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Thread: Open Carry

  1. #1
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    I Live In New Castle Delaware, And Would Like To Know Where Can I Open Carry And Where Can't I Open Carry? I'm New To Open Carring So I Don't Know All The Places's Where I Can't... I looked on Line And There Saying Location's Not Updated yet...

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    more info to be found at www.deloc.org
    most of the delaware members are more active on this state site

    Delaware is pretty easy
    no police stations, prisons, or courts (detention facilities)
    not in DOVER
    no state parks, nat forrest, WMAs
    obey the federal no no's

    handgunlaw.us lists state slots, but no statute has been found todate to back that up



  3. #3
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    Thank's For The Info!!

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    ijusam wrote:
    no state parks, nat forrest, WMAs
    obey the federal no no's
    Why not nat forests? Does DE statutory law specifically make open cary unlawful there??

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    Mike wrote:
    ijusam wrote:
    no state parks, nat forrest, WMAs
    obey the federal no no's
    Why not nat forests? Does DE statutory law specifically make open cary unlawful there??
    sorry for the misinformation, you may carry in a delaware national forrest if you can find one... we don't have any

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    WMA meaning STATE Willife Management area, or NWR (National Wildlife Refuge)?

    I have visitedPrime Hook and Bombay Hook NWRs over the years, and try to go back as often as possible...

    How would I be affected there?

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    Regular Member Mr H's Avatar
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    If someone better versed than I in Legalese could look at this, and tell me if I'm correct in my reading that OC at Prime Hook NWR is acceptable??

    http://www.deloc.org/forums/viewtopi...efuge&start=10

    I appreciate any help I can get on this.

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    Unreal!!!

    I just spoke to a Sgt. Corbin (sp?) in Rehoboth Beach, DE regarding open/concealed carry. He suggested that I should not open/conceal carry anywhere in Rehoboth Beach. He also strongly suggested that it is not worth the hassle of police involvement when someone calls in a 'man with a gun' complaint. I gently reminded him of the latest assault cases that are happening on the boardwalk. He advised me 'not to go to those areas'. This is unreal, if it wasn't for having my kids with me I would open carry with pride.

    He also suggested that I make sure that I have my ID, my Utah CC permit, and my gun ownership papers handy. I added that I should get some information on a local attorney that specializes in handgun violations...

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    Regular Member Mr H's Avatar
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    Quote Originally Posted by Coolchoc View Post
    I should get some information on a local attorney that specializes in handgun violations...
    Ummm....

    If there is no violation, What The....??????

    Seriously...

    Does Rehoboth PD really consider a 'complaint' as a 'violation'?!!

    I was just there this weekend, and chose not to OC or CC... not sure whether to be glad about that or not.
    Last edited by Mr H; 08-15-2010 at 05:26 PM.

  10. #10
    Regular Member Curmudgeon's Avatar
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    Quote Originally Posted by Coolchoc View Post
    I just spoke to a Sgt. Corbin (sp?) in Rehoboth Beach, DE regarding open/concealed carry. He suggested that I should not open/conceal carry anywhere in Rehoboth Beach. He also strongly suggested that it is not worth the hassle of police involvement when someone calls in a 'man with a gun' complaint. I gently reminded him of the latest assault cases that are happening on the boardwalk. He advised me 'not to go to those areas'. This is unreal, if it wasn't for having my kids with me I would open carry with pride.

    He also suggested that I make sure that I have my ID, my Utah CC permit, and my gun ownership papers handy. I added that I should get some information on a local attorney that specializes in handgun violations...


    Just curious, if you live in Maryland, how would you get your gun to Delaware? I thought Maryland only permitted the transport of a firearm for very specific and limited purposes, such as, to the range, gun shop, etc.
    While many claim to support the right to keep and bear arms, precious few support the practice.

  11. #11
    Regular Member Mr H's Avatar
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    Quote Originally Posted by Curmudgeon View Post

    Just curious, if you live in Maryland, how would you get your gun to Delaware? I thought Maryland only permitted the transport of a firearm for very specific and limited purposes, such as, to the range, gun shop, etc.
    As I understand it, WITHIN the state there are the restrictions to which you allude...

    But, if you are headed interstate, the Federal rules cover the crossing of the state line, at which point the DE laws take effect.

    I hope someone can confirm or correct this, as I am back and forth from MD to DE, PA, and VA pretty frequently.

    I keep everything inaccessible, stashed and separate when leaving home, until I get to my destination. Only than do I adapt to the local rules (as I know them). So, while I would not be adverse (if needed) to packing up as usual leaving home, then once in DE pulling over and "suiting up" as situations warrant, I would more likely get to the final destination, then live within the locality as permitted by law.

