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Thread: Question from an out of state newbie

  1. #1
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    I am a new member of the forum here....hello everyone.....but I have been reading for about a year now. You guys are some greatamericans I must say!

    My question....I am a resident of Maryland. I have a Florida non-resident concealed carry permit. I know I can conceal carry in De, can I open carry there too? Even though I am not a resident of De, or does open carry in De only a right of residents? I have family there in Sussex County, Georgetown, Bethany, Frankford, and Selbyville that I visit often. I wouldlove to be able to carry openly if I can.....Especially in the summer cuz it's hard to conceal and be comfy when it's hot......

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    Welcome to OCDO!

    You are free to OC in DE.You don't have to be a resident to carry openly.

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    Dover is the only city that has any resrictons on open carry. But since you have a Florida permit you can carry openly there as well.

    Due to a lack of laws forbidding open carry it is legal.

    Quite a few folks here have been carring for the last year and there hasn't been any problems so far.

    Seems many in law enforcement are aware that it's legal and don't hassle us. Of course there are always a few that may not like it and try to do something but it's few and far between.

    Mostof the citizens aren't aware of the law but they aren't freaking out and calling 911 for 'man with a gun'. Most just assume that your job requires it and just behave themselves.

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    I LOVE Delaware!!!!!! Thanks to all who replied and to all who continue to exercise this right....keep up the good work!

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    smartz wrote:
    I LOVE Delaware!!!!!! Thanks to all who replied and to all who continue to exercise this right....keep up the good work!
    It's not large or the best state but it's pretty nice. Coming from Maryland it's much better as far as our lack of laws. Especially the gun laws.

    We move much slower then some of the 'shall issue' states but I see that as a good thing. Some of the restrictions that came with those laws are crazy. No open carry in states like Texas. Can't carry in banks, churches, bars etc.

    We don't have any of that.

    Of course being a resident the CCDW process is costly and iffy but open carry is legal. Many here have been testing the water and it's not as bad as people thought.

    Some in law inforsement aren't aware of the lack of laws. Most of the citizens don't know. I and others on this board didn't know it was legal untill last year. I didn't even know it was possible to get a CCDW until last year. Thought you had to be related to someone important.

    An as far as it being frowned upon, well that just hasn't been the experience of those that are testing the waters. People aren't freaking out. Many have talked to the police and had good experiences. LEO's will look at the gun and ask what brand and model.

    So for the last year things have been going quite well.

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    Hawker wrote:
    stephpd wrote:
    Dover is the only city that has any resrictons on open carry. But since you have a Florida permit you can carry openly there as well.

    That might be a stretch.
    What might be a stretch?

    Delaware has reciprocity with Florida, so their concealed license is valid in Delaware.

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    Hawker wrote:
    Wynder wrote:
    Hawker wrote:
    stephpd wrote:
    Dover is the only city that has any resrictons on open carry. But since you have a Florida permit you can carry openly there as well.

    That might be a stretch.
    What might be a stretch?

    Delaware has reciprocity with Florida, so their concealed license is valid in Delaware.
    I believe the original postedsaid "open carry" in Dover, not concealed.
    Any kind of carry is illegal in Dover unless you have a license.

    Sec. 702. 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:
    (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.
    (6) State license. Possession, carrying or use in conformity with a license issued by the state for that purpose in areas approved by the chief of police, and only then when used in such a manner that shall not endanger persons or property.
    Or am I missing something...

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    Hawker wrote:
    You might be missing something.. but, it iscertainly interpretation issue for sure.The poster said open carry in Dover. A concealed carry permit means just that... concealed (and "in conformity"). Also... the Dover code said "the state". Could be interpreted as Delaware only.

    I see no problem with concealed carry with a FL permit, but I think OC in Dover gets in one of those gray areas.
    The ordinance prohibits possession of any firearm.

    Then it goes on to list the exceptions, inlcuding the one for licenses. Since the AG's office has a reciprocity agreement, Delaware must give full faith and credit to another states' license with whom this agreement exists.

    So, no license: no gun possession.

    Licensed: conceal or open carry.

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    Hawker wrote:
    Wynder wrote:
    Hawker wrote:
    You might be missing something.. but, it iscertainly interpretation issue for sure.The poster said open carry in Dover. A concealed carry permit means just that... concealed (and "in conformity"). Also... the Dover code said "the state". Could be interpreted as Delaware only.

    I see no problem with concealed carry with a FL permit, but I think OC in Dover gets in one of those gray areas.
    The ordinance prohibits possession of any firearm.

    Then it goes on to list the exceptions, inlcuding the one for licenses. Since the AG's office has a reciprocity agreement, Delaware must give full faith and credit to another states' license with whom this agreement exists.

    So, no license: no gun possession.

    Licensed: conceal or open carry.
    I think you are wrong Rob. A CCDW exercised "in conformity" and "only in such a manner" is CC. Concealed means just that... concealed.


    May I suggest that you give Jeff Horvath a call at Dover PD for clarification? I'd hate to see one you OC guys get jammed up down here.
    I'd argue that 'in conformity' is using the license with its prescribed rules; however, having a concealed deadly weapon license does not remove your rights to open carry just as having a drivers license no longer removes your ability to walk to the store instead of drive.

    I tend not to ask law enforcement about the law as they do just that: enforce. We can contact the AG's office or the office of the Dover prosecutor to actually interpret the law.

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    Hawker wrote
    I think that the Dover Chief of Police should know, but that's a good idea, too. Could you post your findings here?
    We've experienced a certain level if uneducation on the subject with some police agencies. With the police, I'd expect 20 lines of saying how we shouldn't do it and one line alluding to the fact that it is lawful as opposed to the AG's office which gives you 3 or 4 sentences without the prosthetization.

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  18. #18
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    Hawker wrote:
    I understand your position. That's why everyone pro 2nd feels that educating those in law enforcement will go a long way to public acceptance. I shoot with quite a few law enforcement folks and most have mixed feelings, don't want to get involved,or do not know the law (about open carry). Obviously, state and local agencies should know and be familiar with AG rulings and interpretations.
    If I was able to get an interpretation opinion from the AG, I'd certainly pass it along to the law enforcement agencies there and give them the courtesy of knowing that some folks may be exercising their rights.

    In a perfect world, it would be great if the agencies knew the rulings and interpretations; however, having studied in a criminal justice degree program that's focused on law enforcement careers, I don't think that's feasible -- at least not for every single officer... Between needing to focus on what they need to know to make lawful stops and arrests, working their shifts and having to deal with the paperwork, personal and family life would leave little time for an officer to go home and read the latest court decisions, much less be able to interpret and apply those to an everyday scenario -- especially since court rulings can change quite often.

    Ideally, the brass keeps up on the more pertinent rulings and disseminates the information during role call, but I ultimately think that's where the breakdown (for lack of better term) comes with regards to law enforcement and people exercising rights in general.

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