How To Become A Delaware Resident

[Carlee Members]

Ifyou move into Delaware from another State, you must apply for aDelaware driver'slicense within 60 days after becoming a resident. You must turn in yourpreviously issued out-of-state driver's license or have a currentcertified copy of your driving record, provide proof of citizenshipor legal presence such as a birth certificate or passport, proof ofsocial security number, and two proofs of DE residency. If properdocumentation is provided, you will be issued a federally compliantdriver license.

Please refer to the AcceptableIdentification Document List formore information. Applicants will be required to sign anapplication, surrender agreement form, and pass aneyescreening Writtenand road exams may be given, but they are normally waived ifyour license is valid. Suspended, revoked, and restricted licensescannot be transferred until the outstanding actions are cleared.

A motorcycle endorsement from another state is transferrable for an additional fee. Commercial endorsements Tanker (N), Double/Triples (T), and Passenger (P) are also transferrable. Special restrictions apply regarding the transfer of a Hazmat (H/X) endorsement, such a knowledge exam, verification of a favorable background investigation and proof/immigration documents. Special requirements also apply regarding the transfer of a School Bus (S) endorsement. Applicants wishing to transfer their School Bus (S) endorsement from another state must first contact the Delaware Department of Education (DDOE) to initiate the transfer process prior to visiting the DMV. The Taxi/Limousine (Z) endorsements are non-transferable.

Non-resident drivers over the age of 16 years who have a valid driverlicense issued by their home country or U.S. Territory may operatemotor vehicles upon the highways of this State when their license isin their immediate possession.

Sixty days after the non-resident driver becomes a Delaware resident,he/she must apply for a Delaware driver license. Drivers from othercountries may retain their foreign licenses. All drivers licensed inother countries and U.S. Territories must pass both the knowledgeand road exams.

Exception: Delaware has a reciprocity agreement with Germany, Taiwan(Republic of China) and France thereby exempting these drivers fromthe knowledge and road exams for a Class D license only.Endorsements are not included in reciprocity agreements.

Superior Court is responsible for granting Concealed Deadly Weapon Permits in Delaware after the Attorney General's Office investigates and recommends the application. View the Procedural Rules and the Delaware Code that govern weapons.

RULE 2. PURPOSE AND CONSTRUCTION

These rules shall be construed so as to secure uniform fairness in administration of the licensing process and elimination of unjustifiable expense and delay in the processing of license applications and renewals.

RULE 3. APPLICATIONS AND AFFIDAVITS

(a) Applications. Applications for a license to carry concealed deadly weapons shall be filed under oath in duplicate upon the form attached as Form 1, which shall be filed with the Prothonotary in the county in which the applicant resides. In addition, the applicant shall file simultaneously therewith two 1.5" x 1.5" passport-style photographs of the applicant taken within the six-month period immediately preceding the filing of the renewal application, along with the statutory filing fee.

(b) Renewal Affidavits. Affidavits for the renewal of a license issued to carry a concealed deadly weapon shall be filed under oath in duplicate upon the form attached as Form 2, which shall be filed with the Prothonotary in the county in which the applicant resides. In addition, the applicant shall file simultaneously therewith two 1.5" x 1.5" passport-style photographs of the applicant taken within the six-month period immediately preceding the filing of the renewal application, along with the statutory filing fee.

(c) Time for filing.

(1) Applications for an initial license may be filed at any time.

(2) Affidavits for the renewal of a license may be filed after January 1 but no later than June 1 of the year of license expiration.

RULE 4. PROCESSING OF LICENSE APPLICATION

Upon receipt of an application, the Prothonotary shall review the application. If the application is incomplete, the Prothonotary shall return same to the applicant, together with an explanation for rejection.

RULE 6. SERVICE UPON THE ATTORNEY GENERAL

The Prothonotary shall send the duplicate of all documents filed with the Court to the office of the Attorney General in the county of application. Consistent with the duty and authority conferred by 29 Del. C. 2504(4), the Attorney General may investigate whether the approval of the application will constitute a risk to the public peace and safety. The Attorney General may file a response with the Court within 30 days of the referral. A copy of the response shall simultaneously be served by the Attorney General upon the applicant by regular mail. Proof of mailing shall be filed with the Prothonotary. If no objection is filed, the application or renewal affidavit shall be deemed unopposed by the Attorney General, and the Court will decide the matter on the information presented.

