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Thread: Delaware OC

  1. #1
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    I live in South Newark technically almost Bear- between Old Pulaski and '40 to be specific. As you know from my previous postsI have my Utah CCW which is "no good", but I stillCCW occaisionally, as the AG says if I have bills coming from Utah I am still considered not a resident even though I have a DE license. But then they also said if I had the license I'm a "resident". They don't know what the hell is going on and I'm sure the LEO's don't know either. I'm scared to OC, I'm 31, and don't have as much as a speeding ticket/never seen a cell. 0 on my record. Sure my first time I'll meet that "super-power" LEO and land in a ton of trouble, lose my good job.

    Let me know your thoughts, let's meet up.

  2. #2
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    Hey wired,

    since you replied to my previous post, you know I’m here. I live in Kent county near Dover. From what I can find out Dover seems to be the only city that has a valid ban on open carry, mind you there might be others but I haven’t found them and my CCW instructor (ex state police) didn’t know of them.

    (Dover)

    Sec. 70-2. Weapons generally.

    (a) Prohibited. It shall be unlawful for any person to have in his possession, carry or use a revolver or pistol of any description, a shotgun or rifle which may be used for the explosion of bullets and cartridges, or any air gun, BB gun, gas-operated gun or spring-operated gun, or any instrument, toy or weapon commonly known as a "peashooter," "slingshot" or "beany," or any bow made for the purpose of throwing or projecting missiles of any kind by any means whatsoever, or any knife, whether that instrument is called by any name set forth above or by any other name.

    (b) License. The weapons prohibited in subsection (a) of this section shall be permitted upon the grant of a license therefor, if required, in the following situations

    I didn’t know that OC was legal till 6 months ago. I am much more aware of my rights now and do like the idea of open carry by am very restricted by my business on my opportunity to open carry. As I said before I will only open carry when it will inconvenience only me if I’m hassled. I carried a couple of places up north and on Friday July 6, 2007, I carried in Milford Wal-mart. The only one to say something was friendly comments by the sales associates selling me a box of 100 .45s. I was carrying my 1911. I assume I will get hassled at some point so I bought a digital recorder to keep in my pocket. On the good side I received my CCW in the mail today so I wont have to be unarmed any more. I will still OC when I can and "fight the good fight" by not relying on my CCW to make the problems go away. For example when I’m OC and if I’m asked for my CCW I’ll say, " In Delaware you don’t need a permit for open carry" and see where it goes. If you’re staying and plan to CC then I would suggest that you get a DE CCW. I know its expensive and time consuming, but I won’t risk a felony to CC.

    § 1442. Carrying a concealed deadly weapon; class G felony; class E felony.



    Although Delaware is a "May issue" state the do have many good laws to protect the gun owner, you can carry open or concealed (with permit) in restaurants and bars, with CCW on school grounds, the laws of using deadly force for protection and defense of others is also good. I’ve seen other discussions on the forum about the legality of using your gun to prevent kidnapping, here it’s a good use

    § 464. Justification -- Use of force in self-protection.

    (c) The use of deadly force is justifiable under this section if the defendant believes that such force is necessary to protect the defendant against death, serious physical injury, kidnapping or sexual intercourse compelled by force or threat.

    §
    465. Justification -- Use of force for the protection of other persons

    2) Under the circumstances as the defendant believes them to be, the person whom the defendant seeks to protect would have been justified in using such protective force; and

    (3) The defendant believes that intervention is necessary for the protection of the other person.

    (b) Although the defendant would have been obliged under § 464 of this title to retreat, to surrender the possession of a thing or to comply with a demand before using force in self-protection, there is no obligation to do so before using force for the protection of another person, unless the defendant knows that the defendant can thereby secure the complete safety of the other person

    I can’t site the legislation but in CCW class was told that if you are cleared by criminal court than that information can be introduced in civil court, effectively making it virtually impossible to be convicted by civil court on a Justified shooting

    Oh, well Dalaware has some good laws and needs to work on others…I really want a full auto MAC 10!! Sigh… Hope you like it here and sorry I got so long winded. If you want you can just pare it down to:

    Ijusam is here, occasionally OCing

  3. #3
    Regular Member dave_in_delaware's Avatar
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    I, too, am very hesitant to OC in DE. I've OC'd on my own property before, but that's the extent of my OC experience here. I live in Wilmington, and wanted to get my CCDW permit, but it's such a PITA and expensive I decided to research the OC laws in DE, and also to talk to the AG Office, and theLEO's from the City, County, and State to get their "take" on OC.

    The AG, New Castle Police, and Wilmington Police said it was "lawful" to OC (although expect some sheeple to call the police). They warned me about having a loaded firearm in the open and becoming the first target to a bad guy, etc. And they all mentioned to get a CCDW and it would be a moot point. But I told them it's my right to OC if it's legal, which it is.

    The State Police, though, have me worried. An anti-gun seargent told me that the Troopers "arrest, they don'tinterpret the law"so it sounds like if a Trooper saw me OC'ing I'd be arrested regardless of the AG saying it's ok.
    Dave
    Co-Founder & Global Moderator
    Delaware Open Carry

  4. #4
    State Researcher dng's Avatar
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    dave_in_delaware wrote:
    I, too, am very hesitant to OC in DE. I've OC'd on my own property before, but that's the extent of my OC experience here. I live in Wilmington, and wanted to get my CCDW permit, but it's such a PITA and expensive I decided to research the OC laws in DE, and also to talk to the AG Office, and theLEO's from the City, County, and State to get their "take" on OC.

