Giustiniani
Regular Member
imported post
Hey guys, I know I've been away for a while, but I've basically been lurking. I had something come up recently that I thought you should know about, and I need some legal advice.
My CCDW instructor at Shooters Choice in Dover said something that was kind of unsettling to me. While the instructor is knowledgeable in the area of firearms and law enforcement, he is not a lawyer. I'm glad I am taking the course because of the professionalism and experience this gentleman has, but some of his opines are a bit troublesome.
He said in class on monday, after I brought up DE being an OC state that OC while not illegal, was not wise.
"Open carry in the state of Delaware, while legal, is not wise. You have the potential for someone to become scared of you because you have a weapon, and you can be arrested under the disorderly conduct code for causing undo alarm."
I didn't think he was right, but I didn't want to argue with him. I went online and found the disorderly conduct code of Delaware, and there are two mentions (and it has a stipulation on it) about undo alarm.
Delaware Code 1301. Disorderly Conduct
Section 1: The person intentionally causes public inconvenience, annoyance or alamr to any other person, or creats a risk thereof by: (sections 1, paraa - g).
Section 2: The person engages with at least 1 other person in a course of disorderly conduct as defined in paragraph 1 of this section which is likely to cause substantial harm or serious inconvenience, annoyance or alarm, and refuses or knowlingly fails to obey an order to disperse made by a peace officer to the participants.
So, if a person has a freak attack about me carrying a gun, and the cops show up, am I causing undo alarm or is that person? If I am completely within the letter of the law, minding my own business, who is at fault?
I need to know what the legal decisions on this have been. Or someone could give me an address for the AG office and I will just write them.
Thanks guys,
Gwee
Hey guys, I know I've been away for a while, but I've basically been lurking. I had something come up recently that I thought you should know about, and I need some legal advice.
My CCDW instructor at Shooters Choice in Dover said something that was kind of unsettling to me. While the instructor is knowledgeable in the area of firearms and law enforcement, he is not a lawyer. I'm glad I am taking the course because of the professionalism and experience this gentleman has, but some of his opines are a bit troublesome.
He said in class on monday, after I brought up DE being an OC state that OC while not illegal, was not wise.
"Open carry in the state of Delaware, while legal, is not wise. You have the potential for someone to become scared of you because you have a weapon, and you can be arrested under the disorderly conduct code for causing undo alarm."
I didn't think he was right, but I didn't want to argue with him. I went online and found the disorderly conduct code of Delaware, and there are two mentions (and it has a stipulation on it) about undo alarm.
Delaware Code 1301. Disorderly Conduct
Section 1: The person intentionally causes public inconvenience, annoyance or alamr to any other person, or creats a risk thereof by: (sections 1, paraa - g).
Section 2: The person engages with at least 1 other person in a course of disorderly conduct as defined in paragraph 1 of this section which is likely to cause substantial harm or serious inconvenience, annoyance or alarm, and refuses or knowlingly fails to obey an order to disperse made by a peace officer to the participants.
So, if a person has a freak attack about me carrying a gun, and the cops show up, am I causing undo alarm or is that person? If I am completely within the letter of the law, minding my own business, who is at fault?
I need to know what the legal decisions on this have been. Or someone could give me an address for the AG office and I will just write them.
Thanks guys,
Gwee