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Thread: Comprehensive Listing?

  1. #1
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    Greetings, folks.

    New to the forums here and a Bear resident, employed in Wilmington. I understand it is not permissible, under any circumstances, to carry in Dover, but I'm wondering if it's possible for us to work on researching where it is legal to open/concealed carry within our state.

    I'm also curious about laws pertaining to open carry in vehicles.

  2. #2
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    Dovers code

    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:

    (1)On owner's property. Possession within the possessor's own domicile or business.

    (2)Other license or permit. Possession, carrying or use in conformity with a license issued by the state for that weapon or a permit issued by the chief of police.

    (3)Shooting ranges. Possession or use at licensed shooting galleries or ranges when the instrument can be fired, discharged or operated in a manner that shall not endanger persons or property, and also in a manner that shall prevent the projectile from traversing any grounds or space outside the limits of the gallery or range.

    (4)Unloaded and cased. Carrying of any type of gun whatsoever, when unloaded and properly cased, to or from any licensed gallery or range or to or from an area where hunting is allowed by law. This subsection shall not limit the permitted carrying of guns allowed by subsection (b)(5) of this section.

    (5)Officers. Carrying, wearing, possessing and using, by United States marshals, sheriffs, constables and their deputies, and any regular, special or ex officio police officer, or any other law enforcement officer while on duty, or as shall be necessary in the proper discharge of their duties.

    (6)State license. Possession, carrying or use in conformity with a license issued by the state for that purpose in areas approved by the chief of police, and only then when used in such a manner that shall not endanger persons or property.

    (7)Defense. Persons exercising their legal right of self-defense or defense of property or others.

    (c)Discharge. It shall be unlawful for any person to discharge any gun, pistol, revolver or other firearm within the city, except lawfully pursuant to subsections (b)(2), (3) and (5)--(7) of this section, and those persons excepted by law.


    I CC in Dover all the time now that I have my CCDW. while there might be some other town of city that has legal ban on open carry, I don't know of them. I,ve looked through online code for Newark, Wilmington, Camden, Middletown, and Milford without finding anything. open carry is good statewide but not common, expect to be hasseled particularily by local LEs. open carry is legal in a vehicle, must be in plain site.
    as always, verify for yourself. this may help.
    http://www.ipa.udel.edu/directory/links/muni-sites.asp

  3. #3
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    Thanks! Good to know you can CC in Dover with a permit. As for carrying in a vehicle, does having your firearm in your holster count as 'in plain view' or are you pretty much restricted to having it on the passenger seat?

    Reading the other posts here, someone indicated that it's illegal to Open Carry in Wilmington which is what I'm primarily concerned about since it's where I work. Thanks for the link, I'll be sure to check, but my legalesse -> laymans is a bit rough.

  4. #4
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    from Wilmington:

    DIVISION 2. WEAPONS AND RELATED OFFENSES*
    __________


    *State law references: Weapons generally, 11 Del. C. § 1441 et seq.; limitations of municipal regulation of firearms, 22 Del. C. § 111.

    Sec. 36-158. Certain firearms prohibited.

    (a)The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

    (1)Converted starter pistol means a starter pistol which has been altered to fire a projectile with sufficient force to cause death or physical injury.

    (2)Short-barreled rifle means a rifle having one or more barrels less than 16 inches in length and any weapon made from a rifle, whether by alteration, modification or otherwise, if such weapon, as modified, has an overall length of less than 26 inches.

    (3)Smooth-bore shot revolver means a revolver with a smooth-bore having been reamed out so that it can be used to fire shot-shell.

    (4)Zip gun means any weapon or instrument not originally designed to be a firearm which has been made or altered to discharge a projectile with sufficient force to cause death or physical injury.

    (b)It shall be unlawful for any person to manufacture, make, deliver, transport, trade, give, sell or possess a smooth-bore shot revolver, short-barreled rifle, zip gun, or converted starter pistol.

    (c)Any law enforcement officer while performing his lawful duties within the city shall be exempted from the effect of this section. For purposes of this section, the term "law enforcement officer" includes police officers, the attorney general, the attorney general's deputies and investigators, the sheriff, and the sheriff's deputies, prison guards, constables and bailiffs.

    (d)A conviction of violation of this section shall be punishable by a fine of not less than $500.00 and not more than $2,500.00 or by both such fine and imprisonment not exceeding six months. The minimum sentence of a $500.00 fine shall not be subject to suspension or reduction for any reason.

