Post questions here about open and concealed carry, as well as general law questions.
 #91962  by M&P40Noobie
 
I don’t have my CCWD yet and I’ve been open carry. If I am running into the post office or some other place I can not carry, where can I put my handgun? Do I have to lock it up in the trunk of my car and while in the trunk does it have to be in a locked case? Haven’t done it, but can I put it under the seat or put my hat over it on the dashboard to run into places if nobody is in the car?
 #91963  by HoBoJoe
 
Get a small safe that you can mount in the vehicle so you can secure the firearm. Also, unload the pistol and keep the weapon and ammo separate.
 #91964  by Taurus247
 
I lock mine in a safe in my car or in my glock box. Either way its always behind atleast one lock. I dont unload it in case I need to grab it quickly but thats my personal preferance.
 #91966  by HoBoJoe
 
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.
 #91967  by Taurus247
 
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.
Good info. Dose that count if it is on ur person? Can my pistol be unloaded and concealed with my mags seperate. Much like CA made people do when OC.
 #91968  by bmel17
 
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
 #91971  by HoBoJoe
 
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?
 #91972  by M&P40Noobie
 
bmel17 wrote:In order for it to be a crime it needs to be concealed on or about your person.
So, If I tuck it under the seat for a quick run in someplace and nobody is in the car, its legal?
 #91975  by astro_wanabe
 
HoBoJoe wrote:So having a loaded firearm not within your reach, but in your vehicle is not a crime?
In Delaware, our CCDW law doesn't appear to care what the condition of the firearm is. Here's a court case that's quoted in our firearms law pdf:
It is quite immaterial whether a revolver is loaded or not, because such an instrument is commonly regarded as a deadly weapon without regard to its condition. If the absence of bullets would make the weapon a harmless one, then any condition that would prevent its being used at the time injuriously would have a like effect. State v. Quail, 28 Del. 310, 92 A. 859 (1914).
There is a law that makes it an environmental misdemeanor to have a loaded long gun in, on, or against a vehicle, but that probably doesn't apply to your situation.

Whether or not something is far enough away from your body to be legal seems to be a bit of a grey area. These three court cases, also quoted in our firearms law pdf, may help:
Whether concealed deadly weapon may be deemed to be "about" the person should be determined by considering the immediate availability and accessibility of the weapon to the person, which is a factual question. Dubin v. State, 397 A.2d 132 (Del. 1979).

Factors determinative of accessibility. - Three factors are to be considered by the fact-finder in deciding the issue of whether a deadly weapon was accessible to the defendant and, hence, "about the person": (1) Would the defendant have to appreciably change position in order to reach the weapon? (2) could the defendant reach the weapon while driving? and (3) how long would it take for a defendant to reach the weapon, if the defendant were provoked? Dubin v. State, 397 A.2d 132 (Del. 1979).

Pistol in glove compartment. - The factual question of whether a pistol in a glove compartment of the automobile being driven by a defendant is "about the person" must be determined by a finding of whether the gun is available and accessible to a defendant for immediate use. Dubin v. State, 397 A.2d 132 (Del. 1979).
Personally, all my firearms are either openly carried or in cases either in the trunk or the farthest away from me that they possibly can be, so that I'd have to get out and go around the vehicle or climb over seats to get to them. Also, on the extremely rare cases that I'd actually need to lock my handgun in a vehicle unattended (not that I recommend doing so), it gets locked in a lockbox that's attached to the vehicle and the vehicle is then locked too.
 #91977  by MrCoolDale
 
The best way that I've found to approach this situation is as follows:

1) Remember that none of us on here are Lawyers and can not give you actual legal advice. "But MrCoolDale on DelOC.org said..." means nothing in court. Please consult a lawyer.

2) You may not conceal a firearm, no matter what state it is in (disassembled, unloaded, etc) on your person without a CCDW. If the firearm is in plain view, it may be loaded, cocked, locked, ready to rock. I strongly suggest an outside the waistband holster (commonly referred to as OWB) with good retention. Serpa holsters seem to be among the favorite choices.

3) In your vehicle you may have a loaded firearm in plain view. Many here suggest on your dash, attached to your seatbelt, on the center console, or even on your passenger seat. You may not conceal the firearm inside your vehicle without a CCDW. The exception being the normal laws applying to transporting a firearm. Keep your firearm and ammunition in SEPARATE LOCKING COMPARTMENTS, not readily accessible to the drive or other passengers. I usually stow the firearm in the trunk and the ammunition on the backseat. I have also gone the extra mile to bolt a small safe into the trunk of my car.

Above all, don't try to be clever. Once you start using technicalities you are asking for trouble. Keep it simple and don't get yourself into trouble. Technically, your glove box and center console are separate locking compartments. With the glove box locked, that wouldn't be readily accessible. Sure, that may have some merit, but I don't want to argue it in court.

If you have an SUV or a truck, whereas the storage area is not a separate compartment from the passenger area, I suggest bolting a small safe into the rearmost position of the vehicle. Small pistol safes can be found for fairly cheap and they are a worthwhile investment.

The goal is to keep your firearm safe from anyone who may try to break into your vehicle.