imported post
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/title11/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.
