tax. Unlike the 4.25% DMV Document Fee on vehicles, there is no equivalent fee on guns. This makes Delaware a popular firearm-purchase destination for residents of higher-tax neighbors, but federal law requires non-Delaware residents to take handguns through an FFL in their home state — direct transfer to non-residents is illegal.

What if I want to gift a firearm to my adult child in Delaware?

Parent-to-child gifts are exempt from the FFL requirement under HB 423's family-member exemption. You can transfer the firearm directly with a written bill of sale (or gift letter) noting the relationship, both parties' information, the firearm details, and signatures. Both parties should keep copies. The recipient must still be 21+ for a handgun, 18+ for a long gun, and not a prohibited person under federal or Delaware law. If your child lives out of state, federal law may still require an FFL transfer in their home state for handguns.

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