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Thread: OC vs. CC

  1. #1
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    Hey Guys... I am new here... Been doin a LOT of reading!!!



    I just sent My paper work in for my CDWP. I was under the impression that I HAD to conceal my weapon at all times, but I ma reading a LOT here that many of you choose to OPEN CARRY. Does my permit allow my to OC or CC at my discression?



    Thanks,

    Ron

  2. #2
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    Private Pyle wrote:
    Hey Guys... I am new here... Been doin a LOT of reading!!!



    I just sent My paper work in for my CDWP. I was under the impression that I HAD to conceal my weapon at all times, but I ma reading a LOT here that many of you choose to OPEN CARRY. Does my permit allow my to OC or CC at my discression?



    Thanks,

    Ron
    Hey there, Ron.

    Technically, a CCDW License holder is under no statutory obligation to conceal. I'd liken that to being restricted to only being able to drive when you get your driver's license -- imagine not being permitted to walk down the street to get a gallon of milk simply because you have a license to drive.

  3. #3
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    ^^^^What he said

  4. #4
    Regular Member dave_in_delaware's Avatar
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    Welcome, Private Pyle!

    Short answer to your question: yes.

    Anyone who is legally allowed to buy/possess a handgun can open carry a firearm in DE (w/ certain limitations in certain towns/cities) without a permit. It's totally lawful to do so, just as long as it's 100% out in the open. It must also be out of your holster and either on the passenger seat or dash board if you're driving.

    But the only way you can carry concealed is IF you have a CCDW permit.Having your permit allows you to hide your gun from plain view. Without the permit, anyone concealing a firearm w/out a license to do so is is seriously deep doodoo.

    I don't have a CCDW permit, so I must open carry all the time. And I've been OCing almost daily since the beginning of this year.

    If I had my CCDW permit, I could pretty much choose however I wanted to carry (OC or CC) based on my mood, where I'm going, etc....

    Again, welcome to OCDO.
    Dave
    Co-Founder & Global Moderator
    Delaware Open Carry

  5. #5
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    ^^^^ What evryone said. No permit or license required to open carry in DE. Dave in Delaware and wynder have logs on open carry on this site. Nobody has run into any problem YET.

    The proper term in this state is CCDW-- licencse to Carry a Concealed Deadly Weapon. Not a permit and not restricted to pistols. Costs quite a bit, takes way to long to get and is up to the Judges descretion, but worth it in my opinion. Got one myself back in Sept. and have been carrying concealed every day since.

    And welcome to the forum.

  6. #6
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    Welcome to the forum. I'm kinda new myself but I've been around guns my whole life. If you check we have a little get together next month and possibly a BBQ in the spring. You will notice we are all just a nice bunch of gun freaks. Glad you made it here.

  7. #7
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    Thanks for all your replies. I just got fingerprinted at Troop 2 on Monday... That was the LAST step. I am bringing my papers to the court house tommorow. I will keep you posted on how long it ACTUALLY takes to get my permit.

    As far as Open Carrying in public without a license... What do the Police have to say about this? I can't seehow they would not stop and harrass a man walking downConcord Pikewith a gun strapped to his hip. Even if you are clean (no wants or warrants)aren't you asking for trouble if you OC?

    BTW... I am very GLAD I stumbled onto this site... Very Informative... VERY nice people!!!

  8. #8
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    Private Pyle wrote:
    Thanks for all your replies. I just got fingerprinted at Troop 2 on Monday... That was the LAST step. I am bringing my papers to the court house tommorow. I will keep you posted on how long it ACTUALLY takes to get my permit.

    As far as Open Carrying in public without a license... What do the Police have to say about this? I can't seehow they would not stop and harrass a man walking downConcord Pikewith a gun strapped to his hip. Even if you are clean (no wants or warrants)aren't you asking for trouble if you OC?

    BTW... I am very GLAD I stumbled onto this site... Very Informative... VERY nice people!!!
    I think I've been the only person who has had an encounter with the police here in Delaware... I had my tires slashed and the state police came out to take a report. I wasn't OC'ing, but it was quite obvious that I was carrying as my jacket got caught on the butt of my weapon when I was getting my license.

    In any case, I'm sure they would ask questions; however, police are still governed by laws and the Constitution as well...

    They may initiate a 'voluntary investigation'... much like anyone, police can walk up to any person and ask questions. Under this type of investigation, you're free to leave and may walk away at any time, though it's probably best to ask the officer if you're being detained and, if he says no, if you're free to leave.

    The next level up from that is a Terry Stop (http://en.wikipedia.org/wiki/Terry_v._Ohio) which is a limited detainment. The officier must have reasonable suspision that they can articulate that you have committed, are committing or are about to commit a crime and, with that, they may do an over-the-clothes pat down to check for weapons (which you'd obviously be carrying) and hold you for a couple of hours while they investigate.

    Outside of that if they have probably cause that you're guilty of committing a crime, they can arrest you.

    There's been a lot of discussion about what you can be charged with -- the only thing that could potentially be reasonable is Disorderly conduct and, even then, they need to prove that your intent was to be offensive (http://law.justia.com/delaware/codes...c005-sc07.html).

    The basic thing is, we're provided by the US Constitution and the Delaware Constitution (even more so at the state level) the right to keep and bear arms for personal defense, recreational use. Exercising a protected, god-given right is, in my opinion, most certainly not "asking for trouble", nor would be going to a church of my choice, speaking out against the government, or refusing to an illegal search and seizure of my person.

    Your mileage may vary.

  9. #9
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    I would also like to welcome you to the board. As far as OC goes,I've basically been doing it everyday since the beginning of the year also. Since I do not have a permit yet that allows me to in DE, I figure I'd rather deal with the sheeple then a more servere charge. So far I havent run into any LE while OC'ing and if I do I hope it goes well. You will be surprised at how many people don't even notice or don't pay any mind to you having a gun on your hip.

  10. #10
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    Congrats on going thru the process. Should take 1-2 months for the permit to arrive. If they have any questions it'll come shortly and just add that to the time to recieve the license. Ckeck out Wynder's thread on getting his license.

    Hope to see you at IHOP this month as well. It's the 22th at 8pm. Dress is casual and you can open carry since you won't have your license by then.

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