NormH3 wrote:So you still need a CCW to open carry...correct? Sorry, I don't read legal-eaze very well.Legal-eaze... there's an oxymoron!
Your life is made up of 2 dates and a dash... make the most of the dash!
NormH3 wrote:So you still need a CCW to open carry...correct? Sorry, I don't read legal-eaze very well.Legal-eaze... there's an oxymoron!
NormH3 wrote:So you still need a CCW to open carry...correct? Sorry, I don't read legal-eaze very well.i see nothing in there that changes the status quo .... it mainly reads on prohibition and exceptions to carry and possession in municipal buildings
Pjd832 wrote:reading through the above link i don't agree that anything has changed regarding open carry ....Actually, I think you are correct. Dover code never did actually prohibit OC, but the confusing language which has now been deleted could easily be misinterpreted and result in an illegal arrest. Remember, Open carry is legal because code has not made it illegal.
(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:Notice the "if required" part. A license is not required for open carry. Also, notice that the license being referred to is Delaware's CCDW, a license that merely allows you to carry your deadly weapons concealed. It's not a license to have weapons, or to carry them openly, but merely a license to carry them concealed.
(1) On owner's property. Possession within the possessor's own domicile or business.
(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.
Jonathan wrote:Does anyone know if this repeal applies to Dover's grandfathered ban on weapons in their parks, as well? IIRCC, that ordinance preceded the preemption date of July 4th, 1985. It would be nice to be able to carry in the parks.That part, regarding carry in parks, was not 'grandfathered.' The part of the code deleted and re-written is Sec. 70-2. - Weapons generally, which has nothing to do with parks.
Jonathan wrote:I see I wasn't clear in my statement. What I meant was that the recently deleted and re-written code (Sec. 70-2) had nothing to do with parks or with preemption.That part, regarding carry in parks, was not 'grandfathered.' The part of the code deleted and re-written is Sec. 70-2. - Weapons generally, which has nothing to do with parks.I was referring to the ordinance prohibiting firearms in Dover parks being grandfathered under Delaware's preemption statute. I don't have time to look it up right now, but I am pretty sure that ordinance has been in effect since about 1975. I guess that carrying in Dover Parks is still legally prohibited.
Title 22. Municipalities(IANALNDIPOOTV)
Chapter 1. General Provisions
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.