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    Regular Member Curmudgeon's Avatar
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    Quote Originally Posted by Mr H View Post
    As I understand it, WITHIN the state there are the restrictions to which you allude...

    But, if you are headed interstate, the Federal rules cover the crossing of the state line, at which point the DE laws take effect.

    I hope someone can confirm or correct this, as I am back and forth from MD to DE, PA, and VA pretty frequently.

    I keep everything inaccessible, stashed and separate when leaving home, until I get to my destination. Only than do I adapt to the local rules (as I know them). So, while I would not be adverse (if needed) to packing up as usual leaving home, then once in DE pulling over and "suiting up" as situations warrant, I would more likely get to the final destination, then live within the locality as permitted by law.

    I don't "know" the laws in Maryland. Probably should, I used to live there. I've seen numerous threads covering travel from restrictive states like Maryland, New Jersey, New York, etc., so take what I say here with the understanding that I am not stating fact. I am just trying to raise the issue for discussion. It's one matter if a person is acting legally and gets jacked up. It is another matter if someone THINKS they are legal and finds out the hard way that they stepped outside the law and gets jacked up.

    F.O.P.A. (Firearms Owners Protection Act) is pretty specific about providing for someone traveling with a firearm from a place where it is legal, THROUGH a place where it is not legal, to a destination where it is legal. It would be your point of destination, Maryland, where transportation of a firearm is only legal pursuant to tightly limited restrictions, and transporting to another state for the purposes of OC/CC at your destination is not listed as an exception. Again, my understanding.

    You can transport directly to a from a range, for example. Even interstate. It isn't the crossing of the state line, it's the transport within Maryland for a purpose outside the exceptions. I'm sure you know you can't transport a firearm within Maryland, even unloaded, locked in trunk, whatever... for just any reason. This is also true in PA for example. Transport only allowed under certain specific exceptions, unless you have a PA LTCF (or permit from any other state).

    So even though you would be legal at your destination, Delaware or Pennsylvania, you would be in violation of MD law while you are in MD, unless you fall within the exceptions. The same is true for me traveling into Maryland where I still have many shooting friends. If I wish to travel into north Baltimore County to show my buddy my new Stag M4, I am in violations as soon as I cross into Maryland. Not because I crossed the line, but because of the laws for the state I crossed in to.

    Believe me, we'd love to have you, and I hope I'm wrong, so maybe it's time we both started researching what we *think* we know, and make sure! We recently had this discussion on our PA board around a New Jersey resident, and it was a very interesting discussion, but it has not been resolved to the satisfaction of all.

    Hence my concern. Before you do it, make sure.
    While many claim to support the right to keep and bear arms, precious few support the practice.

  13. #13
    Regular Member Curmudgeon's Avatar
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    FOPA "Safe Passage"...

    "Safe Passage" provision

    One of the law's provisions was that persons traveling from one place to another cannot be incarcerated for a firearms offense in a state that has strict gun control laws if the traveler is just passing through (short stops for food and gas) and the firearms and ammunition are not immediately accessible, unloaded and, in the case of a vehicle without a compartment separate from the driverís compartment, in a locked container.[6]
    An example of this would be that someone driving from Virginia to a competition in Vermont with a locked hard case containing an unloaded handgun and a box of ammunition in the trunk could not be prosecuted in New Jersey or New York City for illegal possession of a handgun provided that they did not stop in New Jersey or New York for an extended period of time.
    *Bold emphasis is mine. Above quoted text taken from here: http://en.wikipedia.org/wiki/Firearm...Protection_Act
    .
    While many claim to support the right to keep and bear arms, precious few support the practice.

  14. #14
    Regular Member Curmudgeon's Avatar
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    OK, so that was Wiki. Here is the actual section from Title 18 of the U.S. Code...

    ß 926A. Interstate transportation of firearms


    Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driverís compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.
    Which as we can see, is worded somewhat different than what we see in Wiki (go figure). Although I think we end up in the same place, it is always useful to have the exact wording to discuss. Now I just gotta hunt down MD law. That oughta bring the suck.
    While many claim to support the right to keep and bear arms, precious few support the practice.

  15. #15
    Regular Member Curmudgeon's Avatar
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    And then we also have this from 08/03/2009...

    http://www.mdshooters.com/showpost.p...3&postcount=49


    details of Maryland handgun transportation law
    For newcomers to the forum, a more complete explanation of the Maryland law regarding transportation of a handgun may be useful. I am not a lawyer, and this is not legal advice.

    There is no requirement in Maryland law that a handgun must be transported with a trigger lock, or any kind of lock, or in a locked box, or in a trunk. The requirement is simply that the handgun be unloaded and in an enclosed case or enclosed holster.

