Current events, goings-on in Delaware and anything else of interest here.
 #3036  by cappilot06
 
Just PM'd you guys with this, but here is what I sent.

Hey guys,
It's not 6 yet, but I'm looking at the radar and the rain is already in Baltimore. I'm guessing it wil be raining here by 7:30. I don't see any break of any kind that would give me hope that it would let up by 9:15 or so for fireworks.
I want to OC tonight more than anything but I can't see dragging the girls out for nothing when there normal bedtime is 8. Everyone else take a look and see if you agree. Why couldn't it have held off until tomorrow!!! Let me know your thoughts.
 #3037  by Wynder
 
Accuweather.com says it'll be muggy, showers at 7, and fog at 8 on till after fireworks...

Luck of the draw there. I'd probably still be up for going...
 #3038  by Wynder
 
If tonight's not doable, how about desert somewhere?
 #3111  by cappilot06
 
Due to the fact that we are now past the 4th, I believe it may have been a good excuse for my letter of last week to be ignored. Since I think it would be in all of our best interests to have a written stance by the City of Wilmington on open-carrry, I sent the following letter this morning. I simply forwarded my email from last week but added the following:

Chief Szczerba,
I sent the following letter to Mr. Rago last Thursday, and I believe he was going to forward it to you. I am very interested in getting a written statement of the city's position on the lawful open-carry of a firearm within city limits. I have verified with the State Attorney General's office that Wilmington has no pre-existing statute that could possibly over-ride the State Code which allows open-carry of a firearm. I had no problems on the 4th at the Riverfront (see my letter below), but I am concerned that not all city law enforcement personnel are so educated on the law. I hope that you're office will make it a point to dispel the myth that the simple act of carrying a handgun is illegal. My goal is to prevent a court-battle with the city should an illegal/unlawful arrest be made against a citizen who is lawfully open-carrying.

Respectfully,
Carl XXXXX
Biochemist-Syva Conjugate Group
Siemens Healthcare Diagnostics, Inc.
100 GBC Drive, M.S. 117
Newark, DE 19714
302-631-7824

I never said that I carried on the 4th, just that I didn't have a problem (since I was never really there!! :D ). They can't possibly say I can't OC, but I will immediately forward it to the next higher power if they try to say we can't. I will post whatever response I get.
 #3113  by cappilot06
 
Dave,
As much as you thought you would have a target on your back from the AG's office, I probably have a bigger one on my back right now with the WPD.LOL.
 #3114  by cappilot06
 
Mr. Clark,



I am in receipt of your e-mail below concerning the carrying of firearms. Please see the following Statute from the Delaware Code:



West's Delaware Code Annotated Currentness

Title 11. Crimes and Criminal Procedure

Part I. Delaware Criminal Code

Chapter 5. Specific Offenses

Subchapter VII. Offenses against Public Health, Order and Decency

Subpart E. Offenses Involving Deadly Weapons and Dangerous Instruments

§ 1441. License to carry concealed deadly weapons

(a) A person of full age and good moral character desiring to be licensed to carry a concealed deadly weapon for personal protection or the protection of the person's property may be licensed to do so when the following conditions have been strictly complied with:

(1) The person shall make application therefore in writing and file the same with the Prothonotary of the proper county, at least 15 days before the then next term of the Superior Court, clearly stating that the person is of full age and that the person is desirous of being licensed to carry a concealed deadly weapon for personal protection or protection of the person's property, or both, and also stating the person's residence and occupation. The person shall submit together with such application all information necessary to conduct a criminal history background check. The Superior Court may conduct a criminal history background check pursuant to the procedures set forth in Chapter 85 of Title 11 for the purposes of licensing any person pursuant to this section.

(2) At the same time the person shall file, with the Prothonotary, a certificate of 5 respectable citizens of the county in which the applicant resides at the time of filing the application. The certificate shall clearly state that the applicant is a person of full age, sobriety and good moral character, that the applicant bears a good reputation for peace and good order in the community in which the applicant resides, and that the carrying of a concealed deadly weapon by the applicant is necessary for the protection of the applicant or the applicant's property, or both. The certificate shall be signed with the proper signatures and in the proper handwriting of each such respectable citizen.

(3) Every such applicant shall file in the office of the Prothonotary of the proper county the application verified by oath or affirmation in writing taken before an officer authorized by the laws of this State to administer the same, and shall under such verification state that the applicant's certificate and recommendation were read to or by the signers thereof and that the signatures thereto are in the proper and genuine handwriting of each. Prior to the issuance of an initial license the person shall also file with the Prothonotary a notarized certificate signed by an instructor or authorized representative of a sponsoring agency, school, organization or institution certifying that the applicant: (i) has completed a firearms training course which contains at least the below described minimum elements; and (ii) is sponsored by a federal, state, county or municipal law enforcement agency, a college, a nationally recognized organization that customarily offers firearms training, or a firearms training school with instructors certified by a nationally recognized organization that customarily offers firearms training. The firearms training, course shall include the following elements:

