No, owning a flamethrower in Delaware is prohibited under the state’s strict firearm and incendiary device statutes, which classify such devices as “destructive weapons.” Local ordinances enforced by the Delaware State Fire Marshal’s Office further restrict their possession, sale, or use. Violations may result in felony charges under Title 11, § 1442.
Key Regulations for Owning a Flamethrower in Delaware
- Prohibited Devices: Delaware law explicitly bans “any device designed to project or emit flames or other incendiary substances” under 11 Del. C. § 1442, treating them as Class D felonies if possessed without exemption.
- Local Enforcement: The Delaware State Fire Marshal’s Office conducts inspections and prosecutes violations, with recent 2026 guidance clarifying that even hobbyist or theatrical use requires prior approval from the Office of the State Fire Marshal.
- Exemptions: Limited exceptions exist for licensed pyrotechnicians or military personnel, but these require documented permits and adherence to Delaware’s Fire Prevention Code (7 DE Admin. Code § 1301).