    (Code 1968, § 39-19.1; Ord. No. 92-053(sub 1), § 26(j)(1)--(j)(3), 7-2-92)

    State law references: Possession of destructive weapon, 11 Del. C. § 1444; unlawfully dealing with a dangerous weapon, 11 Del. C. § 1445; dealers in deadly weapons, 24 Del. C. § 901 et seq.

    Sec. 36-161. Stun guns, etc.

    (a)It shall be unlawful for any person to manufacture, make, deliver, transport, trade, give, sell, or possess a converted tear gas gun, stun gun or taser gun.

    Sec. 36-162. Discharge of firearms on street, etc.

    (a)Whoever, except in lawful self-defense, and notwithstanding intent or lack of intent, discharges any firearm on any public street, sidewalk, alley, roadway or other public place within the city, or in any nonpublic place, if such discharge results in a projectile entering into, over or upon a public place, shall be guilty of a misdemeanor.

    (b)Any person convicted of such an offense shall upon conviction be fined up to $2,300.00 for an individual or $5,750.00 for a corporation, and be required to make restitution or meet other conditions deemed appropriate in accordance with the provisions of 11 Del. C. §§ 4206 and 4208 and, in the discretion of the court, may be imprisoned for not more than one year.


    handguns not in the prohibited section, but dont hane a tazer, also watch the ND... it has a hefty fine

  5. #5
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  6. #6
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    Brilliant! I'm very new to the world of firearms in general -- in fact, my firstgun is in the process of being shipped to an FFL here in Delaware, so I'm still trying to decide on whether or not to OC.

  7. #7
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    Welcome!

    Question: oc vs. cc or oc vs. no carry?

  8. #8
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    ijusam wrote:
    Welcome!

    Question: oc vs. cc or oc vs. no carry?
    Thanks! OV vs. No Carry -- since I'm still waiting on my first firearm, I've yet to complete the requirements to get my CCDW from the state.

  9. #9
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    If you read my post "newbie" you'll see that Delaware isn't as easy as other states. I cant open carry much but I did start carrying in my car and installed a small lock box to secure it as soon as I found out it was legal. now I feel like I'm missing something if I'm out and don't have it. (very rare after I got hte permit)

  10. #10
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    Yeah, being somewhat obsessive about my activities, I've spent the past several weeks on forums and boards reading mostly about maintainance and posture and whatnot. More recently, its been about carry and transport laws -- while time consuming (and a bit costly), I don't see it being too cumbersome... 5 character witnesses, finger printing/background check, newspaper ad, photos for the permit... Then again, I'm not too familliar with other states' laws, which I'm also trying to get the skinny on PA and MD laws since I'm right there on the border.

  11. #11
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    From Newark:



    CHAPTER 31 WEAPONS1


    __________

    1 Cross reference--As to police offenses generally, see Ch. 22.

    State law references: As to weapons generally, see 11 Del. Code Anno. §§ 451 et seq. (1953); 24 Del. Code Anno. §§ 401 et seq. (1953).

    __________


    Sec. 31-1. Discharging firearms prohibited; law enforcement agencies excepted.2

    __________

    2 State law reference--As to prohibition against discharge of weapons in streets and public places, see 16 Del. Code Anno. § 6902 (1953).

    __________


    No person who is not a member of a law enforcement agency acting in the regular course of duty shall discharge any firearm within the limits of the city.

    (Code 1959, Ch. 5, § 701)

    Sec. 31-2. Sale or possession of switch-blade knives prohibited.3

    __________

    3 State law reference--As to possession and sale of switch blade knives, see 11 Del. Code Anno. § 468 (1953).

    __________


    No person shall, within the city, sell, offer for sale, or have in his possession any knife or knives having the appearance of a pocket knife, the blade or blades of which can be opened by a flick of a button, pressure on the handle, or other mechanical device.

    (Code 1959, Ch. 5, § 702)

    Sec. 31-3. Carrying concealed weapons; display of weapon.4

    __________

    4 State law reference--As to carrying concealed deadly weapons, see 11 Del. Code Anno. § 461 (1953).

    Decisional law reference--As to definition of "deadly weapons", see State v. Jones, 22 Del. 174 (1906). As to burden of proving license for concealed weapon, see State v. Sockum, 29 Del. 350 (1917).