a. Instruction regarding knowledge and safe handling of firearms;

b. Instruction regarding safe storage of firearms and child safety;

c. Instruction regarding knowledge and safe handling of ammunition;

d. Instruction regarding safe storage of ammunition and child safety;

e. Instruction regarding safe firearms shooting fundamentals;

f. Live fire shooting exercises conducted on a range, including the expenditure of a minimum of 100 rounds of ammunition;

g. Identification of ways to develop and maintain firearm shooting skills;

h. Instruction regarding federal and state laws pertaining to the lawful purchase, ownership, transportation, use and possession of firearms;

i. Instruction regarding the laws of this State pertaining to the use of deadly force for self defense; and

j. Instruction regarding techniques for avoiding a criminal attack and how to manage a violent confrontation, including conflict resolution.

(4) At the time the application is filed, the applicant shall pay a fee of $34.50 to the Prothonotary issuing the same.

(5) The license issued upon initial application shall be valid for 2 years. On or before the date of expiration of such initial license, the licensee, without further application, may renew the same for the further period of 3 years upon payment to the Prothonotary of a fee of $34.50, and upon filing with said Prothonotary an affidavit setting forth that the carrying of a concealed deadly weapon by the licensee is necessary for personal protection or protection of the person's property, or both, and that the person possesses all the requirements for the issuance of a license and may make like renewal every 3 years thereafter; provided, however, that the Superior Court, upon good cause presented to it, may inquire into the renewal request and deny the same for good cause shown. No requirements in addition to those specified in this paragraph may be imposed for the renewal of a license.
(b) The Prothonotary of the county in which any applicant for a license files the same shall cause notice of every such application to be published once, at least 10 days before the next term of the Superior Court. The publication shall be made in a newspaper of general circulation published in the county. In making such publication it shall be sufficient for the Prothonotary to do the same as a list in alphabetical form stating therein simply the name and residence of each applicant respectively.
(c) The Prothonotary of the county in which the application for license is made shall lay before the Superior Court, at its then next term, all applications for licenses, together with the certificate and recommendation accompanying the same, filed in the Prothonotary's office, on the 1st day of such application.
(d) The Court may or may not, in its discretion, approve any application, and in order to satisfy the Judges thereof fully in regard to the propriety of approving the same, may receive remonstrances and hear evidence and arguments for and against the same, and establish general rules for that purpose.
(e) If any application is approved, as provided in this section, the Court shall endorse the word "approved" thereon and sign the same with the date of approval. If not approved, the Court shall endorse the words "not approved" and sign the same. The Prothonotary, immediately after any such application has been so approved, shall notify the applicant of such approval, and following receipt of the notarized certification of satisfactory completion of the firearms training course requirement as set forth in paragraph (a)(3) of this section above shall issue a proper license, signed as other state licenses are, to the applicant for the purposes provided in this section and for a term to expire on June 1 next succeeding the date of such approval.
(f) The Secretary of State shall prepare blank forms of license to carry out the purposes of this section, and shall issue the same as required to the several Prothonotaries of the counties in this State. The Prothonotaries of all the counties shall affix to the license, before lamination, a photographic representation of the licensee.
(g) The provisions of this section do not apply to the carrying of the usual weapon by the police or other peace officers.
(h) Notwithstanding any provision to the contrary, anyone retired as a police officer, as "police officer" is defined by § 1911 of this title, who is retired after having served at least 20 years in any law-enforcement agency within this State, or who is retired and remains currently eligible for a duty-connected disability pension, may be licensed to carry a concealed deadly weapon for the protection of that retired police officer's person or property after that retired police officer's retirement, if the following conditions are strictly complied with:

(1) If that retired police officer applies for the license within 90 days of the date of that retired police officer's retirement, the retired police officer shall pay a fee of $34.50 to the Prothonotary in the county where that retired police officer resides and present to the Prothonotary both:

a. A certification from the Attorney General's office, in a form prescribed by the Attorney General's office, verifying that the retired officer is in good standing with the law-enforcement agency from which the retired police officer is retired; and

b. A letter from the chief of the retired officer's agency verifying that the retired officer is in good standing with the law-enforcement agency from which the retired police officer is retired; or

(2) If that retired police officer applies for the license more than 90 days, but within 20 years, of the date of that retired police officer's retirement, the retired police officer shall pay a fee of $34.50 to the Prothonotary in the county where the retired police officer resides and present to the Prothonotary certification forms from the Attorney General's office, or in a form prescribed by the Attorney General's office, that:

a. The retired officer is in good standing with the law-enforcement agency from which that retired police officer is retired;

b. The retired officer's criminal record has been reviewed and that the retired police officer has not been convicted of any crime greater than a violation since the date of the retired police officer's retirement; and

