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Thread: Letter to Police

  1. #1
    State Researcher
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    Since I do a bit of journalism on the side, I thought this would make a very interesting piece to research for publication. So, I decided to write a letter to the NCCPD and the DSP to get official stances -- here is the email I sent to the two police departments (modified slightly for DSP; below is for NCCPD):

    Dear Mr. Gregory,

    I am a resident of New Castle County. I'm currently performing research for an article on the matter of the open carrying of firearms in Delaware; more specifically, New Castle County. I'd be most appreciative if you might be able to take the
    time to answer a few questions:

    1) From your personal experience, how common is open carry in New Castle County?

    2) Have any training bulletins regarding this specific topic been
    covered in recent department history?

    3) What is the offical stance of the NCCPD on citizens open carrying?

    4) If you'd like, what is your personal opinion on citizens open carrying?

    5) What might a citizen expect if an officer observed them open carrying?

    I thank you for taking the time to answer my questions.
    [/quote]
    I probably would've gotten a more candid response if I had done this asa private citizen asking what *I* would expect, so hopefully it won't be mucked up too much for print.



  2. #2
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    Quick response from the chief:

    Mr. Wiltbank,

    This will acknowledge receipt of your email. I am asking Captain Mark
    Hitch to respond to your questions on behalf of New castle County.

    Sincerely,


    Rick Gregory
    Chief
    New Castle County Police Department
    We'll see how long the captain takes.

  3. #3
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    So, Captain Hitch replied and asked me to call which I did... I'll do my best to sum up out conversation.

    1) He replied that his officers will enforce 'the letter of the law', saying that the code that covered the carrying of firearms was found in section 1441. I reminded him that 1441 covers the carrying of concealed firearms.

    2) He then basically said that it would be dependant upon the situaion: circumstances, how the person was acting when the officer arrived on the scene, what the person who filed the report had claimed.

    3) Regarding training, he said that they 'can't really train for a law that doesn't exist'... Which struck me as a bit odd, but I suppose the general uncommonality of people not open carrying in Delaware has made this a non-issue for the most part.

    4) He also suggested I contact the AG's office to get more specifics at to what charges could potentially be filed, but all in all, it came off that he seemed rather... annoyed to be speaking on the subject.

    I believe someone has already contacted the AG's office before, but I'll most likely drop them a letter myself, if not for the purpose of accumulating more research material.

  4. #4
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    Wynder wrote:
    ....3) Regarding training, he said that they 'can't really train for a law that doesn't exist'...
    Then I would say by this answer, they should not bother anyone OC'ing because you could not be charged with anything.

    He admittednolaw exists prohibiting OC, therefore itmust belegal.

  5. #5
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    SP101 wrote:
    Wynder wrote:
    ....3) Regarding training, he said that they 'can't really train for a law that doesn't exist'...
    Then I would say by this answer, they should not bother anyone OC'ing because you could not be charged with anything.

    He admittednolaw exists prohibiting OC, therefore itmust belegal.
    Well, if they get a call, of course they'll probably check it out. My concern is more with the uneducated police officer.

    I work with a retired county police officer of some disinguish and asked him if he'd stop someone he saw open carrying. He said, 'Oh definitely... check to make sure the gun is actually theirs and make sure they're not a fellon.' I said, 'But you couldn't hold them?' He just said, "Disorderly conduct."

    Looking at the legal description of disorderly conduct, I don't see anything in there specifically relating to a peaceful, law abiding citizen not wanting to be detained for exercising his 2nd Amendment rights.

  6. #6
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    "Disorderly Conduct" is a common BS charge that they use to cover any situation when they couldn't charge you with something else.... sure it only covers sleeping in other people's cars without permission and screaming obcenities, but somehow they manage to twist it to charge you with something if you wink at them wrong. I was on the recieving end of a "disorderly conduct" charge a while back for CCing... basically my friend holstered a gun in front of a convenience store (it was guilty by association... even though his actions were 100% lawful - and no, it couldn't be construed as brandishing) and that snowballed to the entire dept. showing up and lots of crap and violations of civil rights etc.

    Of course I got off, but I couldn't risk defending myself (broke) so dad pulled some strings so I could pay back one of his lawyer friends... the judge chewed out the city attorney for daring to prosecute with NO evidence of illegal behavior. :celebrate I should have, but didn't file a civil suit. Too late now.

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