Post questions here about open and concealed carry, as well as general law questions.
 #30255  by Godasmypilot
 
I have a boat and I like to go saltwater fishing. I read in my hunting regulations that a loaded firearm is not allowed under way. Does this apply to tidal waters as well?
 #30262  by George
 
Title 7 DNREC
5.3 All laws, rules and regulations as established by the Department governing boating in the State of Delaware shall apply to all ponds, lakes, rivers, canals, waterways, and marinas owned, leased, licensed or under the jurisdiction of the Division.
24.0 Hunting, Fishing and Wildlife Management
24.3 It shall be unlawful to display, possess or discharge firearms of any description, air rifles, B.B. guns, sling shots or archery equipment upon any lands or waters administered by the Division[/b], except by those persons lawfully hunting in those areas specifically designated for hunting by the Division, or those with prior written approval of the Director.
28.0 Penalty and Court Powers
28.1 In accordance with the provisions set forth in the 7 Del.C. §4702(a), violators of the Rules and Regulations promulgated by the Department of Natural Resources and Environmental Control, Division of Parks and Recreation, shall be fined not less than $25.00 nor more than $250.00 and costs for each offense, or imprisoned not more than thirty (30) days or both. For each subsequent like offense, he/she shall be fined not less than $50.00 nor more than $500.00. In addition to such fines, costs or imprisonment, any person who is convicted of any violation involving the damage, destruction or removal of property owned or administered by the State shall be required to make restitution to the Department for replacement or restoration of such property. Furthermore, in lieu of or in addition to the aforesaid penalties, the court may order violators convicted of violations involving the damage, destruction, or removal of State Park property to perform work projects in State Parks.
 #30267  by Boots
 
Title 7 DNREC
5.3 All laws, rules and regulations as established by the Department governing boating in the State of Delaware shall apply to all ponds, lakes, rivers, canals, waterways, and marinas owned, leased, licensed or under the jurisdiction of the Division.
24.0 Hunting, Fishing and Wildlife Management
24.3 It shall be unlawful to display, possess or discharge firearms of any description, air rifles, B.B. guns, sling shots or archery equipment upon any lands or waters administered by the Division[/b], except by those persons lawfully hunting in those areas specifically designated for hunting by the Division, or those with prior written approval of the Director.
28.0 Penalty and Court Powers
28.1 In accordance with the provisions set forth in the 7 Del.C. §4702(a), violators of the Rules and Regulations promulgated by the Department of Natural Resources and Environmental Control, Division of Parks and Recreation, shall be fined not less than $25.00 nor more than $250.00 and costs for each offense, or imprisoned not more than thirty (30) days or both. For each subsequent like offense, he/she shall be fined not less than $50.00 nor more than $500.00. In addition to such fines, costs or imprisonment, any person who is convicted of any violation involving the damage, destruction or removal of property owned or administered by the State shall be required to make restitution to the Department for replacement or restoration of such property. Furthermore, in lieu of or in addition to the aforesaid penalties, the court may order violators convicted of violations involving the damage, destruction, or removal of State Park property to perform work projects in State Parks.
People with a history of carrying a handgun on their hip for personal protection might be within the law. (or, might be able to sucessfully defend against this in court. ;) )
 #30271  by Godasmypilot
 
Thanks George!

Uh, honest suh', I jus' carry this here Beretta in case I get the big one! :lol:

Yeah, I'd be pretty concerned about going offshore without some sort of means of defense. And bay fishing, if it's anything like being in the Manasquan RIver back in Jersey, is no cakewalk either on a weekend.

When was that DNREC code established? I'm wondering because of the preemption law. Of course it's obviously unconstitutional.
 #30273  by George
 
only municipalities and county laws are preempted. DNREC is a state agency. IANAL
 #86578  by dean
 
George wrote: 24.3It shall be unlawful to display, possess or discharge firearms of any description, air rifles, B.B. guns, sling shots or archery equipment upon any lands or waters administered by the Division, except by those persons lawfully hunting in those areas specifically designated for hunting by the Division, or those with prior written approval of the Director.
Bumping this due to the similarity of the way permits are handled in Dover. I just got my permit for Dover last month or so.

I was looking up info on OC'ing while on a boat and found this thread. Thanks, George. I'm gonna send in a letter sometime in the near future.
 #86579  by sanman9781
 
and I think that it's also a DNREC regulation that prevents having a loaded shotgun in one's vehicle...(or is it any long gun?)...
 #86580  by Taurus247
 
dean wrote:
George wrote: 24.3It shall be unlawful to display, possess or discharge firearms of any description, air rifles, B.B. guns, sling shots or archery equipment upon any lands or waters administered by the Division, except by those persons lawfully hunting in those areas specifically designated for hunting by the Division, or those with prior written approval of the Director.
Bumping this due to the similarity of the way permits are handled in Dover. I just got my permit for Dover last month or so.
How long did it take to get your letter from Dover?
 #86587  by dean
 
Taurus247 wrote:
dean wrote:
George wrote: 24.3It shall be unlawful to display, possess or discharge firearms of any description, air rifles, B.B. guns, sling shots or archery equipment upon any lands or waters administered by the Division, except by those persons lawfully hunting in those areas specifically designated for hunting by the Division, or those with prior written approval of the Director.
Bumping this due to the similarity of the way permits are handled in Dover. I just got my permit for Dover last month or so.
How long did it take to get your letter from Dover?
Less than a week.
 #86589  by Taurus247
 
George wrote: How long did it take to get your letter from Dover?
Less than a week.[/quote]

Ok Thank You.