    The AG, New Castle Police, and Wilmington Police said it was "lawful" to OC (although expect some sheeple to call the police). They warned me about having a loaded firearm in the open and becoming the first target to a bad guy, etc. And they all mentioned to get a CCDW and it would be a moot point. But I told them it's my right to OC if it's legal, which it is.

    The State Police, though, have me worried. An anti-gun seargent told me that the Troopers "arrest, they don'tinterpret the law"so it sounds like if a Trooper saw me OC'ing I'd be arrested regardless of the AG saying it's ok.
    They are not above the law. That would be wrongful arrest, and I am sure there are several people on here that will have something to say about that.

    Wired, I lived in Elkton, which is right by you, for a while. I had several friends that carried, but I didn't pay much attention because I lived at home and my parents would not let me carry.

    I think it is time for your communist state to see some law abiding citizens carrying. That being said, though, you can expect to have some hassles. You are not from a gun friendly state for sure! (just look at the crime rates!) But good luck and welcome to OC!

  5. #5
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    HeHe, I got married in Elkton. Thats why I'm all the way out here from Utah.

  6. #6
    State Researcher dng's Avatar
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    I feel sorry for you. Not alot going on in Elkton. When are you gonna get back to Utah? Where'd you get married at? (if it's not my business, that's fine,I was just curious)

  7. #7
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    The courthouse in town, I live in Newark, Dethough, not Elkton. My wifes from there so fitting we get married there.

  8. #8
    State Researcher dng's Avatar
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    I was only asking because I went to a church out there and I knew a girl that I believe was dating a guy from Utah, or somewhere out there. I was just wondering if the world was really THAT small!

  9. #9
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    Oh, and returning to Utah hopefully soon, my 3 kids still reside there with my ex. I wish they still had the "Scarlet letter punishment..." :P

  10. #10
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    Wired, OC freely! Just make sure you understand all local ordinances before carrying. Start by emailing the sheriff's of the city for clarifications of all local ordinances, or do the homework yourself.

  11. #11
    State Researcher dng's Avatar
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    steveforopen wrote:
    Wired, OC freely! Just make sure you understand all local ordinances before carrying. Start by emailing the sheriff's of the city for clarifications of all local ordinances, or do the homework yourself.
    Don't ask the sheriff for legal advice. It is not their job to interpret the law.

    The second suggestion from steveforopen is right on. Do the homework yourself, so when you have to defend your beliefs, you are not saying "so and so told me", or "I thought someone told me such and such". Study it for yourself and be sure of what the law is. Don't take someone's word as gospel. People are wrong on a regular basis.

  12. #12
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    dngreer wrote:
    Don't ask the sheriff for legal advice. It is not their job to interpret the law.
    I wasn't suggesting they ask for any legal advice. If one asks for references to local firearm ordinances, then you can be provided with all that you need and most sheriffs, especially from small-towns will not hesitiate to provide you with that information.

  13. #13
    State Researcher dng's Avatar
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    steveforopen wrote:

    Wired, OC freely! Just make sure you understand all local ordinances before carrying. Start by emailing the sheriff's of the city for clarifications of all local ordinances, or do the homework yourself.
    dngreer wrote:
    Don't ask the sheriff for legal advice. It is not their job to interpret the law.
    I wasn't suggesting they ask for any legal advice. If one asks for references to local firearm ordinances, then you can be provided with all that you need and most sheriffs, especially from small-towns will not hesitiate to provide you with that information.
    Asking for references to firearm ordinances and asking for clarification on those ordinances are two different things. I understand "clarification" to mean that you would be asking for them to interpret the ordinances. But if I misunderstood, I apologize.

  14. #14
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    I just sent a letter to the top cops in the DSP, NCCPD and Newark PD. My main reason was to find out how much hassle could be expected from various agencies. I never dive into water without seeing how deep it is first. Newark in particular since they have a new chief who comes fromack, New Jersey!
    Attached Images Attached Images

  15. #15
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    Another Delawarean?

    Welcome, welcome! Good to see another person on the boards from our small state. I'ma hop and a skip from you down in Bear on Route 40. From research folks have done here -- mostly myself and dave_in_delaware, the only concerns that were brought up were from the actual Delaware State Police, a representitive of whom said, "If we see a gun, we'll arrest," if I recall Dave's story.

    Outside of that, what and where do you normally shoot?

  16. #16
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    I usually shoot at Ommelanden or Elk Neck. If I can save up enough, I would like to join Brandywine Hundred. Currently I am competing in PPC. I used to be an IPSC shooter back in the 80s & 90s.

  17. #17
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    Nice!

    I'm down at Ommelanden quite often -- I've only been shooting for a short while, but I'm looking at getting into competition. Brandywine Hundred is a pretty nice club, the safety manager there gave me my CCDW course, but it is a bit pricey and I think the waiting list is at least several months.

    If you're interested in hitting Ommelanden sometime for a meet and greet, drop me a line.

    Regards,
    Rob

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