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It is currently Tue Mar 26, 2019 2:49 am

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 Post subject: New to Delaware and OC
PostPosted: Tue Jan 23, 2018 10:49 pm 

Joined: Sat Dec 30, 2017 11:36 pm
Posts: 2
Hello Everyone, I am fairly new to Delaware and have found myself in the situation where I may have to open carry because I can not lawfully complete the CCW process. Basically, I don't know five people well enough or long enough to impose on them to complete the reference process. I plan on trying to make it to the February meeting and meeting some of you and hopefully meeting some people with similar policial and social views.

My real questions and concerns with open carry are more with inadvertently or unknowingly breaking the law. I have read what is on the forum and what I can find online but since there is no law allowing open carry it is hard to figure out exactly where I can and can't open carry.

Any information or links you have on where I can open carry would be greatly appreciated. Is it legal to carry in Walmart, Gas Station, Acme, Lowes, Home Depot, movies, walking around town, walking around the city, walking around my neighborhood and so on.

I just want to make sure I am not opening myself up to legal issues this would be so much easier if Delaware didn't require references.

PS has anyone ever tested the legality of references stipulation in the CCW process?

 Post subject: Re: New to Delaware and OC
PostPosted: Wed Jan 24, 2018 2:36 am 

Joined: Sat Mar 06, 2010 3:30 pm
Posts: 1549
Location: Newark, DE
Hi and welcome!

Simply, you can carry anywhere it is not legally prohibited. I know that isn't very clear but the basic (and very general) premise in our criminal law system is that you are assumed to have the freedom to do what you want unless a specific thing is defined as a crime in the law. Give the FAQ a read (top of page, especially #3 - note that the ban on carry in state parks / wildlife management areas is in a state of change, as it was recently struck down but they are already trying to pass new restrictions). Delaware does not have many places that are prohibited by law. None of the items you listed are prohibited by law - with the exception that carrying in a Gun Free School Zone is illegal under Federal law without a license to carry, so try not to pass within 1000' of school property while carrying.

In general at private businesses you must be asked to leave, and if you refuse then you can be charged with trespassing. A "no guns" sign on the door of the business does not hold any legal weight. So, if you're asked to leave a business, just politely take your money somewhere else.

I'm not aware of any challenges to the reference requirement. Our courts have allowed fairly wide latitude in what the state can require for a CCDW license as CC is seen as a privilege, as opposed to OC which is seen as more of a right. IIRC this stems from a general standard of allowing restriction on CC as long as another form of exercising the right to carry - OC - is available (even if it isn't as appealing for the situation). Of course there are some scenarios where the state is allowed to completely prohibit the right to carry for the needs of the state, such as securing detention facilities / courts / etc.

"Be Prepared"

 Post subject: Re: New to Delaware and OC
PostPosted: Wed Jan 24, 2018 9:44 am 
User avatar

Joined: Wed Dec 19, 2012 12:23 pm
Posts: 1611
Location: Newark DE
Welcome again and we're glad to have ya! Astro pretty much covered all of the bases in hiis reply. Just remember, you don't have to wait for the official monthly meeting in order to hang out with folks. If you get a hankering to hit up the range or even just go out to eat, post up and invite others to join ya. Both of the afore-mentioned activities are highly appreciated by those of us here! :lol: Hope I get to meet ya!

Your life is made up of 2 dates and a dash... make the most of the dash!


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