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 Post subject: Information Requested...
PostPosted: Sat Nov 26, 2016 8:56 am 
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Joined: Sat Nov 26, 2016 8:16 am
Posts: 1
Greetings all. I'm new here to this Forum and have been a resident in Delaware for 3 1/2 years now. My question involves the getting of precise information concerning carrying a firearm on private property CONCEALED... please hear my position.

Okay... I'm a senior citizen. I live in a private senior citizen community here in Delaware. I own my own home in it though the property its on is rented and the entire community is private property.

I am no significant person in my community of Camden... I'm just an ordinary Joe. Being a former Marine during the Veit Nam Era I'm no stranger to firearms. I've personally legally owned a dozen handguns and shot guns in my former State. I have a pristine civil record in 6 States as well as such with the FBI in more recent times.

My statement is... being a senior citizen I'm more vulnerable to attack to my person than a youth. In my neck of the woods coyotes have been spotted and I walk my hunting dog 2 X daily in the dark in my community... early morning and late at night. Very lately, crime has come to my community in the form or auto break-ins... on one occasion such was by 2 men coming at night in a get-away car. I don't need to encounter thugs face to face here at night. There simply is no aid to be had by anyone here besides myself.

Being that I live in a community of seniors on private property and being I simply refuse to be set upon by attackers be they human or animal, I conceal carry a loaded pistol here and only here for my own protection and that of my dog who is as lame in the limbs as I am. I have no other reason on earth to do this than that already stated. Also, I believe it prudent not to frighten my neighbors by open carrying which is simply as unsafe as can be. I've many a time had strollers and bicycle riders come up on me from behind unaware. I do not and will not carry concealed any where in Delaware other than in my senior community.

Lastly, although I'm soon to be applying for a concealed permit, I vehemently criticize Del. Law having to pay over 500 dollars to " maybe " be issued a permit to carry concealed. I'm on a fixed income and 500 dollars buys a lot of groceries. Such qualifying requirements are strictly biased AGAINST seniors let alone honorably discharged senior Veterans.

The question after all this fanfare is... can someone direct me to actual Delaware State Laws specifically addressing carrying a concealed firearm on limited circumstances such as mine on Private Property ? Many thanks for hearing me out.


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 Post subject: Re: Information Requested...
PostPosted: Sun Nov 27, 2016 4:47 pm 
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Joined: Sat Mar 06, 2010 3:30 pm
Posts: 1558
Location: Newark, DE
There are no exceptions or exemptions in the codified statute for carrying a concealed deadly weapon on your own property or in other "limited circumstances."
Quote:
§ 1442 Carrying a concealed deadly weapon; class G felony; class D felony.

A person is guilty of carrying a concealed deadly weapon when the person carries concealed a deadly weapon upon or about the person without a license to do so as provided by § 1441 of this title.

Carrying a concealed deadly weapon is a class G felony, unless the deadly weapon is a firearm, in which case it is a class D felony.

It shall be a defense that the defendant has been issued an otherwise valid license to carry a concealed deadly weapon pursuant to terms of § 1441 of this title, where:

(1) The license has expired,

(2) The person had applied for renewal of said license within the allotted time frame prior to expiration of the license, and

(3) The offense is alleged to have occurred while the application for renewal of said license was pending before the court.


There is however a court case that found carrying a concealed deadly weapon could be justified under some limited circumstances using a 3 prong test. Your "limited circumstances" may or may not fall within what the Court feels is acceptable under this 3 prong test, and there's no way to know unless you get charged with the felony crime of CC'ing without a CCDW license, so personally I wouldn't risk it but that's your choice to make. Here's the decision:
http://courts.delaware.gov/opinions/download.aspx?ID=174080

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 Post subject: Re: Information Requested...
PostPosted: Sun Nov 27, 2016 5:44 pm 
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Joined: Thu Sep 10, 2009 1:54 pm
Posts: 3176
Location: Newark, Delaware
I would not be carrying a firearm concealed outside of my actual home (not even in the yard) without a permit.

With that said, please note that you can carry openly in Delaware, without a permit, other than in Dover and restricted buildings/places. If you have a clean record, the "maybe" part of the permitting process is pretty much a non-issue. You will be approved in Delaware UNLESS something raises red flags. Our "may issue" process operates almost exactly the same as a "shall issue" except with more hoops and more cost.


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 Post subject: Re: Information Requested...
PostPosted: Mon Nov 28, 2016 4:41 pm 
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Joined: Sat Dec 27, 2008 11:02 pm
Posts: 4163
Location: Pencader Hundred
GatorDude wrote:
... you can carry openly in Delaware, without a permit, other than in Dover ....
Open carry in Dover is now the same as the rest of the state of DE.

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 Post subject: Re: Information Requested...
PostPosted: Mon Nov 28, 2016 4:44 pm 
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Joined: Sat Mar 22, 2008 6:51 pm
Posts: 4687
Location: Newark, DE
The Dover carry restriction has been struck down.

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 Post subject: Re: Information Requested...
PostPosted: Mon Nov 28, 2016 5:05 pm 
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Joined: Mon Apr 08, 2013 5:33 pm
Posts: 817
You have 3 options

1. Don't Carry
2. Open Carry
3. Conceal Carry without a permit (And risk whatever consequences may befall that)
4. Pay the $$ for your government permission slip.

Choose.

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Guns that go "Pew"= Ok.
Guns that go "Pew-Pew-Pew" = not ok.

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 Post subject: Re: Information Requested...
PostPosted: Mon Nov 28, 2016 7:14 pm 
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Joined: Tue Feb 11, 2014 8:49 am
Posts: 606
Location: NOT Bear - Christiana Area
brich2929 wrote:
You have 3 options

1. Don't Carry
2. Open Carry
3. Conceal Carry without a permit (And risk whatever consequences may befall that)
4. Pay the $$ for your government permission slip.

Choose.


Well said Rich.

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"The purpose of the pistol is to stop a fight that somebody else has started, almost always at very short range." -- Jeff Cooper

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 Post subject: Re: Information Requested...
PostPosted: Tue Nov 29, 2016 8:26 am 
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Joined: Mon Apr 08, 2013 5:33 pm
Posts: 817
NCC wrote:
brich2929 wrote:
You have 3 options

1. Don't Carry
2. Open Carry
3. Conceal Carry without a permit (And risk whatever consequences may befall that)
4. Pay the $$ for your government permission slip.

Choose.


Well said Rich.

8-)

_________________
μολὼν λαβέ

Guns that go "Pew"= Ok.
Guns that go "Pew-Pew-Pew" = not ok.

~Joe Biden


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 Post subject: Re: Information Requested...
PostPosted: Tue Nov 29, 2016 9:53 am 
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Joined: Thu Sep 10, 2009 1:54 pm
Posts: 3176
Location: Newark, Delaware
myopicvisionary wrote:
The Dover carry restriction has been struck down.


OMG...I was so used to saying it that it slipped my mind that it no longer applies. :banghead:


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