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Thread: Conceal Carry - Dover Parks & State Parks

  1. #1
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    This question is for Rob -

    Is it legal to conceal carry in Dover Parks and DE State Parks? The local ordinance and state info from DNREClooks like it says no. What say you?

    Here's what Dover code (in Parks and Recreation section) says:

    Sec. 74-24. Dangerous weapons

    Carrying or possessing, while in any area covered by this chapter, a gun, air gun, bow and arrow, sling, dart, projectile thrower, knife with a blade more than three inches long, or any other dangerous weapon is prohibited, and nothing in this section shall be construed so as to prevent the use of target ranges, and the use of bows and arrows by park visitors on officially established archery ranges.

    (Ord. of 12-8-1975, § 2(21-8.15(4), (5), 21-15); Code 1981, § 15-24)


    Delaware State Park 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.

  2. #2
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    Sorry about the slow response -- haven't been checking here as often.

    Dover looks like no carry. Delaware State parks are off-limits. DENRC regulations wouldn't normally be enforceable by law, however, its given enforceability by law per §4701(4).


    Hawker wrote:
    This question is for Rob -

    Is it legal to conceal carry in Dover Parks and DE State Parks? The local ordinance and state info from DNREC*looks like it says no.* What say you?

    Here's what Dover code (in Parks and Recreation section) says:

    Sec. 74-24.* Dangerous weapons

    Carrying or possessing, while in any area covered by this chapter, a gun, air gun, bow and arrow, sling, dart, projectile thrower, knife with a blade more than three inches long, or any other dangerous weapon is prohibited, and nothing in this section shall be construed so as to prevent the use of target ranges, and the use of bows and arrows by park visitors on officially established archery ranges.

    (Ord. of 12-8-1975, § 2(21-8.15(4), (5), 21-15); Code 1981, § 15-24)

    *
    Delaware State Park 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.

  3. #3
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    Wynder wrote:
    Sorry about the slow response -- haven't been checking here as often.

    Dover looks like no carry. Delaware State parks are off-limits. DENRC regulations wouldn't normally be enforceable by law, however, its given enforceability by law per §4701(4).


    Rob, Thanks for the update. I read it like that as well. I was looking (hoping I suppose) for a state preemption, but never found one.

    Take care

  4. #4
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    Well, there're two preemptions that I've found for Delware.

    County*Firearms*Preemption: At the county level: this would seem to apply to any county ordinances regardless of when they were enacted.

    §*330.*General*powers*and*duties.
    *
    (c)**The*county*governments*shall*enact*no *law*or*regulation*prohibiting,*restricting*o r*licensing*the*ownership,*transfer,*possessi on*or*transportation*of*firearms*or*componen ts*of*firearms*or*ammunition*except*that*th e*discharge*of*a*firearm*may*beregulated;*p rovided*any*law,*ordinance*or*regulation*inc orporates*the*justification*defenses*as*found *in*Title*11*of*the*Delaware*Code.
    *

    Municipal*Firearms*Preemption: This, on the other hand, has the 1985 stipulation.

    §*111.*Limitation*on*firearm*regulations.
    *
    The*municipal*governments*shall*enact*no*law ,*ordinance*or*regulation*prohibiting,*restri cting*or*licensing*the*ownership,*transfer,* possession*or*transportation*of*firearms*or* components*of*firearms*or*ammunition*except* that*the*discharge*of*a*firearm*may*beregul ated;*provided*any*law,*ordinance*or*regulat ion*incorporates*the*justification*defenses*a s*found*in*[tit.*11,*§§*461‐471].*Nothing*contained*herein*shall*be*construe d*to*invalidate*municipal*ordinances*existing *before*July*4,*1985,*and*any*ordinance*en acted*after*July*4,*1985,*is*hereby*repeale d.***Notwithstanding*the*provisions*of*this *section*to*the*contrary,*the*City*of*Wilm ington*may,*in*addition*to*the*nature*and* extent*of*regulation*permitted*by*this*secti on,*enact*any*law*or*ordinance*governing*th e*possession*or*concealment*of*a*paintball* gun*within*its*corporate*limits*as*it*deems *ecessary*to*protect*the*public*safety.
    *
    "Municipal*governments"*include*all*cities,*t owns*and*villages*created*under*any*general *or*special*law*for*general*governmental*pur poses,*which*possess*legislative,*administrati ve*and*police*powers*for*the*general*exerci se*of*municipal*functions*and*which*carry*o n*such*functions*through*a*st*of*officials, *and*all*unincorporated*towns.*Tit.*22,*Cha pter*1.
    Regardless, there's no state-level preemption that would override §4701(4) that gives DNREC the power to enforce their regulations. However, if I recall, the penalty is just a fine.

  5. #5
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    Thanks for looking into this and posting your info. Much appreciated.

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