[SuperMoose]

Hello everyone. I'm from the lovely state just to your North in Pennsylvania. I have acquired my Utah non resident permit which has a reciprocity agreement with Delaware. This is nice because now I can go down to Wilmington and not have to worry about leaving my gun at home.

My question is what is the legality of carrying onto a university?

I read the sticky for the Delaware Firearms Laws and it appears that it would be illegal to possess a firearm on university property per state law not university policy. Is that a correct reading of the statute?

Thank you.

[astro_wanabe]

The state law only adds an extra charge if you commit certain crimes while inside the "safe school & recreation zone." The state doesn't specifically ban mere possesion by adults in the SSRZ.

The law can be found in this handy pdf, page 20: http://www.deloc.org/docs/Delaware_Firearms_Laws.pdf

of course, IANAL.

[SuperMoose]

Ahh, after re-reading the statute and seeing the references to previous sections, it does not appear to be illegal to have a firearm on university property if you have a license.

I wonder if an e-mail to the attorney general would clear that up.

[astro_wanabe]

Ahh, after re-reading the statute and seeing the references to previous sections, it does not appear to be illegal to have a firearm on university property if you have a license.

If you're carrying openly you generally don't even need a license to carry on a college campus. However they will most likely ask you to leave if you're a visitor or suspend/expell/fire you if you're a student/teacher. Failure to leave could result in trespassing charges.

I wonder if an e-mail to the attorney general would clear that up.

Unfortunately, no. The AG works for the State not citizens. Providing such legal advice to citizens could create a conflict of interest for the State. If you need a lawyer you have to find one yourself.

[SuperMoose]

Ahh, after re-reading the statute and seeing the references to previous sections, it does not appear to be illegal to have a firearm on university property if you have a license.

If you're carrying openly you generally don't even need a license to carry on a college campus. However they will most likely ask you to leave if you're a visitor or suspend/expell/fire you if you're a student/teacher. Failure to leave could result in trespassing charges.

I wonder if an e-mail to the attorney general would clear that up.

Unfortunately, no. The AG works for the State not citizens. Providing such legal advice to citizens could create a conflict of interest for the State. If you need a lawyer you have to find one yourself.

No interest in open carry. Not my style. I attend class so I'd like to keep it low profile. I understand the trespassing thing. I've been carrying in PA for 5 years now (I can't believe it's been that long).

Thanks for the information.

[bluedog46]

I have a non-res Florida to carry in PA. My understanding is PA is not as lenient about schools as Delaware as I would need a non-res from PA to carry near a school or on a school.

DO you know off hand.

[SuperMoose]

I have a non-res Florida to carry in PA. My understanding is PA is not as lenient about schools as Delaware as I would need a non-res from PA to carry near a school or on a school.

DO you know off hand.

I do not know off hand. That being said my understanding is PA and FL have a reciprocity agreement with one another therefore TECHNICALLY the FL license should be as good to go as the PA one.

That being said I'm not familiar with the idiosynchrosies of the law so don't quote me on that.

The guys at PAFOA might have the answers you are looking for.

http://forum.pafoa.org/concealed-open-c ... vania.html

It appears after a cursorary glance that carrying in a school zone isn't illegal but no one has gotten arrested and challenged that in court.

The wording is

§ 912. Possession of weapon on school property.
a. Definition. -- Notwithstanding the definition of "weapon" in section 907 (relating to possessing instruments of crime), "weapon" for purposes of this section shall include but not be limited to any knife, cutting instrument, cutting tool, nun-chuck stick, firearm, shotgun, rifle and any other tool, instrument or implement capable of inflicting serious bodily injury.
b. Offense defined. -- A person commits a misdemeanor of the first degree if he possesses a weapon in the buildings of, on the grounds of, or in any conveyance providing transportation to or from any elementary or secondary publicly-funded educational institution, any elementary or secondary private school licensed by the Department of Education or any elementary or secondary parochial school.
c. Defense. -- It shall be a defense that the weapon is possessed and used in conjunction with a lawful supervised school activity or course or is possessed for other lawful purpose.

Emphasis added to the defense section.

I don't believe there is any case law defining whether having a valid LTCF in PA or from a state that has reciprocity with PA is a "lawful purpose" or not. That being said I wouldn't open carry near a school (I wouldn't open carry anywhere, anyway but that is my personal choice.)

I'll poke around a bit more this morning and see what I can dig up.


Disclaimer: I am not a lawyer...yet.

[mrjam2jab]

I have a non-res Florida to carry in PA. My understanding is PA is not as lenient about schools as Delaware as I would need a non-res from PA to carry near a school or on a school.

DO you know off hand.

Fed law...Gun Free School Law... states you must have a permit issued by the state that the school is located in to travel within 1000' of the school. This law applies to Elementary and Secondary schools, not colleges/universities.

[bluedog46]

I have a non-res Florida to carry in PA. My understanding is PA is not as lenient about schools as Delaware as I would need a non-res from PA to carry near a school or on a school.

DO you know off hand.

Fed law...Gun Free School Law... states you must have a permit issued by the state that the school is located in to travel within 1000' of the school. This law applies to Elementary and Secondary schools, not colleges/universities.

Looks like that pa non-res will be valuable.