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.
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