Post questions here about open and concealed carry, as well as general law questions.
 #94504  by Untoten
 
Is it lawful for you to open carry in your own home/on your own property in Dover without having a permit?

I just recently moved into Dover and haven't gotten around to sending in my permit letter due to being busy. Was curious about this in the mean time.
 #94505  by spillanej
 
Untoten wrote:Is it lawful for you to open carry in your own home/on your own property in Dover without having a permit?

I just recently moved into Dover and haven't gotten around to sending in my permit letter due to being busy. Was curious about this in the mean time.
A second question... can you conceal carry in your own home?
 #94506  by dean
 
spillanej wrote:
Untoten wrote:Is it lawful for you to open carry in your own home/on your own property in Dover without having a permit?

I just recently moved into Dover and haven't gotten around to sending in my permit letter due to being busy. Was curious about this in the mean time.
A second question... can you conceal carry in your own home?
IIRC, there's no exception for concealed carry within the home. You still need a permit.
 #94507  by Untoten
 
spillanej wrote:
Untoten wrote:Is it lawful for you to open carry in your own home/on your own property in Dover without having a permit?

I just recently moved into Dover and haven't gotten around to sending in my permit letter due to being busy. Was curious about this in the mean time.
A second question... can you conceal carry in your own home?
No, you still need a permit to conceal carry in your house.

Which I find ridiculous, but oh well.
 #94510  by spillanej
 
Untoten wrote:
spillanej wrote:
Untoten wrote:Is it lawful for you to open carry in your own home/on your own property in Dover without having a permit?

I just recently moved into Dover and haven't gotten around to sending in my permit letter due to being busy. Was curious about this in the mean time.
A second question... can you conceal carry in your own home?
No, you still need a permit to conceal carry in your house.

Which I find ridiculous, but oh well.
So I can't sit on the couch because like in a car.. you "can't see it"? That's dumb lol
 #94512  by spillanej
 
myopicvisionary wrote:A CCDW is required to legally carry concealed, period.
Can't even build a doorway without big brother requiring you to pay out the ass for a permit...
 #94540  by Untoten
 
spillanej wrote:
myopicvisionary wrote:A CCDW is required to legally carry concealed, period.
Can't even build a doorway without big brother requiring you to pay out the ass for a permit...
Agreed. I need to get around to getting my concealed carry simply because all the school zones. Drives me crazy. Don't know how many times I've accidentally drove through a school zone.

Anyone know an answer to my original question though? I figure since you can't conceal carry in your own home without a permit the same would apply as far as open carrying in Dover. But I know laws don't always make sense and there are people far more knowledgable on the subject than me. Lawyers or not.
 #94542  by Mr.Skellington
 
Untoten wrote: Anyone know an answer to my original question though?
Easy enough to look over what the law says, (boldface added by me). Here is Dover's municipality code:
http://library.municode.com/index.aspx?clientId=13910
Sec. 70-2. Weapons generally.permanent link to this piece of content

(a)

Prohibited. It shall be unlawful for any person to have in his possession, carry or use a revolver or pistol of any description, a shotgun or rifle which may be used for the explosion of bullets and cartridges, or any air gun, BB gun, gas-operated gun or spring-operated gun, or any instrument, toy or weapon commonly known as a "peashooter," "slingshot" or "beany," or any bow made for the purpose of throwing or projecting missiles of any kind by any means whatsoever, or any knife, whether that instrument is called by any name set forth above or by any other name.

(b)

License. The weapons prohibited in subsection (a) of this section shall be permitted upon the grant of a license therefor, if required, in the following situations:

(1)

On owner's property. Possession within the possessor's own domicile or business.
(2)

Other license or permit. Possession, carrying or use in conformity with a license issued by the state for that weapon or a permit issued by the chief of police.

(3)

Shooting ranges. Possession or use at licensed shooting galleries or ranges when the instrument can be fired, discharged or operated in a manner that shall not endanger persons or property, and also in a manner that shall prevent the projectile from traversing any grounds or space outside the limits of the gallery or range.

(4)

Unloaded and cased. Carrying of any type of gun whatsoever, when unloaded and properly cased, to or from any licensed gallery or range or to or from an area where hunting is allowed by law. This subsection shall not limit the permitted carrying of guns allowed by subsection (b)(5) of this section.

(5)

Officers. Carrying, wearing, possessing and using, by United States marshals, sheriffs, constables and their deputies, and any regular, special or ex officio police officer, or any other law enforcement officer while on duty, or as shall be necessary in the proper discharge of their duties.

(6)

State license. Possession, carrying or use in conformity with a license issued by the state for that purpose in areas approved by the chief of police, and only then when used in such a manner that shall not endanger persons or property.

(7)

Defense. Persons exercising their legal right of self-defense or defense of property or others.
...
So there's the code. As you can see the legalese of the law leaves some questions. Its not a secure answer but I don't see this ordinance being enforceable or able to withstand Constitutional scrutiny. Of course that's not something one wishes to test if it that process can be avoided.

One way to read this is since DE doesn't require a license to own a firearm like other states do the "license" for the firearm isn't required. Another way is reading the "license" as the states CCW however that would be inconsistent with section b2. I'd say the odds are in your favor IMO. Of course IANAL.