c. The retired officer has not been committed to a psychiatric facility since the date of the retired police officer's retirement.
(i) Notwithstanding anything contained in this section to the contrary, an adult person who, as a successful petitioner seeking relief pursuant to Part D, subchapter III of Chapter 9 of Title 10, has caused a protection from abuse order containing a firearms prohibition authorized by § 1045(a)(8) of Title 10 or a firearms prohibition pursuant to § 1448(a)(6) of this title to be entered against a person for alleged acts of domestic violence as defined in § 1041 of Title 10, shall be deemed to have shown the necessity for a license to carry a deadly weapon concealed for protection of themselves pursuant to this section. In such cases, all other requirements of subsection (a) of this section must still be satisfied.
(j) Notwithstanding any other provision of this Code to the contrary, the State of Delaware shall give full faith and credit and shall otherwise honor and give full force and effect to all licenses/permits issued to the citizens of other states where those issuing states also give full faith and credit and otherwise honor the licenses issued by the State of Delaware pursuant to this section and where those licenses/permits are issued by authority pursuant to state law and which afford a reasonably similar degree of protection as is provided by licensure in Delaware. For the purpose of this subsection "reasonably similar" does not preclude alternative or differing provisions nor a different source and process by which eligibility is determined. Notwithstanding the forgoing, if there is evidence of a pattern of issuing licenses/permits to convicted felons in another state, the Attorney General shall not include that state under the exception contained in this subsection even if the law of that state is determined to be "reasonably similar." The Attorney General shall communicate the provisions of this section to the Attorneys General of the several states and shall determine those states whose licensing/permit systems qualify for recognition under this section. The Attorney General shall publish on January 15th of each year a list of all States which have qualified for reciprocity under this subsection. Such list shall be valid for one year and any removal of a State from the list shall not occur without 1 year's notice of such impending removal. Such list shall be made readily available to all State and local law-enforcement agencies within the State as well as to all then-current holders of licenses issued by the State of Delaware pursuant to this Section.
(k) The Attorney General shall have the discretion to issue, on a limited basis, a temporary license to carry concealed a deadly weapon to any individual who is not a resident of this State and whom the Attorney General determines has a short-term need to carry such a weapon within this State in conjunction with that individual's employment for the protection of person or property. Said temporary license shall automatically expire 30 days from the date of issuance and shall not be subject to renewal, and must be carried at all times while within the State. However, nothing contained herein shall prohibit the issuance of a 2nd or subsequent temporary license. The Attorney General shall have the authority to promulgate and enforce such regulations as may be necessary for the administration of such temporary licenses. No individual shall be issued more than 3 temporary licenses.
(l) All applications for a temporary license to carry a concealed deadly weapon made pursuant to subsection (k) of this section shall be in writing and shall bear a notice stating that false statements therein are punishable by law.



Please note, that if you have been issued a license to carry a concealed deadly weapon by the State of Delaware, then this license itself is in fact, the “something in writing”, which you have requested. If however, you have not obtained a license to carry a concealed deadly weapon by the State of Delaware, then you are carrying a weapon, illegally and if stopped by the police, you will be arrested for carrying without a license to carry.


I hope the information above is of assistance to you. Should you have any further questions and/or concerns please do not hesitate to contact me directly, as I would be more than happy to discuss this matter with you.



Respectfully,

Jaime Prater

______________________________

Jaime L. Prater

Paralegal to the State Prosecutor

Delaware Attorney General's Office

(302) 577-8500 (phone)

Jaime.Prater@state.de.us

IS THIS GUY FOR REAL???
 #3115  by cappilot06
 
My response. I'm so mad right now it's not funny. :evil:

Mr. Prader,
I have to respectfully disagree with you. And my stance is supported by Attorney General Biden. While there are statutes that restrict the carrying of concealed weapons, there is no law that makes illegal the open carrying of weapons because it is protected by Article I, Section 20 of the Delaware State Constitution. If I am carrying a concealed weapon, I am required to have a CCDW permit. However, if I am not concealing my weapon, and am legally allowed to own said firearm (i.e. not a convicted felon and over the age of 18), I am not breaking ANY law of the State of Delaware. Please forward me the statute the states that OPEN-carry of a firearm is against the law. The statute you have quoted below if for carry of a concealed weapon. If you can quote me the law that makes open-carry illegal I will stand corrected. However, that law does not exist. It is interesting that every State Trooper, New Castle County officer, and most other law enforcement officers are aware of the legality of open-carry but your office does not.
Respectfully,
Carl XXXX
Last edited by cappilot06 on Mon Jul 07, 2008 11:07 am, edited 1 time in total.
 #3117  by cappilot06
 
Guys I think we may need to really come together as a group here if this is the response we are going to get from the AG's office. I have asked in my response above for a quote of the law that he is claiming makes OC illegal. He won't be able to do it, but I'm curious of his response. Any other suggestions here??
 #3118  by cappilot06
 
mustangdave wrote:Wow, did he even read you email? You were talking about open carry, not concealed carry.
Oh I think he knew perfectly well what I was asking. I think he is trying to "scare" us into not carrying. Keep in mind that my letter was written to the Chief of Police of the WPD. Somehow it's made its way to the AG's office...interesting huh.
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