If you own an American Bully in Delaware — or are planning to move there with one — you are in one of the more breed-friendly states in the country. Delaware has taken a firm legal stance against breed-based discrimination, meaning your dog cannot be singled out, restricted, or banned simply because of how it looks or what breed it is.
That does not mean there are no rules. Delaware still holds every dog owner to a clear set of behavior-based standards, and the consequences for falling short can be significant. This guide walks you through every layer of the law that applies to your American Bully in Delaware, from statewide protections to local ordinances, housing considerations, and what to do if your dog is ever targeted.
Is the American Bully Recognized as a Separate Breed Under Delaware Law
Delaware state law does not recognize or list specific dog breeds by name for the purpose of regulation or restriction. The American Bully (Canis lupus familiaris) is a purpose-bred companion dog developed in the United States during the 1980s and 1990s from American Pit Bull Terrier and American Staffordshire Terrier lines, among others. Despite being registered as a distinct breed by the American Bully Kennel Club (ABKC) and the United Kennel Club (UKC), it has no special legal status — positive or negative — under Delaware statute.
This matters because Delaware’s dangerous dog framework is built entirely around individual behavior, not breed identity. Whether animal control classifies your dog as an American Bully, an XL Bully, or simply a “bully-type” dog has no bearing on its legal standing in the state. What matters is what the dog has done, not what it is.
If you want a deeper look at how the American Bully’s lineage affects how it is perceived under breed-focused laws in other states, the article on what breeds make an American Bully provides useful context on the breed’s origins and classification challenges.
Key Insight: Because Delaware law does not name specific breeds, your American Bully is treated the same as any other dog under state statute — judged by its behavior, not its appearance.
Does Delaware Have Breed-Specific Legislation (BSL)
Delaware does not have breed-specific legislation, and it actively prohibits it. On June 2, 2017, Delaware Governor John Carney signed House Bill 13, which protects the rights of responsible dog owners by prohibiting any dog from being declared “potentially dangerous” or “dangerous” under state law simply based on the dog’s breed.
House Bill 13 also prohibits municipalities from enacting laws or regulations based on a dog’s breed. That means no city, county, or town in Delaware can legally single out pit bulls — or any other breed — for special restrictions or bans. The American Bully falls squarely within this protection.
The bill provides statewide consistency in the law that protects the public from dangerous dogs and clarifies that dogs may not be held potentially dangerous or dangerous for animal control enforcement or for purposes of criminal liability based solely on breed-specific criteria. Findings to deem a dog dangerous will be based on actions of the dog, or an individualized demonstration of vicious behavior.
For comparison, you can see how other states handle this issue in the guides on American Bully laws in Texas, American Bully laws in Michigan, and American Bully laws in California.
Local and County-Level Bully Breed Restrictions in Delaware
Because of House Bill 13, no city or county in Delaware can pass or enforce breed-specific ordinances. Municipal governments shall enact no law, ordinance, or regulation relating to dogs, or restrictions on dogs, based on a dog’s breed or perceived breed. This language, codified under Title 22 of the Delaware Code, applies uniformly across the state.
No dog in Delaware can be declared potentially dangerous or dangerous based solely on its breed or perceived breed. This means there are no pit bull bans, Rottweiler restrictions, or other breed-based rules anywhere in the state. Your American Bully is legally protected from breed-targeted enforcement whether you live in Wilmington, Dover, Newark, or any other municipality.
This is a meaningful distinction from many other states, where BSL is enacted at the city or county level even when state law is silent on the issue. Breed-specific legislation is typically enacted at the county or municipal level in states that permit it — but Delaware has closed that door entirely.
That said, local governments can still regulate dog behavior in ways that apply to all breeds equally — such as leash requirements, noise ordinances, and confinement rules. For a full picture of how these apply in Delaware, see the guide on dog leash laws in Delaware and leash laws in Delaware.
Important Note: While no local government in Delaware can ban or restrict your American Bully by breed, they can and do enforce behavior-based rules that apply to every dog equally. Knowing those local rules is still essential.
