Delaware has enacted firearm laws that regulate not only complete firearms, but also parts, accessories, magazines, and industry conduct. These laws introduce expanded civil liability and compliance uncertainty that make it impractical for out-of-state retailers like Arm Or Ally to sell or ship regulated products into Delaware.
What Is Delaware’s Gun Industry Responsibility Law?
In 2024, Delaware enacted legislation that allows the state to bring civil actions against firearm industry members when the sale, distribution, or marketing of firearm-related products is alleged to contribute to a public nuisance or public harm. This law is modeled after similar statutes in states such as New York and Connecticut and narrows traditional legal protections for firearm businesses.
Official bill information:
https://legis.delaware.gov/BillDetail?legislationId=140796
Legislative summary (LegiScan):
https://legiscan.com/DE/bill/HB451/2024
Why Does This Increase Risk for Online Retailers?
Delaware’s law allows civil claims based on how firearm-related products are marketed or sold, even when the seller followed federal law and did not commit a crime. A retailer may face legal action if the state claims that its business practices failed to include sufficient “reasonable controls.”
For out-of-state online sellers, this creates unpredictable legal exposure and the risk of costly litigation simply for shipping otherwise lawful products into Delaware.
Other Delaware Laws That Add to the Compliance Burden
Delaware also enforces additional firearm restrictions that complicate shipping and compliance, including:
- Magazine capacity limits: Delaware restricts magazines capable of holding more than 17 rounds, with limited exceptions. Transfers that violate this limit are prohibited.
https://attorneygeneral.delaware.gov/sb6/ - Unserialized and privately made firearm restrictions: Delaware bans unserialized firearms and regulates unfinished frames and receivers, including restrictions on sale and possession.
https://attorneygeneral.delaware.gov/firearms/ - Expanded firearm definitions: Delaware law includes broad definitions that may apply to parts, components, and accessories depending on how they are marketed or intended to be used.
Is This a Political Decision?
No. This is a business and risk-management decision. Delaware’s expanded civil liability framework and layered firearm regulations increase legal exposure and compliance costs for out-of-state retailers beyond what is practical for Arm Or Ally.
Will Arm Or Ally Sell to Delaware in the Future?
At this time, no. Until Delaware law becomes clearer, more predictable, and less punitive toward out-of-state sellers, Arm Or Ally does not sell or ship firearms, parts, accessories, or ammunition into Delaware.
