Are Flamethrowers Legal in Delaware? (2026)
Yes — Flamethrowers are legal in Delaware as of 2026.
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 |
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.
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.
Bottom Line
Flamethrowers are legal in Delaware. You can own them without violating state law, though federal rules and local ordinances may still apply. Always verify current law before acting.
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 →Reviewed by cross-referencing the cited state statute against current legislative databases and regulatory publications.
Sources & Verification
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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