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Thread: How Can I legally transport pistol?

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    Hi I have been searching online for the past couple weeks but i can't find an answer. I want to know how can i legally transport a pistol without having it on me (unloaded in a case)? Could some direct me to the legal code or law that describes this?

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    Regular Member sccrref's Avatar
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    Here is what used to be on Packing.org. The codes might give you a starting point. Also, I am not sure if this is current.

    Car/Gun law summary

    Date updated: Jul 28, 2005 @ 6:36 pm

    See Carry Without a Permit Section.

    Federal Law on the Transportation of Firearms. Title 18 U.S.C. Section 926A

    Carrying without a Permit/License

    Date updated: Aug 27, 2005 @ 1:54 pm

    Title 11: Part I: Chpt. 5: SubChpt: 7 § 1442.
    Carrying a concealed deadly weapon; class G felony; class E felony.


    A person is guilty of carrying a concealed deadly weapon when the person carries concealed a deadly weapon upon or about the person without a license to do so as provided by § 1441 of this title.

    Carrying a concealed deadly weapon is a class G felony, unless the accused has been convicted within the previous 5 years of the same offense, in which case it is a class E felony.

    (11 Del. C. 1953, § 1442; 58 Del. Laws, c. 497, § 1; 59 Del. Laws, c. 547, § 13; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.)



    Peaceable journey law summary

    Date updated: Jul 28, 2005 @ 6:37 pm

    There is No type of Peaceable Carry Law in Delaware.

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    What I have been doing for that past 2 years is the following. I will put the pistol/firearms in the trunk of my car and all ammo and magazines(loaded or unloaded) in the cabin of the vehicle. Just make sure that the 2 seperate components are not within easy reach of you or anyone else in the vehicle. Until you have a CCW permit it is better to be safe than sorry. The last thing I want is to get pulled over on the way to the range and arrested for a felony because I had a loaded gun in the car. I know I didnt provide any laws to back this up. I will try to find them and post up.

    Edit-looks like someone already got to it...

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    Thanks guys. The reason i asked is because i got stopped inbetween my girlfriends house and my vehicle. They saw the guncase and arrested me for carrying a concealed deadly weapon. It was unloaded ofcourse. But i cant find any laws about it.

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    1. Stop talking about it on here.

    2. Get a lawyer today.

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    dendaman wrote:
    Thanks guys. The reason i asked is because i got stopped inbetween my girlfriends house and my vehicle. They saw the guncase and arrested me for carrying a concealed deadly weapon. It was unloaded ofcourse. But i cant find any laws about it.

    Ok, DE isa strange, almost a catch-22 State...

    When I go to the range and am NOT OCing, I'll have my gun (and the mags) IN the case and the ammo still in its box, and everything in my backpack in my trunk. As far as I know, that's a perfectly legal way to transport guns and ammo in DE. Having the gun beyond arms-reach while driving is key...

    But on the other hand, I was told by the AG's office that OC is perfectly lawfulin DE (in most places), but if I'm in my car then it has to be on the seat next to me so it's NOT concealed (i.e. easily visible to an officer if you're stopped - if it's still in the holster an officer wouldn't see it). So, it's visible AND within arm's reach.

    Hmmm.... sounds like you've found the in-between murky water situation, and you weren't even IN your car! :shock:

    It probably depended partly onwhat type of officer saw it, what sort of day he was having, and how badly he wanted to arrest you.



    +1 on getting a lawyer. They can interpret the law. Cops can't (and don't).

    Dave
    Co-Founder & Global Moderator
    Delaware Open Carry

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    TITLE 11
    [size=Crimes and Criminal Procedure]
    [size=Delaware][size= Criminal Code]
    CHAPTER 2. GENERAL PROVISIONS CONCERNING OFFENSES
    § 222. General definitions…



    (5) "Deadly weapon" includes a firearm, as defined in paragraph (11) of this section, a bomb,….

    (11) "Firearm" includes any weapon from which a shot, projectile or other object may be discharged by force of combustion, explosive, gas and/or mechanical means, whether operable or inoperable, loaded or unloaded. It does not include a BB gun.

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

    A person is guilty of carrying a concealed deadly weapon when the person carries concealed a deadly weapon upon or about the person without a license to do so as provided by § 1441 of this title.

    Carrying a concealed deadly weapon is a class G felony, unless the accused has been convicted within the previous 5 years of the same offense, in which case it is a class E felony

    The Delaware Division of Fish and Wildlife’s Ommelanden Range and Hunter Education Training Center (
    the DE division of Fish and Wildlife must promote felonies as to enter the pistol range your gun must be in a case)



    What a travesty! We must all open carry then! At least that’s legal everywhere but Dover.

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    bms429 wrote:
    What I have been doing for that past 2 years is the following. I will put the pistol/firearms in the trunk of my car and all ammo and magazines(loaded or unloaded) in the cabin of the vehicle. Just make sure that the 2 seperate components are not within easy reach of you or anyone else in the vehicle. Until you have a CCW permit it is better to be safe than sorry. The last thing I want is to get pulled over on the way to the range and arrested for a felony because I had a loaded gun in the car. I know I didnt provide any laws to back this up. I will try to find them and post up.

