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Thread: New member here. Please bear with me.

  1. #1
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    New member here. Please bear with me.

    Hello Fellow Delawareans. I am pulling the trigger ( pun intended ) on getting a holster for my revolver so I can 'open Carry'. I went to Millers on DuPont hwy. in New Castle and the fellow had asked me if I had brought it with me. I did not but I had asked him " How can I legally do so" and his response was "To unload it and put it in a box and put it in the trunk" of my car.

    Talk about lending confusion to this subject. I was under the impression that I could have it on my car's dash or on the front seat. I also thought that it could be loaded. I will let you knowledgeable members educate me if you will. Thanks.

  2. #2
    Campaign Veteran marshaul's Avatar
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    I'll admit right off the bat to being ignorant of Delaware's laws on the subject.

    However, many gun stores have a policy (or at least prefer) that customers who bring guns in to be handled bring them unloaded and cased. Furthermore, the issue of bringing the gun from your car to the store may be distinct from the issue of having it in your car. There is some concern that a gun held in hand might be construed as "brandishing", and if there's no holster the alternative is either a case, or concealed carry, which is illegal without a permit in Delaware.

    I'm sure they tell all their customers the same thing. It's not intended to be construed as an opinion of the law, but rather to be a safe suggestion that will never get their customers in legal trouble.

    Also, gun store personnel are frequently surprisingly ignorant of the laws not directly pertaining to operating an FFL.

    I'm sure other members will chime in about what the laws actually are.
    Last edited by marshaul; 08-08-2013 at 02:34 PM.

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    Thank you sir for that insight. This makes sense from that perspective.

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    I am also ignorant of Delaware law. But here in WV if you do not have a CCL, you must disarm, unload and place the gun in plain sight when entering a vehicle.

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    Campaign Veteran skidmark's Avatar
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    Finding Delaware's state laws is really not difficult. Even for someone from somwhere else who still, after all these years, has no real understanding of what a Prothonotary is.

    Here is a good starting place: http://www.handgunlaw.us/states/delaware.pdf Go to Page 5 for a brief explanation of car carry without a license/permit.

    Forget "insight" about anything unless the person giving it can back it up with a citation to some form of authority. And "how/why gun shops do ___" is the worst form of authority of all - gunshop employees, gunshop customers, and people who know how to spell "gun shop" are among the most likely to say the exact opposite of what the law (statute and/or case law) actually is. Marshaul is not quite that bad, but on occassion even he falls into that trap.

    stay safe.
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    Campaign Veteran marshaul's Avatar
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    Quote Originally Posted by skidmark View Post
    Finding Delaware's state laws is really not difficult. Even for someone from somwhere else who still, after all these years, has no real understanding of what a Prothonotary is.

    Here is a good starting place: http://www.handgunlaw.us/states/delaware.pdf Go to Page 5 for a brief explanation of car carry without a license/permit.

    Forget "insight" about anything unless the person giving it can back it up with a citation to some form of authority. And "how/why gun shops do ___" is the worst form of authority of all - gunshop employees, gunshop customers, and people who know how to spell "gun shop" are among the most likely to say the exact opposite of what the law (statute and/or case law) actually is. Marshaul is not quite that bad, but on occassion even he falls into that trap.

    stay safe.
    Well, someone woke up on the wrong side of the bed!

    Pretty much all I said was that gun shop employees frequently don't know the law, and anything they say should be taken with a grain of salt.

    Perhaps I could have taken the time to research the laws in Delaware, but then I'd deprive you the opportunity.

  7. #7
    Campaign Veteran ak56's Avatar
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    Quote Originally Posted by skidmark View Post
    Finding Delaware's state laws is really not difficult. Even for someone from somwhere else who still, after all these years, has no real understanding of what a Prothonotary is...

    ...stay safe.
    I think it's one of these.

    No right is held more sacred, or is more carefully guarded, by the common law than the right of every individual to the possession and control of his own person, free from all restraint or interference of others, unless by clear and unquestionable authority of law. Union Pacific Rail Co. vs Botsford as quoted in Terry v Ohio.


    Talk to your cats about catnip - before it's too late.

  8. #8
    Regular Member mdak06's Avatar
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    Hi Don! I live in Sussex County, DE. A few comments:

    First off, I can tell you that nearly everything I have heard about Miller's shop is bad. I would not recommend going there.

    Second, there is a site specifically dedicated to open carry in Delaware -- http://www.deloc.org -- that you may be interested in visiting. There's information about DE laws, experiences, etc. It's definitely worth a visit.

    As far as your specific question, from what I've read, the proper thing to do is to carry it displayed (as you said) on the car's dashboard or in the front passenger seat. It should NOT be holstered on your side while you're in the car unless you have a concealed carry permit, because it's not in plain view there.

    My suggestion would be to secure it some way either on the passenger's seat or on the dashboard so that if you have to brake hard for any reason it doesn't go sliding around. Do NOT secure it under the dash or under the steering wheel, since that would essentially be concealed.

    You could possibly have an additional holster that is attached to a seat belt, and that might work. Whatever you do, if you have it with you in the front of the car it should be easy to see.

    Also, FYI, handguns can be loaded in the car. Rifles/shotguns cannot.

    Hope this helps!

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