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Thread: Delaware town parks

  1. #1
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    I live in a town named Elsmere in delaware, everywhere else in the state you can open carry, including state parks, but this town has signs and in the code it says no firearms in parks, is the town allowed to ban the carry of defense weapons?

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    Great question.

    DE has preemption, but apparently grandfathered in local bans as of the date of preemption. The first question is what is the date of grandfterhing?

    The second question is, what was the date of your local ordinance?

    Can you find these out from your state and local codes?

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    http://www.townofelsmere.com/parksandrec.htmis the full text under letter, J. from what im reading this was adopted into the code on 6-26-1980, does this help? I just dont see how a little town could have laws like this but the state doesnt, state parks dont care about weapons.

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    OK, what does the state preemption statute say?

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    the state pre-emption says,
    The municipal governments shall enact no law, ordinance or regulation prohibiting, restricting or licensing the ownership, transfer, possession or transportation of firearms or components of firearms or ammunition except that the discharge of a firearm may be regulated; provided any law, ordinance or regulation incorporates the justification defenses as found in [Tit. 11, §§ 461-471]. Nothing contained herein shall be construed to invalidate municipal ordinances existing before July 4, 1985, and any ordinance enacted after July 4, 1985, is hereby repealed. , does that mean since they made the law in 1980 that its valid?

  6. #6
    Founder's Club Member - Moderator Gray Peterson's Avatar
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    That would be correct.

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    This has been a great thread!

    John - can you post this link to the DE preemption grandfathering - highlighting the date in 1985 for grandfthering?

    ACTION ITEM: if you live in DE, you need to organize and contact your local gun groups and l;egislators to roll back this grandfathering - DE is still technically may issue - open carry may be residents only option, although non-residents are shall issue as DE accepts FL and several other shall issue states which issue my mail to US Citizens across the world.

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    budda64_99 wrote:
    the state pre-emption says,
    The municipal governments shall enact no law, ordinance or regulation prohibiting, restricting or licensing the ownership, transfer, possession or transportation of firearms or components of firearms or ammunition except that the discharge of a firearm may be regulated; provided any law, ordinance or regulation incorporates the justification defenses as found in [Tit. 11, §§ 461-471]. Nothing contained herein shall be construed to invalidate municipal ordinances existing before July 4, 1985, and any ordinance enacted after July 4, 1985, is hereby repealed. , does that mean since they made the law in 1980 that its valid?
    Budda - what is the link to the preemption la?



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  10. #10
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    they tried to make it shall issue in this legislative session but because brady lives here they held it up and now the session is over, maybe next session in jan well get shall issue :?

  11. #11
    Administrator John Pierce's Avatar
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    Mike wrote:
    This has been a great thread!

    John - can you post this link to the DE preemption grandfathering - highlighting the date in 1985 for grandfthering?
    It has been done.


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