    The major restriction, of course, is that unless one has a carry permit, the unloaded handgun can only be transported to and from the "approved" destinations that are listed in the statute (see below). However, this does not apply if the destination of your journey, or your point of origination, are outside of Maryland, in which case the federal transportation law (18 USC 926A) trumps the state law. The federal law is actually more restrictive with respect to the manner in which the gun must be packaged, but when the federal law applies, it renders the state list of approved destinations irrelevant. It is important not to rely on the federal law for protection unless your journey complies with the requirement that the trip cross state lines (which includes, for this purpose, the border with the District of Columbia).

    There is no restriction in Maryland state law on the manner in which ammo can be transported, other than the requirement that the handgun must be unloaded. There is no state law against transporting loaded magazines, as long as they are detached from the gun. A Maryland attorney, who works in law enforcement and who is well versed on firearms cases, told me that he knew of no case law to support the notion that a loaded magazine is forbidden.

    Up until a couple of years ago, a couple of state agencies had misinformation on their websites indicating that magazines were to be unloaded for transportation, but that misinformation was removed when it was pointed out to them that there was no support for those statements in state law. If anybody knows of any information still being posted or circulated by any state or local government agency that continues to suggest that loaded magazines are verboten, please call them to my attention.

    I have pasted in below (as I have before) the complete text of an e-mail that was sent to another gunowner about five years ago by Mark Bowen, who was then and is now a Maryland Assistant Attorney General who specializes in firearms issues. Mr. Bowen provided a succinct summary of the requirements of the state and federal laws that govern the transportation of handguns in Maryland.

    ***

    Dear Mr. _______:

    Maryland law generally prohibits the wearing, carrying or transporting of handgun, loaded or unloaded, concealed or openly: 1) on or about one's person; and, 2) in a vehicle traveling on a road or parking lot generally used by the public, highway, waterway, or airway of the State.
    Individuals who have been issued a permit to carry a handgun by the Maryland Department of State Police (handgun carry permits issued by other states are not effective) are exempted from this law.

    The following activities are also exempted: 1) the carrying of a handgun on the person or in a vehicle while the person is transporting the handgun to or from the place of legal purchase or sale, or to or from a bona fide repair shop, or between bona fide residences of the person, or between the bona fide residence and place of business of the person, if the business is operated and owned substantially by the person if each handgun is unloaded and carried in an enclosed case or an enclosed holster; 2) the wearing, carrying, or transporting by a person of a handgun used in connection with an organized military activity, a target shoot, formal or informal target practice, sport shooting event, hunting, a Department of Natural Resources-sponsored firearms and hunter safety class, trapping, or a dog obedience training class or show, while the person is engaged in, on the way to, or returning from that activity if each handgun is unloaded and carried in an enclosed case or an enclosed holster; 3) the moving by a bona fide gun collector of part or all of the collector's gun collection from place to place for public or private exhibition if each handgun is unloaded and carried in an enclosed case or an enclosed holster; 4) the wearing, carrying, or transporting of a handgun by a person on real estate that the person owns or leases or where the person resides or within the confines of a business establishment that the person owns or leases; 5) the wearing, carrying, or transporting of a handgun by a supervisory employee: in the course of employment; within the confines of the business establishment in which the supervisory employee is employed; and (iii) when so authorized by the owner or manager of the business establishment.

    The federal law you cite (18 USC 926A) applies to the interstate transportation of a firearm (handgun or long arm) and supersedes Maryland law. It would have no bearing on the transportation of a firearm where the origin and destination are both within Maryland. It would however allow for the transportation of a firearm through the State of Maryland regardless of the Maryland law cited above.

    For purposes of the exceptions to Maryland law, a handgun may be transported within the passenger compartment of the vehicle provided it is unloaded and in an enclosed case or holster. For purposes of the federal law exception, the firearm must be unloaded and not readily accessible from the passenger compartment.

    Mark H. Bowen Assistant Attorney General


    (end of quotation from Mr. Bowen)
    Where the Attorney General dances around the exact question, but the poster seems to think it has been answered.

    I would feel fairly safe as a MD resident without a CCW in transporting to PA or DE for the purposes of hunting, target/sport shooting, etc., going directly to and from. But to transport to DE for the purpose of going to the beach, and transporting for the purposes of OC/CC for self defense while there... I just don't see that among the expressly stated exceptions.
    While many claim to support the right to keep and bear arms, precious few support the practice.

  16. #16
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    New to open carry

    I just started to open carry a couple of days ago. No problems yet but have not runninto any cops etheir. I travil in newcastle, newark, and wilmington all the time and people dont freak out like i thout they would. When i was at the park with my girls a couple of kids ased there parents if i was a cop but nothing else.

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