Current events, goings-on in Delaware and anything else of interest here.
 #110585  by Kuntryboy816
 
Post office... police stations...?? Are you asking if you're legally allowed to carry on the UofD campus?
 #110587  by Rpatten26
 
Pretty much. I deliver food all over Newark, so just trying to make sure I won’t get arrested for ocing around the area. I called the police station to ask questions but they just kept saying why would you want to? Are you trying to start stuff? So I just hung up.
 #110591  by Kuntryboy816
 
Yeah the police are NOT a good source for legal advice. I know that you are legally allowed to carry in the city of Newark minus the specified areas such as federal buildings (post offices and the like) and some designated state buildings such as courthouses and police stations. As far as campus carry, I would have to do some research as it's been quite a while since I had to worry about it. That is simply because since I obtained my CCDW, I am now exempt on the federal level to carry on school property. As far as the law goes, I believe that the GFSZA only aplies to primary and secondary educational institutes and does not cover higher educational places such as colleges... but I could be mistaken on that. Here are some resources to get you started but I hope that someone more knowlegeable will chime in on it.

Deloc FAQ page:
http://www.deloc.org/faq.php

Delaware law:
http://delcode.delaware.gov/title11/c00 ... 644_148372

Gun Free School Zone Act info:
https://en.wikipedia.org/wiki/Gun-Free_ ... ct_of_1990
 #110592  by Kuntryboy816
 
Gun Free School Zone Act exceptions:

Exceptions[edit]

Pursuant to 18 U.S.C. § 922(q)(2)(B):


[18 U.S.C. § 922(q)(2)(A)] does not apply to the possession of a firearm—

(i) on private property not part of school grounds;

(ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;

(iii) that is—

(I) not loaded; and

(II) in a locked container, or a locked firearms rack that is on a motor vehicle;

(iv) by an individual for use in a program approved by a school in the school zone;

(v) by an individual in accordance with a contract entered into between a school in the school zone and the individual or an employer of the individual;

(vi) by a law enforcement officer acting in his or her official capacity; or

(vii) that is unloaded and is possessed by an individual while traversing school premises for the purpose of gaining access to public or private lands open to hunting, if the entry on school premises is authorized by school authorities.

Pursuant to 18 U.S.C. § 922(q)(3)(B):

[18 U.S.C. § 922(q)(3)(A)] does not apply to the discharge of a firearm—

(i) on private property not part of school grounds;

(ii) as part of a program approved by a school in the school zone, by an individual who is participating in the program;

(iii) by an individual in accordance with a contract entered into between a school in a school zone and the individual or an employer of the individual; or

(iv) by a law enforcement officer acting in his or her official capacity.
 #110597  by Owen
 
As I understand it the federal GFSZ law does not supersede state law if state law speaks to GFSZ.

18 U.S.C. § 922 (q) (4) Nothing in this subsection shall be construed as preempting or preventing a State or local government from enacting a statute establishing gun free school zones as provided in this subsection.

DE state law makes GFSZ an adder that applies after a crime has been committed. You have to commit a crime in the GFSZ first. Merely possessing a firearm in a GFSZ is not a crime if you are there legally.

Delaware Title 11 Chapter 5 § 1457 Possession of a weapon in a Safe School and Recreation Zone; class D, E, or F felony; class A or B misdemeanor.

(a) Any person who commits any of the offenses described in subsection (b) of this section, or any juvenile who possesses a firearm or other deadly weapon, and does so while in or on a "Safe School and Recreation Zone" shall be guilty of the crime of possession of a weapon in a Safe School and Recreation Zone.


So I believe that Delaware is actually less limiting to open carry in a GFSZ than a state without it's own GFSZ law. But I am not a lawyer.
 #110598  by airman1968
 
So when the authorities answer a question with a question that is the reason people get pissed off. The PD should have refer you to some legal forum or answered the question. :x
 #110602  by josephjanes
 
U of D policy is no weapons on campus. (Google "UD - Weapons")
However, I'm wondering if this is enforceable -- is UD property state-owned, similar to a state park, and once that case goes to Del. Supreme Court, will that ruling (hopefully in our favor) apply to UD, DelTech, DSU, etc. ?
As an aside, I saw a UD student in Starbuck's yesterday with a pepper spray attached to her purse. I asked if anyone (faculty, police, etc.) had ever given her a hard time. They had not. I've seen others with a pepper spray. This is good, since Title 11, Sec. 1443 excludes pepper spray as 'dangerous instrument', as 'dangerous instruments' are prohibited by same UD Weapons Policy.
 #110603  by Amy Blackthorn
 
Policy does not dictate law. It applies to UD students and faculty. A random dude delivering pizzas can no more be held accountable for breaking policy than for breaking their dress code.


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 #110604  by josephjanes
 
Amy and I disagree on UD's ability to enforce their 'policy' on non-student. I suspect they will at least ask you to leave (escort you off property?) and forbid further entry, enforceable under 'Trespass' statutes. At least with a CCDW, no one will (should) know.
Also, consider that without a CCDW (issued by DE) license, you are in violation of Federal GFSZ Act just driving past (within 1000' of) a school (grades K-12). Whether or not it's enforced is a separate matter - apparently none of the LEO's enforce it, since I haven't heard of any instances. See thread from back in 2008 on this - Google 'Gun-Free School Zone "legalities" from June 24, 2008 on DELOC.org site.
And there are a lot of schools in Newark -approx 12- plus many more in surrounding suburbs!!
Local LEO's probably not interested in enforcing Federal law on 'peaceable' person. Just my opinion.