[Bullpup]

Suppose a person was carrying concealed in DE, lets say in a parking lot after leaving a store, and felt threatened by a person or persons who were approaching. If the person carrying was to lift his/her shirt and tuck it behind his/her gun, putting it in full view of the person/persons approaching, would this action be legal?

Let's also assume the person carrying concealed never actually touched the firearm and continued putting his/her shopping bags into the vehicle, while the person/persons approaching changed direction and quickly walked away.

Let's further assume that the person carrying concealed got into his/her vehicle, drove home safely and did not notify the police of this incident.

Did this person, who we'll assume has a valid CCDW, break any laws?

[Trapper]

Suppose a person was carrying concealed in DE, lets say in a parking lot after leaving a store, and felt threatened by a person or persons who were approaching. If the person carrying was to lift his/her shirt and tuck it behind his/her gun, putting it in full view of the person/persons approaching, would this action be legal?

Let's also assume the person carrying concealed never actually touched the firearm and continued putting his/her shopping bags into the vehicle, while the person/persons approaching changed direction and quickly walked away.

Let's further assume that the person carrying concealed got into his/her vehicle, drove home safely and did not notify the police of this incident.

Did this person, who we'll assume has a valid CCDW, break any laws?

First question, yes it's legal.

Second question, no he didn't.

[fdegree]

Suppose a person was carrying concealed in DE, lets say in a parking lot after leaving a store, and felt threatened by a person or persons who were approaching. If the person carrying was to lift his/her shirt and tuck it behind his/her gun, putting it in full view of the person/persons approaching, would this action be legal?

Interesting question...

I realize Trapper has already chimed in, and he may very well be correct. But, I can't help wondering if this could be categorized as brandishing. I have no idea, just wondering.

[scampbell3]

There are no 'brandishing' laws in the State of Delaware.

OC serves the purpose as a deterrent in the OP's hypothetical situation.

A CC'er that makes their firearm visible is not committing a crime (IANAL).

The point where it would be a problem is if the carrier drew their weapon and pointed it at what they think MIGHT be a threat. Keep in mind, that the use of deadly force can only be used as a last resort, and the threat to life MUST be present.

Chip

[astro_wanabe]

Making any sort of physical or verbal threat could land you in hot water, but as mentioned there's no brandishing law in delaware and OC is lawful, so I don't see where just choosing to OC would be bad. You might want to notify the police about the guy and what made you uncomfortable, just so your side is on record in case the BG tries to claim you made more of a threat than you did.

[Cbmarine]

There are no 'brandishing' laws in the State of Delaware.

OC serves the purpose as a deterrent in the OP's hypothetical situation.

A CC'er that makes their firearm visible is not committing a crime (IANAL).

The point where it would be a problem is if the carrier drew their weapon and pointed it at what they think MIGHT be a threat. Keep in mind, that the use of deadly force can only be used as a last resort, and the threat to life MUST be present.

Chip

I disagree partially.
If retreat in complete safety is not possible, it is not just threat to life.
11 Del C 464 http://delcode.delaware.gov/title11/c004/index.shtml
(c) The use of deadly force is justifiable under this section if the defendant believes that such force is necessary to protect the defendant against death, serious physical injury, kidnapping or sexual intercourse compelled by force or threat.

[scampbell3]

Re-read the OP and the law you cited. My comments are still correct.
The hypothetical scenario dealt with the FEELING of being threatened, not ACTUALLY being threatened.


Chip

[Cbmarine]

Re-read the OP and the law you cited. My comments are still correct.
The hypothetical scenario dealt with the FEELING of being threatened, not ACTUALLY being threatened.


Chip

@Chip, Are you addressing my comment?
My bad for appearing to address the OP's question. I was directly addressing your assertion that "threat to life MUST be present". The law includes other reasons. Am I wrong? (IANAL)

[scampbell3]

You will note that the law does not use the following words: Feeling(s), felt, thought, or appear.

There is a difference between the 'feeling of being threatened' and actually being threatened.

The "I felt uncomfortable" or "I had a feeling of being threatened" will not justify the use of force.

The OP did not deal with actually being threatened, just a feeling....BIG, BIG, difference.

Chip

[Cbmarine]

You will note that the law does not use the following words: Feeling(s), felt, thought, or appear.

There is a difference between the 'feeling of being threatened' and actually being threatened.

The "I felt uncomfortable" or "I had a feeling of being threatened" will not justify the use of force.

The OP did not deal with actually being threatened, just a feeling....BIG, BIG, difference.

Chip

It appears that we are addressing different phases of an encounter. Your point, I infer, is that there has to be an actual threat before you may use deadly force because you believe that deadly force is necessary.

Although I agree that the OP scenario was an appropriate action, here's a caution. Note I don't imply that the OP's hypothetical put the other party "in fear of imminent injury" by hardening the target by going OC.
http://delcode.delaware.gov/title11/c00 ... ndex.shtml
§ 602 Menacing; unclassified misdemeanor.

(a) A person is guilty of menacing when by some movement of body or any instrument the person intentionally places another person in fear of imminent physical injury.

Menacing is an unclassified misdemeanor.

(b) A person is guilty of aggravated menacing when by displaying what appears to be a deadly weapon that person intentionally places another person in fear of imminent physical injury. Aggravated menacing is a class E felony.