Insurance, Housing, and Landlord Restrictions on Bully Breeds in Delaware
State law may protect your American Bully from government breed bans, but private parties — landlords and insurance companies — operate under a different set of rules. Private contracts are not subject to the same anti-BSL protections that apply to municipal governments, which means breed restrictions in leases and insurance policies remain legally enforceable in Delaware.
Homeowners and Renters Insurance
Many insurance carriers maintain internal breed exclusion lists that include bully-type dogs, regardless of the state’s legal stance on BSL. If your homeowners or renters insurance policy excludes your American Bully, a bite or injury claim involving your dog may be denied. Before purchasing a policy, confirm in writing whether your specific dog is covered. Some specialty insurers and umbrella liability policies do provide coverage for bully breeds without exclusions.
Landlord and Rental Housing Restrictions
Landlords in Delaware are permitted to set their own pet policies, including breed restrictions, in lease agreements. A landlord can legally prohibit bully breeds on their property even though state law bans government-imposed breed discrimination. If you rent, review your lease carefully before bringing an American Bully home. Violating a breed restriction clause can result in lease termination.
Landlords in Delaware may face liability for dog bite injuries caused by a tenant’s dog, but only under limited circumstances. A landlord is not automatically liable just because a tenant’s dog bites someone on the property. A landlord may be held liable if the landlord knew the tenant’s dog was dangerous, had the legal authority to remove the dog, and failed to take reasonable steps to address the danger. This is one reason some landlords choose to restrict certain breeds preemptively.
If you are searching for pet-friendly housing in Delaware, be transparent with prospective landlords about your dog’s breed and size. Bringing documentation of training, vaccination records, and canine good citizen certifications can help make the case for your dog’s temperament.
“Dangerous Dog” Classification and What It Means in Delaware
Even though Delaware prohibits breed-based classifications, it does maintain a structured system for identifying individual dogs that pose a genuine public safety risk. Understanding this system is important for every American Bully owner, because a behavioral incident — not your dog’s breed — is what can trigger legal consequences.
The Justice of the Peace Court may declare a dog to be potentially dangerous if it finds by clear and convincing evidence that the dog has attacked or inflicted physical injury upon a human being; attacked or inflicted serious physical injury upon a domestic animal on the property of its owner or under the owner’s immediate control; chased or pursued a person in an apparent attitude of attack on two separate occasions within a 12-month period; or caused physical injury to a domestic animal on more than one occasion in a 12-month period.
The Justice of the Peace Court may declare a dog to be dangerous if it finds by clear and convincing evidence that the dog has killed or inflicted serious physical injury upon a human being, or killed or inflicted serious physical injury upon a domestic animal that was on the property of its owner or under the immediate control of its owner.
No dog shall be considered dangerous or potentially dangerous if a person was, at the time the injury was sustained, committing criminal trespass or other tort upon premises occupied by the owner of the dog, or was teasing, tormenting, abusing or assaulting the dog, or was committing or attempting to commit a crime.
A “dangerous” designation carries more severe consequences than a “potentially dangerous” one, and both are determined through a formal court process — not by animal control alone. The Animal Legal and Historical Center’s summary of Delaware’s dangerous dog laws provides the full statutory text for reference.
For related context on how Delaware handles similar issues for other breeds, see the guides on pit bull laws in Delaware and Rottweiler laws in Delaware.
Requirements for Owning a Bully Breed Under Local Ordinances in Delaware
Because Delaware prohibits breed-specific ordinances, there are no special requirements that apply exclusively to American Bully owners. However, all dog owners in Delaware — regardless of breed — must comply with a standard set of statewide and local obligations.
- Licensing: The Department shall issue dog licenses, and the owner of any dog six months of age or older shall apply for an individual dog owner license for that dog. Licensing requirements apply to all breeds equally.
- Rabies vaccination: Delaware law requires dogs to be vaccinated against rabies. Keep vaccination records current and accessible.