    __________


    No person shall, within the city, carry, wear under his clothes, conceal about his person, or display in a threatening manner, any dangerous or deadly weapons, including, but not by way of limitation, any pistol, revolver, dagger, razor, sling shot, knuckles of lead or brass or other metal, any bowie knife or any knife resembling a bowie knife, or any knife with a switch blade or device whereby the blade or blades can be opened by a flick of a button, pressure on the handle, or other mechanical contrivance.

    (Code 1959, Ch. 5, § 703)

    Sec. 31-4. Police authority to search persons suspected of concealing deadly weapon; confiscate switchblades.

    (a)Any policeman or peace officer may make a search of any person who is suspected of having concealed upon his person a deadly weapon. Such search of a person so suspected shall be conducted in such fashion as to determine solely the presence of such a weapon.

    (Code 1959, Ch. 5, § 703)

    (b)Any police officer may seize, remove, and confiscate any knife where the blade thereof is released by a spring mechanism, including knives commonly known as "switchblades".

    (Code 1959, Ch. 5, § 702)


    -----------------

    "No person shall, within the city, carry, wear under his clothes, conceal about his person, or display in a threatening manner, any dangerous or deadly weapons, including, but not by way of limitation, any pistol, revolver..."

    Does that mean no open carry in Newark?

  12. #12
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    Sec. 31-3. Carrying concealed weapons; display of weapon.4

    __________

    4 State law reference--As to carrying concealed deadly weapons, see 11 Del. Code Anno. § 461 (1953).

    Decisional law reference--As to definition of "deadly weapons", see State v. Jones, 22 Del. 174 (1906). As to burden of proving license for concealed weapon, see State v. Sockum, 29 Del. 350 (1917).

    __________


    No person shall, within the city, carry, wear under his clothes, conceal about his person, or display in a threatening manner, any dangerous or deadly weapons, including, but not by way of limitation, any pistol, revolver, dagger, razor, sling shot, knuckles of lead or brass or other metal, any bowie knife or any knife resembling a bowie knife, or any knife with a switch blade or device whereby the blade or blades can be opened by a flick of a button, pressure on the handle, or other mechanical contrivance.

    (Code 1959, Ch. 5, § 703)

    IANAL but this is all under the heading of: carrying concealed weapons and display of weapons. in the city you can't carry a concealed deadly weapon, that is: you cant wear it under your clothes, and you can't conceal it about your person.
    second part: you can't display in a threatening manner any dangerous or deadly weapons...

    this dosen't pertain to open carry. I had to look long and hard to understand why budda64_99 wasn't charged with this.
    good luck.

  13. #13
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    It's easily missed in there, definitely...

    I'd love to get something along the lines of the PA brochure that's out there written up as a pocket guide... My scatterbrain always winds up asking the same questions a few weeks after I've figured out an answer. ;p

  14. #14
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    From http://attorneygeneral.delaware.gov/...ws/gunfree.htm

    LAW: ON GUN FREE SCHOOL ZONE
    18 USC 922(q)(1) Federal Gun-Free School Zones

    (2)(A) It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone.
    (B) Subparagraph (A) does not apply to the possession of a firearm--


    (i) on private property not part of school grounds;
    (ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;
    (iii) that is--


    (I) not loaded; and
    (II) in a locked container, or a locked firearms rack that is on a motor vehicle;
    (iv) by an individual for use in a program approved by a school in the school zone;
    (v) by an individual in accordance with a contract entered into between a school in the school zone
    and the individual or an employer of the individual;
    (vi) by a law enforcement officer acting in his or her official capacity; or
    (vii) that is unloaded and is possessed by an individual while traversing school premises for the purpose of gaining access to public or private lands open to hunting, if the entry on school premises is authorized by school authorities.
    (3)(A) Except as provided in subparagraph (B), it shall be unlawful for any person, knowingly or with reckless disregard for the safety of another, to discharge or attempt to discharge a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the person knows is a school zone.
    (B) Subparagraph (A) does not apply to the discharge of a firearm--


    (i) on private property not part of school grounds;
    (ii) as part of a program approved by a school in the school zone, by an individual who is
    participating in the program;
    (iii) by an individual in accordance with a contract entered into between a school in a school zone and the individual or an employer of the individual; or
    (iv) by a law enforcement officer acting in his or her official capacity.
    (4) Nothing in this subsection shall be construed as preempting or preventing a State or local government from enacting a statute establishing gun free school zones as provided in this subsection.

  15. #15
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    This link leads to one of the most comprehensive picking of state laws that I've found to date:

    http://www.lcav.org/states/delaware.asp

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