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 Post subject: State Parks
PostPosted: Sun Sep 25, 2016 3:56 pm 
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Joined: Thu Oct 06, 2011 9:43 am
Posts: 576
Location: Kennett Square, PA
State Parks are still no carry zones right? I thought this was being challenged but didn't have time to investigate before a company picnic there...


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 Post subject: Re: State Parks
PostPosted: Sun Sep 25, 2016 4:58 pm 
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Joined: Sat Mar 06, 2010 3:30 pm
Posts: 1556
Location: Newark, DE
I haven't heard of any updates on a challenge so still illegal AFAIK. That's something we would have heard about.

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 Post subject: Re: State Parks
PostPosted: Tue Sep 27, 2016 8:41 am 
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Joined: Thu Feb 20, 2014 9:49 am
Posts: 116
Update on the lawsuit: The parties had cross-moved for judgment on the pleadings (i.e., each side told the court that the case could be resolved as a matter of law without discovery and a trial) earlier this year. Vice Chancellor Glasscock held an oral argument in early June and apparently decided that the case needed to be transferred out of the Court of Chancery to the Superior Court. So the case was refiled in Superior Court in June. The new case number is S16C-06-018 THG, and it's before Resident Judge T. Henley Graves in Sussex County.

The parties renewed their cross-motions for judgment on the pleadings in the Superior Court case, and those are still pending. Judge Graves has also asked for some additional written submissions about the history of the state park and state forest regulations.

I don't have a good sense for when to expect a decision. The normal rule is that motions like this should be decided within 90 days of full submission, but it's not clear to me whether the motions have been fully submitted, or whether the Court is going to allow more written submissions or an oral argument.

Bottom line is the regulations barring carry in state parks and state forests are still in effect, but the case is still ongoing.


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 Post subject: Re: State Parks
PostPosted: Tue Sep 27, 2016 9:04 am 
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Joined: Thu Sep 10, 2009 1:54 pm
Posts: 3176
Location: Newark, Delaware
The 90-day "clock" is not mandatory but aspirational (judges should try to issue decisions within the timetable). Also, the "clock" does not start to run until all matters are fully submitted and each event triggers a new "clock." So, if further written submissions are requested, the clock does not start to run until those are fully submitted. Then, if oral argument is scheduled down the road, the clock resets when oral argument concludes, etc.


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