Delaware Open Carry

Hi all, I have a question. What is the distance of a "School Zone" Thanks, Steve

1,000 feet from the grounds of a public, parochial or private school.

Includes colleges and universities - read Tile 11, Sec. 1457 for full text and definitions
i.e. Delaware Code, Title 11, Section 1457.

I am new to this site. As far as the school zone goes the 1000 feet of of a school zone I am about 500 feet from school zone so what would be my options for open carry?

de774 wrote:I am new to this site. As far as the school zone goes the 1000 feet of of a school zone I am about 500 feet from school zone so what would be my options for open carry?

Do you mean you live about 500ft from a school zone or that you have to travel a public route that's within 500ft of a school zone?

Yes I live about 500 feet from a grade school

de774 wrote:I am new to this site. As far as the school zone goes the 1000 feet of of a school zone I am about 500 feet from school zone so what would be my options for open carry?

Welcome. Unfortunately, while the state-level law is only an "add-on" type of charge if you commit certain crimes within the zone, the Fed law is an absolute prohibition with a few listed exemptions. Amongst these are things like being on private property or having a license to carry the firearm from the state you're physically in. Unlicensed carry on public property like a street doesn't really fit any of the exemptions. One option would be to get a CCDW.

astro_wanabe wrote:

de774 wrote:I am new to this site. As far as the school zone goes the 1000 feet of of a school zone I am about 500 feet from school zone so what would be my options for open carry?

Welcome. Unfortunately, while the state-level law is only an "add-on" type of charge if you commit certain crimes within the zone, the Fed law is an absolute prohibition with a few listed exemptions. Amongst these are things like being on private property or having a license to carry the firearm from the state you're physically in. Unlicensed carry on public property like a street doesn't really fit any of the exemptions. One option would be to get a CCDW.

That brings up an interesting question. If all law abiding citizens in the State of Delaware are allowed (licensed if you will) to open carry a firearm, how can you be charged while driving within 1000 feet of a school zone? Furthermore, if the U of D is included, that would mean you wouldn't be able to open carry within the City of Newark. This stuff makes my head spin.

NormH3 wrote:That brings up an interesting question. If all law abiding citizens in the State of Delaware are allowed (licensed if you will) to open carry a firearm, how can you be charged while driving within 1000 feet of a school zone? Furthermore, if the U of D is included, that would mean you wouldn't be able to open carry within the City of Newark. This stuff makes my head spin.

Interesting quandry! How can you be charged or even have the added charge (at the state level) if you're legally allowed to OC??

NormH3 wrote: That brings up an interesting question. If all law abiding citizens in the State of Delaware are allowed (licensed if you will) to open carry a firearm, how can you be charged while driving within 1000 feet of a school zone? Furthermore, if the U of D is included, that would mean you wouldn't be able to open carry within the City of Newark. This stuff makes my head spin.

I think there's a big difference between something being de facto lawful because there's no law against it (also no law expressly allowing it), and the state taking specific action to review an application, investigate, and issue a license for something. The fed law exemption in question [18 U.S. Code § 922(q)(2)(B)(ii)] requires that the issuing authority "verify that the individual is qualified under law to receive the license." Nobody verifies that we are allowed to OC and gives us a license before we do so - we just do it.

Also for the fed law the definition of a school zone is:

18 U.S. Code § 921(a)(25) The term “school zone” means—
(A) in, or on the grounds of, a public, parochial or private school; or
(B) within a distance of 1,000 feet from the grounds of a public, parochial or private school.

(26) The term “school” means a school which provides elementary or secondary education, as determined under State law.

so it doesn't apply to post-secondary colleges / universities, like UD in Newark. The state level Safe School and Recreation Zone does but as already noted that isn't a complete prohibition on possession / carry, just an add on charge if you commit certain crimes in the zone.