Gun Laws in Delaware

In this video on Gun Laws, Attorney Ben Schwartz answers the question: “If I have a concealed weapon permit, should I inform the officer right away if I get pulled over for speeding?”

Gun Laws in Delaware


Hi, I’m Attorney Ben Schwartz.

Julio in Wilmington, Delaware asks: “I have a concealed carry permit. If I have a weapon on my person and I’m driving – and I get pulled over for speeding, should I advise the officer that I’m armed? What are the gun laws in Delaware?

Let’s assume you are pulled over for speeding. Let’s also assume that you are not engaging in any criminal activity. The only thing you (allegedly) did wrong was speed. I answer this not from the perspective of a holder of a concealed carry permit, but from the perspective of a Delaware trial lawyer.

I have experience handling criminal defense law. I know a lot about gun laws. I’ve been in practice for 15 years. When I started practicing law, the majority of my cases were felony criminal defense cases. As a felony criminal defense trial attorney, my advice to you is: don’t talk to the police. Don’t volunteer any information. If you’re not specifically asked, don’t give them information.  Don’t offer any information that could lead to a criminal investigation. Keep your mouth shut. Don’t talk to the police. Anything you say could incriminate you, and you can respectfully decline to answer questions without an attorney present.

Criminal defense attorneys give that advice to their clients. We have a 4th Amendment right not to be interrogated by the police without good reason for them to think you are participating in some kind of criminal activity. A good criminal defense attorney will tell you the same thing.

In the state of Delaware (as far as I’m aware), there is no law for concealed carry permit holders that requires them to advise a police officer who has stopped them for speeding that they are carrying concealed. If there’s no law that specifically requires you to divulge that piece of information, then I’m going to advise you to not volunteer that information.

We have previously done videos about what you should do if you are pulled over for speeding or some other traffic violation. If you’ve watched those videos, then you know that my advice is for you to make the police officer’s job as easy as possible. By the time he reaches your window, you should:

  • have your window down;
  • have your dome light on;
  • have your license, registration and insurance card sitting on the dash sitting right in front of you.;
  • have your hands at 10 and 2 on the steering wheel.

That officer just wants to go home at the end of the day. He doesn’t want any drama. He doesn’t want any problems. He just wants to do his duty and get out of there without complications as simply as possible. Anything that you can do to streamline the process, make him feel comfortable, make him feel less anxious, make yourself feel less anxious….that’s what you want to do.

It’s important that you know the gun laws for your state. Just don’t volunteer information that you don’t need to volunteer!

Gun Laws in Delaware

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