HoBoJoe wrote:bmel17 wrote:HoBoJoe wrote:If you do not have your CCW then legally in order to have the weapon out of plain sight it needs to be unloaded and in a separate case/box from the ammo.
In order for it to be a crime it needs to be concealed on or about your person.
The separation of ammo is under FOPA which would only be interstate travel so it wouldn't matter anyway
So having a loaded firearm not within your reach, but in your vehicle is not a crime?
If the vehicle is considered to be under your control you are in possession of everything inside of it. Basically even if your car hasnt moved from a parking lot in 6 hours, you are still in control of it in the eyes of law enforcement. In actual law (courts and lawyers) there are a few definitions for when you are in control of your vehicle. Some magistrates here in delaware have used the "in possession of the keys" rule, others have used the "within 20 yards" rule. Mostly case (intepretive) law and legal precedents but as far as I know there is no statutory law clearly defining when you are in control of a vehicle.
That being said, unloaded, loaded, 9mm, .454, .17mm BB gun, nail file with a sharp point... does not matter without a CCDW you cannot conceal anything ever while on public property, another's private property, or any place that may be generally considered public such as your front yard.
There is no strong precendent either way about concealing a firearm in the home as most people do not feel the need to keep the prying eyes of their cats away from their weapons.
Generally speaking, any firearm, weapon, or other item which can cause grievous bodily harm or death may not be concealed while you are in possession of it, on your person, in your car, on your motorcycle, or anywhere else.
Delaware is a state that will crucify you for going 28 in a 25, lets not play the martyr and try to see what they find legal for firearms.