    Edit-looks like someone already got to it...
    Do you even have to do all this? As long as the guns are cased and not accessable to you can't they be in that case along with ammo, loaded/unloaded mags etc.?

    I'd consider just throwing my pistol on the front seat or up on the dash, but I really don't feel like being arrested by a cop who doesn't know the law.




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    Regular Member dave_in_delaware's Avatar
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    And most cops don't know the law. Like I was told by a DSP Trooper during a telephone conversation regarding open carry:

    "We arrest. We don't interpret the law."

    So if an LEO thinks you're breaking the law, he'll arrest you, whether you truly are breaking the law or not.
    Dave
    Co-Founder & Global Moderator
    Delaware Open Carry

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    dendaman wrote:
    Hi I have been searching online for the past couple weeks but i can't find an answer. I want to know how can i legally transport a pistol without having it on me (unloaded in a case)? Could some direct me to the legal code or law that describes this?
    In Delaware, you can technically open carry in the car, as long as it's in plain view to anyone on the outside looking in (e.g. police officer). Technically there's no law against it, making it lawful, much like open carry.

    Delaware actually has so few firearms violations in terms of carrying, you think the police would know them, but it's still a rare thing. Definitely get a lawyer and do your best to get yourself out of this jam before discussing details.

    As always, keep anything you do not want seen OUT OF VIEW OF THE PASSENGER COMPARTMENT. This is very important moving forward.

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    ralphb72 wrote:
    1. Stop talking about it on here.

    2. Get a lawyer today.
    Why do i have to stop talking about it? Isn't this a forum where people "talk about things?" Anyway i forgot to mention this happened in Dover where open carry is not legal. (I have a public defender, i can't afford a lawyer)

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    you should be golden in Dover. I'll get the link in a sec.

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    Because anything you say (even on the internet) can and will be used against you. I'm saying don't talk about the DETAILS until it's over. Just one man's opinion, you are certainly free to do as you please.

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    ralphb72 wrote:
    Because anything you say (even on the internet) can and will be used against you. I'm saying don't talk about the DETAILS until it's over. Just one man's opinion, you are certainly free to do as you please.
    i understand... i was just saying i tried to do things the "right" way and got arrested for it. I just want to see if I was in the wrong or the police officers were.

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    dendaman wrote:
    ralphb72 wrote:
    1. Stop talking about it on here.

    2. Get a lawyer today.
    Why do i have to stop talking about it? Isn't this a forum where people "talk about things?" Anyway i forgot to mention this happened in Dover where open carry is not legal. (I have a public defender, i can't afford a lawyer)
    The reason he suggested you stop talking about it is that, technically, anything you say on here could be aquired and used against you. It is considered best to not talk about a situation in public until all legal issues have been resolved.

    Anyway I don't know why everyone is talking about driving, he obviously said that he was stopped on foot. Apparently ijusam has some advice for you. Sounds like a stupid charge to me. How else are you supposed to get the gun from your house to your car?

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    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.
    http://www.municode.com/resources/ga...3910&sid=8

    Actual wording is a little more specific than I remembered. now most people will only put them unloaded and in a case to take them to a range or somewhere else to use. if you go by actual wording, you could be going somewhere that hunting is allowed by law (this is a wide area in kent county). it does not specify that you have to be licensed to hunt or even planning to hunt. while this may be implied, it is also implied that unloaded and cased is an acceptable way to safely transport your gun from a residence to your auto. of course, you being in Dover, were then planning to store it in the trunk for transport

    Now where does Dover want to go with this?
    Without a license to carry a concealed deadly weapon:
    you can not buy a gun! Gasp! (you can't buy a gun if you cant carry it home.)
    you can't carry it openly, and you cant carry it concealed....delaware is a MAY issue state. that means total infringement of both the USC and delaware's. good luck.

    ps. they stopped you between the house and the car? who did you pi$$ off?



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    Thanks, one more thing.... does any one have the legal code that states open carry islegal in delaware? I would appreciate it.

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    dendaman wrote:
    Thanks, one more thing.... does any one have the legal code that states open carry islegal in delaware? I would appreciate it.
    There is no code against it, making it, de facto, lawful. Kind of like how there's no law against wearing a green shirt. The statutes against concealed carry without a permit specifically state 'concealed', reinforcing that.

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    dendaman wrote:
    Thanks, one more thing.... does any one have the legal code that states open carry islegal in delaware? I would appreciate it.
    TITLE 11
    Crimes and Criminal Procedure

    Delaware Criminal Code
    CHAPTER 2. GENERAL PROVISIONS CONCERNING OFFENSES
    § 202. All offenses defined by statute.

    (a) No conduct constitutes a criminal offense unless it is made a criminal offense by this Criminal Code or by another law.

    (b) This section does not affect the power of a court to punish for civil contempt or to employ any sanction authorized by law for the enforcement of an order or a civil judgment or decree. (11 Del. C. 1953, § 202; 58 Del. Laws, c. 497, § 1.)


    Thats as good as it gets.





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