stephpd
Regular Member
imported post
I just was handed some changes to the cities personnel policy. Top of the list is a NO FIREARM addmendment. For everbodies safety no weapons are allowed on city property, in city owned vehicles or while on city time.
I'm not sure but this seems to go against state law Title 22, sec1, subsec 111:
§ 111. Limitation on firearm regulations. The municipal governments shall enact no law, ordinance or regulation prohibiting, restricting or licensing the ownership, transfer, possession or transportation of firearms or components of firearms or ammunition except that the discharge of a firearm may be regulated; provided any law, ordinance or regulation incorporates the justification defenses as found in Title 11. Nothing contained herein shall be construed to invalidate municipal ordinances existing before July 4, 1985, and any ordinance enacted after July 4, 1985, is hereby repealed. Notwithstanding the provisions of this section to the contrary, the City of Wilmington may, in addition to the nature and extent of regulation permitted by this section, enact any law or ordinance governing the possession or concealment of a paintball gun within its corporate limits as it deems necessary to protect the public safety. (65 Del. Laws, c. 278, § 1; 74 Del. Laws, c. 280, § 1.)
Since personnel policy is chapter 40 of the cities municpal code it looks like it violates the above law. I might be reading this wrong but since chapter 40 is part of the cities code this new(not listed on web site) is illegal.
Listed below is the link to the city code;
http://www.municode.com/resources/gateway.asp?pid=11715&sid=8
Anyone else think this is an illegal policy. If personnel policy is part of the city code and it's later then July 4,1985 then it souldn't be allowed. Or repealed.
I just was handed some changes to the cities personnel policy. Top of the list is a NO FIREARM addmendment. For everbodies safety no weapons are allowed on city property, in city owned vehicles or while on city time.
I'm not sure but this seems to go against state law Title 22, sec1, subsec 111:
§ 111. Limitation on firearm regulations. The municipal governments shall enact no law, ordinance or regulation prohibiting, restricting or licensing the ownership, transfer, possession or transportation of firearms or components of firearms or ammunition except that the discharge of a firearm may be regulated; provided any law, ordinance or regulation incorporates the justification defenses as found in Title 11. Nothing contained herein shall be construed to invalidate municipal ordinances existing before July 4, 1985, and any ordinance enacted after July 4, 1985, is hereby repealed. Notwithstanding the provisions of this section to the contrary, the City of Wilmington may, in addition to the nature and extent of regulation permitted by this section, enact any law or ordinance governing the possession or concealment of a paintball gun within its corporate limits as it deems necessary to protect the public safety. (65 Del. Laws, c. 278, § 1; 74 Del. Laws, c. 280, § 1.)
Since personnel policy is chapter 40 of the cities municpal code it looks like it violates the above law. I might be reading this wrong but since chapter 40 is part of the cities code this new(not listed on web site) is illegal.
Listed below is the link to the city code;
http://www.municode.com/resources/gateway.asp?pid=11715&sid=8
Anyone else think this is an illegal policy. If personnel policy is part of the city code and it's later then July 4,1985 then it souldn't be allowed. Or repealed.