RULE 7. REQUESTS FOR HEARINGS

Any applicant aggrieved by any action of the Court may file a written request for a hearing no later than 10 days after notification of the contested action. Upon receipt of a request for a hearing, the Court shall notify the applicant and the Attorney General of the date and time of the hearing.

RULE 8. APPOINTMENT OF ATTORNEY GENERAL

In any hearing held pursuant to these rules, the Court may appoint the Attorney General to represent those interests which may be in opposition to the applicant or licensee.

RULE 9. ISSUANCE OF LICENSE

Upon the granting of an initial application by the Court, the Prothonotary shall issue the license to the applicant for a term to expire on the first day of June of the second year next succeeding. Upon the granting of a renewal affidavit by the Court, the Prothonotary shall issue the license to the applicant for a term to expire on the first day of June of the third year next succeeding.

RULE 11. REVOCATION

The Court may at any time revoke a license to carry a concealed deadly weapon for good cause shown. Good cause shall include but is not limited to the provisions of 11 Del. C. 1448.

RULE 12. EFFECTIVE DATE

These rules take effect on May 1, 1993. They govern all applications for the issuance or renewal of licenses to carry concealed deadly weapons thereafter commenced and, so far as just and practicable, all proceedings then pending.

(a) A person of full age and good moral character desiring to be licensed to carry a concealed deadly weapon for personal protection or the protection of the person's property may be licensed to do so when the following conditions have been strictly complied with:

(1) The person shall make application therefor in writing and file the same with the Prothonotary of the proper county, at least 15 days before the then next term of the Superior Court, clearly stating that the person is of full age and that the person is desirous of being licensed to carry a concealed deadly weapon for personal protection or protection of the person's property, or both, and also stating the person's residence and occupation. The person shall submit together with such application all information necessary to conduct a criminal history background check. The Superior Court may conduct a criminal history background check pursuant to the procedures set forth in Chapter 85 of Title 11 for the purposes of licensing any person pursuant to this section.

(2) At the same time the person shall file, with the Prothonotary, a certificate of 5 respectable citizens of the county in which the applicant resides at the time of filing the application. The certificate shall clearly state that the applicant is a person of full age, sobriety and good moral character, that the applicant bears a good reputation for peace and good order in the community in which the applicant resides, and that the carrying of a concealed deadly weapon by the applicant is necessary for the protection of the applicant or the applicant's property, or both. The certificate shall be signed with the proper signatures and in the proper handwriting of each such respectable citizen.

(3) Every such applicant shall file in the office of the Prothonotary of the proper county the application verified by oath or affirmation in writing taken before an officer authorized by the laws of this State to administer the same, and shall under such verification state that the applicant's certificate and recommendation were read to or by the signers thereof and that the signatures thereto are in the proper and genuine handwriting of each. Prior to the issuance of an initial license the person shall also file with the Prothonotary a notarized certificate signed by an instructor or authorized representative of a sponsoring agency, school, organization or institution certifying that the applicant: (i) has completed a firearms training course which contains at least the below described minimum elements; and (ii) is sponsored by a federal, state, county or municipal law enforcement agency, a college, a nationally recognized organization that customarily offers firearms training, or a firearms training school with instructors certified by a nationally recognized organization that customarily offers firearms training. The firearms training, course shall include the following elements:

(5) The license issued upon initial application shall be valid for 3 years. On or before the date of expiration of such initial license, the licensee, without further application, may renew the same for the further period of 5 years upon payment to the Prothonotary of a fee of $65, and upon filing with said Prothonotary an affidavit setting forth that the carrying of a concealed deadly weapon by the licensee is necessary for personal protection or protection of the person's property, or both, and that the person possesses all the requirements for the issuance of a license and may make like renewal every 5 years thereafter; provided, however, that the Superior Court, upon good cause presented to it, may inquire into the renewal request and deny the same for good cause shown. No requirements in addition to those specified in this paragraph may be imposed for the renewal of a license.

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