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Thread: Delaware Firearms Laws

  1. #1
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    So, this is my compilation of Delaware state, county and municipal laws... It's geared towards both Open and Concealed Carry and includes annotations of case law related to the stated ordinances and law. I've also included statutes pertaining to Disorderly Conduct, Questioning and searching of suspected armed subjects and laws pertaining to parks and recreational areas.

    Please take a look at it and review it -- if you find any errors or have suggestions for additions, drop a note here and I'll review the addition.

    CHANGE LOG

    Jan 16, 2008: First revision released.

    Jan 17, 2008: Second revision released. Cleaned up format and erroneous spacings. Added § 222 defining dangerous weapon, instrument, disabling chemical spray, etc.

    Feb 18, 2008: Added § 231 defining scienter (states of mind). Added defense of self, other and home justification statutes § 464 - § 468.

    Mar 31, 2008: Added “Where Can’t I Carry?” (Quick Reference) at the top with all known locations at a State and Federal Level. Also, added § 1256 and § 1258 for the purposes of citing law that would prohibit carrying a firearm in a court facility, police station or prison.

    April 2, 2008: Added City of Newark ordinance/park regulation prohibiting the possession of firearms in city parks. Added this to “Where Can’t I Carry?” quick reference with notation that this ordinance is believed to be illegal and a letter has been sent to confirm.

    June 3, 2008: Changing the link for better book keeping.

    July 1, 2008: Updated document to reflect City of Newark's change of city ordinance to now defer to state law for carrying of a firearm.


    Download the PDF here: http://www.deloc.org/deloc/forums/viewforum.php?f=19

  2. #2
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    What an awesome resource! Sure beats having to search for all the local ordinances, and the case law annotations are great.

  3. #3
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    Yeah! I'm taking a Criminal Law course and one of the books I had to buy was the Delaware Criminal and Traffic Code manual which had a CD resource that had all of these great notations.

    I just wish I had it for county and municipal ordinances as well.

  4. #4
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    I've replaced the attachment with an easier to follow table of contents.

  5. #5
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    Great resource, I'm keeping one at home and one in the car :celebrate

  6. #6
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    Great resource, I would like your permission to use this on my website :celebratethat I will be launching in March. I have no problem giving you full credit; we would just have to add a disclaimer page for legal reasons.



    Let me know.

  7. #7
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    I don't see a problem with that. Just as long as you promise to subscribe yourself to this thread of posts and keep track of updates -- I'd prefer the most current version be made available.

    When I get a chance, I'll be adding scienter definitions as well as the castle doctrine laws and self-defence (duty to retreat) and defense of others information.

    Rob

  8. #8
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    Just printed all 28 pages...

    Thankx!!!

  9. #9
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    My pleasure.

  10. #10
    Regular Member dave_in_delaware's Avatar
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    As a self-checking system for my version that I've been compiling myself, cananyone tell me if I'm missing ANY firearms-related statutes or ordinances?? I've tried to include government statutes, sentences for offenses, professions, etc...Thanks!

    Here's what I have so far:
    Title 07Chapter 7 Subchapter I

    Title 09 Chapter 3Subchapter II

    Title 11: (our favorite!!)

    CHAPTER 2. GENERAL PROVISIONS CONCERNING OFFENSES

    § 205 Time limitations

    § 222 General definitions

    § 233 Definition and classification of offenses



    CHAPTER 4. DEFENSES TO CRIMINAL LIABILITY

    § 461 Justification -- A defense

    § 462 Justification -- Execution of public duty

    § 463 Justification -- Choice of evils

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

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

    § 466 Justification -- Use of force for the protection of property

    § 468. Justification -- Use of force by persons with special responsibility for … others

    § 469. Justification -- Person unlawfully in dwelling

    § 470 Provisions generally applicable to justification

    § 471 Definitions relating to justification



    CHAPTER 5. SPECIFIC OFFENSES

    Subchapter II Offenses Against the Person

    Subpart A Assaults and Related Offenses

    § 601 Offensive touching; unclassified misdemeanor

    § 602 Menacing

    § 603 Reckless endangering in the second degree

    § 604 Reckless endangering in the first degree

    § 611 Assault in the third degree

    § 612 Assault in the second degree

    § 613 Assault in the first degree

    § 632 Manslaughter

    Subchapter VII Offenses Against Public Health, Order and Decency

    Subpart A Riot, Disorderly Conduct and Related Offenses

    § 1301 Disorderly conduct

    § 1302 Riot

    § 1441 License to carry concealed deadly weapons

    § 1442 Carrying a concealed deadly weapon

    § 1443 Carrying a concealed dangerous instrument

    § 1444 Possessing a destructive weapon

    § 1445 Unlawfully dealing with a dangerous weapon

    § 1447 Possession of a deadly weapon during commission of a felony

    § 1447A Possession of a firearm during commission of a felony

    § 1448 Possession and purchase of deadly weapons by persons prohibited

    § 1448A Criminal history record checks for sales of firearms

    § 1449 Wearing body armor during commission of felony

    § 1450 Receiving a stolen firearm

    § 1451 Theft of a firearm

    § 1454 Giving a firearm to person prohibited

    § 1455 Engaging in a firearms transaction on behalf of another

    § 1456 Unlawfully permitting a minor access to a firearm

    § 1457 Possession of a weapon in a Safe School and Recreation Zone

    § 1458 Removing a firearm from the possession of a law enforcement officer

    § 1459 Possession of a weapon with a removed, obliterated or altered serial number

