Post questions here about open and concealed carry, as well as general law questions.
 #5659  by Deviate
 
Hello,

I am a New Castle County resident who is new to the site. I've recently been spending some time trying to educate myself on the subject of open carry in DE.

I guess my main intent is to find out if there are there any 'catches' to lawful open carry that I'm possibly overlooking before I ever do so. Other then any panic or overreaction from the general public, or perhaps inquisitive law enforcement, is it really that cut and dry? I probably have a pretty valid reason to apply for a CCDW permit, but I'm still not positive it would be enough reason, nor have I felt like going through all the hassle. (Father was Cpl corrections officer for 25 years, and threats from inmates; some work release, were not uncommon)

My only reason to OC would be self defense/protection in the event that I travel into a "rough" area or bad neighborhood, being out somewhere late at night that may raise concern for my safety, or other scenario of that nature. So my question is, does the firearm have to be registered or anything like that to make it legal to open carry? Or can you OC a privately acquired or passed-down handgun?

Also, just to verify, while driving somewhere and not actually walking about, the gun has to be on the passenger seat (which isnt very secure) or somewhere in plain view if loaded, and NOT holstered, correct?

I just want to be sure there is no fine print I may be missing before I actually exorcise this right somewhere in regards to personal safety.

Thanks,


Matt
 #5663  by Wynder
 
Welcome, Matt!
Deviate wrote:Other then any panic or overreaction from the general public, or perhaps inquisitive law enforcement, is it really that cut and dry?
It really is that cut and dry. :)
I probably have a pretty valid reason to apply for a CCDW permit, but I'm still not positive it would be enough reason, nor have I felt like going through all the hassle.
Understandable about the hassle -- you don't have to have an absolute need for the license, just a good reason. If you have a family or you work or play in Wilmington, if you're concerned about the crime around your neighborhood... I've come to the conclusion that the judge is looking to see if you can intelligently state a reason of why you need it.
So my question is, does the firearm have to be registered or anything like that to make it legal to open carry? Or can you OC a privately acquired or passed-down handgun?
There is no gun registration in Delaware. The only real Delaware state law with which we need to concern ourselves, with regards to carrying a firearm, is carrying it concealed without a license. It's the fact that there is no law forbidding it that makes it de facto lawful. So, you can buy a new gun from a shop or inherit your grandfathers Colt .38 and lawfully open carry that sidearm.
Also, just to verify, while driving somewhere and not actually walking about, the gun has to be on the passenger seat (which isnt very secure) or somewhere in plain view if loaded, and NOT holstered, correct?
For handguns, the condition (whether it's loaded or not) is of no consequence... only for long guns. Passenger seat or dashboard -- the concern with having it holstered is having the center console in the way or the officer no being able to see it if you're right handed and they approach from the driver's side window.

Myopicvisionary has a thread where he created a nice removable dash holsters -- someone will have to find that thread and post it.
I just want to be sure there is no fine print I may be missing before I actually exorcise this right somewhere in regards to personal safety.
Honestly -- no fine print. Be aware of federal law and county and city ordinances... most of the off-limit places are listed in the Delaware Firearms Law pdf that I compiled at the top of the forums.

If you have any other questions or need something clarified, definitely feel free to ask, though!
 #5667  by myopicvisionary
 
Myopicvisionary has a thread where he created a nice removable dash holsters -- someone will have to find that thread and post it.
Bottom of this section in a thread called Seat/Dash Problems and Solutions
 #5674  by dave_in_delaware
 
Welcome, Matt! Glad you've joined us!

Wynder pretty much hit all the "legal" points for you.

But yes, it really is that cut-and-dry. I didn't believe it myself, but I've been OCing daily since the beginning of this year, w/ no real problems, even when "surrounded" by New Castle County Police.

If you don't have your CCDW License, don't conceal it. Not even a little bit. Use an OWB holster and keep the gun 100% IN THE OPEN and you'll be fine. And on the seat, or up on the dash (in a "mounted" holster) in the car is fine.

I'm currently waiting on my CCDW application to be processed. Pretty much anyone can get a license. Many members have their license, and many others have gone through the process and are waiting to receive it.

Again, welcome to the forum!
 #5676  by Deviate
 
Thank you gentlemen for the welcome. And thanks Wynder and others for the information.

I just sat and read through the PDF document on the DE laws and codes, pretty much in its entirety. Most of which in regards of use of deadly force in a home, in defense of self/property/family and such I was already aware of, but I guess I never clearly understood the right to open carry within all of that. For some reason I thought there was a little more to it.
 #5679  by Wynder
 
You're very welcome -- if you have any other questions, do feel free to ask... hope to see you around a bit more. :)