Is Flamethrowers Legal in Delaware? (2026)

Confidence: High

Yes — Flamethrowers are legal in Delaware as of 2026.

Key Restriction
None statewide
Penalty
None
Last Updated
2026-03-25
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Quick Answer

Flamethrowers are legal to own and use in Delaware with no state-level restrictions. No significant legislative changes regarding flamethrowers in recent years.

What the Law Says

State law does not specifically regulate or ban the possession of flamethrowers. However, the use of a flamethrower is subject to general public safety laws, and misuse can be prosecuted under various criminal statutes.

11 Del. C. § 1338
Category Details
Ownership Legal, no permit required
Purchase Legal
Penalties N/A
Age Restriction No state restriction
Pending Legislation None known
Recent Changes

No significant legislative changes regarding flamethrowers in recent years.

Enforcement Reality

Delaware law does not specifically mention flamethrowers. However, possession of a flamethrower could be prosecuted under the state's destructive weapons statute if the device is intended for unlawful use.

Charge Level
No criminal penalty for possession. Misuse can lead to charges like reckless endangerment or arson, which can be misdemeanors or felonies depending on the severity.
Enforcement Likelihood
Very low for simple possession. High if used in a reckless or malicious manner, or in violation of local fire ordinances.
Common Triggers
Using the flamethrower in a way that endangers people or property, violating local burn bans, using it for criminal purposes like arson or intimidation.
Common Mistakes

A common mistake is believing that because flamethrowers are not explicitly illegal, they can be used without consequence. Any use that causes damage or fear of harm can be a criminal act.

Local Exceptions

None identified. State law applies uniformly across Delaware. Local ordinances may still vary — check with your city or county government for any additional rules.

Delaware vs. the Rest of the US

Across the US, owning a flamethrower is fully legal in 48 states, restricted in 1, and illegal in 1. Delaware falls in the LEGAL category.

View the full 50-state map →

Neighboring States

Laws change at state lines. Here is how bordering states compare on Flamethrowers:

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Frequently Asked Questions

Is it legal to own Flamethrowers in Delaware?
Yes — Flamethrowers are legal in Delaware as of 2026. Flamethrowers are legal to own and use in Delaware with no state-level restrictions. No significant legislative changes regarding flamethrowers in recent years.
Can you own a flamethrower in Delaware?
Flamethrowers are legal to own and use in Delaware with no state-level restrictions. No significant legislative changes regarding flamethrowers in recent years.
What is the age restriction for owning a flamethrower in Delaware?
No state restriction
Does the law on owning a flamethrower change at the Delaware border?
Yes. Flamethrowers are illegal in neighboring Maryland. Laws change at state lines — check each state individually before traveling.

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EH
Ethan Harper Independent Legal Researcher

Reviewed by cross-referencing the cited state statute against current legislative databases and regulatory publications.

Last reviewed: 2026-03-25 Method: Statute cross-reference

Sources & Verification

1.
Primary Citation
2.
Statute Summary
State law does not specifically regulate or ban the possession of flamethrowers. However, the use of a flamethrower is subject to general public safety laws, and misuse can be prosecuted under various…
Verified: 2026-03-25 Reviewed by: Ethan Harper Method: Statute cross-reference Confidence: High

This page was reviewed by Ethan Harper by comparing the legal status against the cited state statute. AllowedHere is an informational resource and does not provide legal advice. Consult a licensed attorney for guidance specific to your situation.

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