    § 1473 Preclusions



    CHAPTER 23. SEARCH AND SEIZURE

    § 2301 Search to accord with statute or Constitution

    § 2302 Search without warrant in hot pursuit

    § 2303 Search without warrant incident to arrest

    § 2305 Objects of search warrant

    § 2306 Application or complaint for search warrant

    § 2307 Issuance contents; execution and return of search warrants

    § 2308 Search at nighttime

    § 2309 Grounds for seizure of subject matter of search

    § 2309A Objects subject to search and seizure



    CHAPTER 42. CLASSIFICATION OF OFFENSES; SENTENCES

    § 4201 Classification of felonies

    § 4202 Classification of misdemeanors

    § 4203 Violations

    § 4204 Authorized disposition of convicted offenders

    § 4205 Sentence for felonies

    § 4206 Sentence for misdemeanors

    § 4207 Sentences for violations

    § 4209 Punishment, procedure for determining punishment, review of punishment and method of punishment for first-degree murder

    Title 22 Chapter 1 § 111

    Title 24 Chapters 9, 13, 55 (certain professions)

    Title 28 Chapters 8 & 9
    Did I miss any?? Please let me know. I'm trying to be thorough!

    FYI: This is being created in Word using separate files for each Title, and bookmarks and a Table of Contents for easy navigation. Once completed 100%, I'll provide a copy to anyone who wants it, too.
    Dave
    Co-Founder & Global Moderator
    Delaware Open Carry

  11. #11
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    dave_in_delaware wrote:
    Did I miss any?? Please let me know. I'm trying to be thorough!

    FYI: This is being created in Word using separate files for each Title, and bookmarks and a Table of Contents for easy navigation. Once completed 100%, I'll provide a copy to anyone who wants it, too.
    § 4702. Violations of rules and regulations; penalties

    (c) All rules and regulations of the Department of Natural Resources and Environmental Control promulgated pursuant to this chapter shall have the effect of law (snip)


    Delaware State parks regs:
    24.3



    It shall be unlawful to display, possess or discharge firearms of any description, air rifles, B.B. guns, sling shots or archery equipment upon any lands or waters administered by the Division, except by those persons lawfully hunting in those areas specifically designated for hunting by the Division, or except with prior written approval of the Director.

    http://www.dnrec.state.de.us/parks/k...m#Rulesandregs

  12. #12
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    402 State Forest Regulations

    1.0 Authority

    1.1 These regulations are promulgated pursuant to the delegation of authority to the Department of Agriculture by the General Assembly found in 3 Del.C. Sections 1008 and 1011.

    8.8 Target shooting is prohibited. Firearms are allowed for legal hunting only and are otherwise prohibited on State Forest lands.

    § 1011. Powers and duties of Department generally.

    The Department of Agriculture shall have direction of all forest interests and all matters pertaining to forestry and woodlands within the State. The Department of Agriculture shall execute all matters pertaining to forestry within the jurisdiction of the State; devise and promulgate rules and regulations for the enforcement of the state forestry laws and for the protection of forest lands, and impose fines in furtherance thereof; direct the improvement of state forest lands; collect data relative to forest conditions, become familiar with and inquire into the locations of all timberland and cutover lands, and prepare maps showing the locations and areas of state forests and privately owned forests so far as available funds will permit; take such action as is authorized by law to prevent and suppress forest, brush and grass fires; enforce all laws pertaining to forest and brush covered lands and assist in the prosecution, in the name of the State, of violations of those laws; cooperate with landowners, counties and others in forest production and reforestation; and publish information on forestry as seems conducive to promoting the objectives of Chapters 10, 26 and 91 of this title. (72 Del. Laws, c. 235, § 2.)


    I can see the Dpt of Agriculture being able to prohibit target shooting, but to me it seems that prohibiting the carrying of a firearm for self defence isn't pertaining to "forest interests and all matters pertaining to forestry and woodlands within the State"Maybe this should be questioned?

  13. #13
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    Updated the file on the OP -- TONS of annotations for the self-defense statutes.

    CHANGE LOG
    Jan 16, 2008: First revision released.
    Jan 17, 2008: Second revision released. Cleaned up format and erroneous spacings. Added § 222 defining dangerous weapon, instrument, disabling chemical spray, etc.
    Feb 18, 2008: Added § 231 defining scienter (states of mind). Added defense of self, other and home justification statutes § 464 - § 468.

  14. #14
    Regular Member dave_in_delaware's Avatar
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    Awesome! I updated my file w/ your new version.

    Thanks, man!!!
    Dave
    Co-Founder & Global Moderator
    Delaware Open Carry

  15. #15
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    Updated the PDF yesterday.

    Also available at http://www.deloc.org/

  16. #16
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    Updated again today with Newark park regulation.

  17. #17
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    Updated the link.

  18. #18
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    July 1, 2008: Updated document to reflect City of Newark's change of city ordinance to now defer to state law for carrying of a firearm.

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