Post questions here about open and concealed carry, as well as general law questions.
 #106075  by Jonathan
 
The Town of Smyrna is now following Title 22, Section 111(a), in regards to the Smyrna Municipal Park. It took about ten days and multiple emails and phone calls, before the Mayor and the Chief of Police finally did the correct thing and had the weapons and firearms prohibition removed from the rules signs at the park. Rule #6 is now blank. It's not an open carry area though, because it is directly across the street from North Smyrna Elementary School. CCDW license holders will be fine though.
 #106089  by Owen
 
First off, I really resent the idea that a DE CCDW gives such carve out protections. Doesn't comply with DE Constitution Article I, § 20 IMHO.

That said, I am not a lawyer - but if the park is not on school grounds or utilized as a recreation center, athletic field or sports stadium you should be able to OC there.

For federal law to apply it has to be school grounds:
[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;

State law is an adder after an offense is committed:
DE Tile 11, Ch.5, Sub Ch VII, § 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.

(b) The underlying offenses in Title 11 shall be:
(1) Section 1442. — Carrying a concealed deadly weapon; class G felony; class D felony.
(2) Section 1444. — Possessing a destructive weapon; class E felony.
(3) Section 1446. — Unlawfully dealing with a switchblade knife; unclassified misdemeanor.
(4) Section 1448. — Possession and purchase of deadly weapons by persons prohibited; class F felony.
(5) Section 1452. — Unlawfully dealing with knuckles-combination knife; class B misdemeanor.
(6) Section 1453. — Unlawfully dealing with martial arts throwing star; class B misdemeanor.

(c) For the purpose of this section, "Safe School and Recreation Zone" shall mean:
(1) Any building, structure, athletic field, sports stadium or real property owned, operated, leased or rented by any public or private school including, but not limited to, any kindergarten, elementary, secondary or vocational-technical school or any college or university, within 1,000 feet thereof; or
(2) Any motor vehicle owned, operated, leased or rented by any public or private school including, but not limited to, any kindergarten, elementary, secondary, or vocational-technical school or any college or university; or
(3) Any building or structure owned, operated, leased or rented by any county or municipality, or by the State, or by any board, agency, commission, department, corporation or other entity thereof, or by any private organization, which is utilized as a recreation center, athletic field or sports stadium.
 #106094  by Jonathan
 
Owen wrote: For federal law to apply it has to be school grounds:
[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;
Herein, lies the problem: Smyrna Municipal Park isn't private property. It is public property. The section you are referencing is for private property. My home lies within two school zone properties. A public elementary school and a parochial preschool. The section you referenced covers my home and property. I can open carry on my property without having the CCDW permit, even though my home lies within 1000 feet of two school zones. However, if I walked out into the street open carrying, I'd be in violation of Federal, not state law. Here is the statute:

Pursuant to 18 U.S.C. § 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.

What the CCDW permit covers you with isn't State law. Delaware's CCDW process grants a person an exception to the Federal Gun Free School Zones act's 1000 foot zone around a school property. Because Delaware is an open carry state, if one has a Delaware CCDW, one can open carry or conceal carry within the 1000 foot zone by virtue of the CCDW providing exception to the Federal statute.

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;


I'm not a lawyer either, but I wouldn't be open carrying within 1000 feet of a school without a license from the state in which the school is located that meets subsection (ii) in bold above.
 #106100  by Owen
 
I'm not sure the definition of private property is as limited as you imply. I'd like to see it defined because public property is owned. It's owned by all. So the distinction between school or non school property is all I see. This is the crucial issue. I'll have to do more research.

I too live within 1000 feet of a school and it is close to impossible to not be within 1000 feet of a school in some places yet we still have the right to bear arms. The federal law is an excessive overreach. I've asked DE LEO and they say they only enforce DE law. e.g. Open carry is lawful when on non-school property and that includes public streets.

Yet another reason I dislike the "more equal" status supposedly given by a CCDW.

EDIT: I think something else to know is that this law does not protect LEO using their LEOSA carve out.
 #106102  by Owen
 
This is the part that I think makes DE law apply:

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.

My take away is even driving around OC-ing under the Federal definition is unlawful if in a "zone" but this is not enforced in DE because our law is less strict.