- Confinement: Dogs must be securely confined on the owner’s property. Dogs found running at large may be impounded under 16 Del. C. § 3054F.
- Leash compliance: Many Delaware municipalities require dogs to be leashed in public areas. Check your local ordinances for specific rules.
- Microchipping: Legislation signed in August 2024 expanded the requirements for keeping or maintaining a dangerous or potentially dangerous dog to include provisions related to licensing, vaccination, microchipping, and leashing. While microchipping is specifically mandated for dogs with a dangerous designation, it is strongly recommended for all bully breed owners as a best practice.
If your dog has been declared potentially dangerous by a court, additional requirements apply. It shall be unlawful for any person to keep or maintain the dog unless the dog is spayed or neutered (if ordered by the court), and while on the dog owner’s property, the dog is kept indoors or within a securely fenced yard from which it cannot escape.
For more on general animal ownership rules in Delaware, the guides on pet vaccination laws in Delaware and kennel zoning laws in Delaware cover related obligations that may apply to your property.
Pro Tip: Even though no breed-specific requirements apply to American Bullies in Delaware, staying current on licensing, vaccination, and secure containment protects you legally if your dog is ever involved in an incident.
What to Do If Your Bully Breed Is Targeted Under a Local Ordinance in Delaware
Although Delaware law is clear that breed-specific ordinances are prohibited, enforcement errors can still occur. Animal control officers may misidentify a dog’s breed, a neighbor may file a complaint based on appearance alone, or an older ordinance that predates House Bill 13 may surface in a smaller municipality. Knowing your rights and how to respond calmly and effectively is essential.
Step 1: Document Everything Immediately
If your dog is cited, threatened with seizure, or subject to a complaint based on breed, write down every detail — date, time, officer name, badge number, and the specific reason given. Request a copy of any written citation or notice in writing.
Step 2: Know the Controlling Law
House Bill 13 provides statewide consistency in the law that protects the public from dangerous dogs and clarifies that dogs may not be held potentially dangerous or dangerous for animal control enforcement or for purposes of criminal liability based solely on breed-specific criteria. Findings to deem a dog dangerous will be based on actions of the dog, or an individualized demonstration of vicious behavior. It also prohibits municipalities from enacting breed-specific ordinances or regulations. Cite this law directly — Title 22, § 116 of the Delaware Code — when responding to any breed-based enforcement action.
Step 3: Request a Hearing
Delaware’s dangerous dog process runs through the Justice of the Peace Court. If your dog is seized or formally designated as dangerous or potentially dangerous, you have the right to a hearing. Delaware’s dangerous dog statutes include mandatory seizure provisions for dogs that have chased or pursued persons on bicycles twice in a twelve-month period, or those that have killed or inflicted serious injury on people or other domestic animals. Outside of those specific triggers, a court must find clear and convincing evidence before any designation is made.
Step 4: Contact an Animal Law Attorney
If you believe your American Bully is being targeted based on breed alone — in violation of state law — consult an attorney who handles animal law cases in Delaware. Organizations like the Animal Legal and Historical Center maintain resources on Delaware’s statutes that can support your case. You can also contact local animal advocacy groups for referrals.
Step 5: Build a Behavioral Record
The strongest defense against any dangerous dog complaint — whether breed-based or behavior-based — is a documented history of responsible ownership. Keep records of obedience training, veterinary visits, vaccinations, and any canine good citizen certifications. Regardless of how well trained or how nice your dog might be, if you live or travel to an area with a bully breed restriction, your dog could be impacted — so being prepared matters even in a protective state like Delaware.
For additional context on how Delaware handles other animal-related legal questions, you may also find the guides on neighbor’s cat in your yard laws in Delaware and goat ownership laws in Delaware useful for understanding the broader framework of animal law in the state.
Delaware’s approach to American Bully ownership is straightforward: your dog’s behavior is what the law watches, not its breed. Stay current on your licensing and vaccination obligations, keep your dog securely contained, and know your rights under House Bill 13. That combination gives you a solid legal foundation as an American Bully owner in the First State.