Post questions here about open and concealed carry, as well as general law questions.
 #95585  by brich2929
 
Bullpup wrote: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?

Remember, even IF you were to be charged with a "menacing" charge, you still have to be CONVICTED by a jury of your peers.
 #95588  by TexasJay
 
brich2929 wrote:
Bullpup wrote: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?

Remember, even IF you were to be charged with a "menacing" charge, you still have to be CONVICTED by a jury of your peers.
Menacing isn't a felony. Unless you get charged with something you could be imprisoned for more than 364 days, you're not going to get a jury. You'd have to plead your case to a judge. You only get a jury for charges of crimes punishable by a year or more in prison.

*According to my law professor, Dawn Bonavita J.D.
 #95589  by MrCoolDale
 
While there is a possible case for menacing, I'd be really surprised if the DA wanted to move forward with such a case. Delaware does not have a brandishing law and open carry is completely legal. They would have to prove that you uncovered your firearm specifically to threaten the other person and that you had no cause to feel threatened or in any type of danger.

Bad weather with diminished visibility, crime rates on the rise, shady-looking person approaching you... I can't see this being made into any real case. Of course, this is purely conjecture.

If the hypothetical situation turned real, this group has been known to help fund legal cases.
 #95590  by Cbmarine
 
TexasJay wrote:...

Menacing isn't a felony. Unless you get charged with something you could be imprisoned for more than 364 days, you're not going to get a jury. You'd have to plead your case to a judge. You only get a jury for charges of crimes punishable by a year or more in prison.

*According to my law professor, Dawn Bonavita J.D.
Menacing can be a felony if classed as aggravated. OP's scenario contains a display of a deadly weapon. If that scenario included putting the other persons "in fear of imminent physical injury" (which IMO it did not), then the hypothetical OP could be charged with a felony
11 Del C 602
(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.
 #95649  by Bullpup
 
Thank you all for your replies and input.

IF this hypothetical situation had actually occurred, I think the gun owner's stated actions would have been reasonable and responsible, if not a little questionable from a legal viewpoint. And I'm sure the gun owner would have been happy to have dealt with any legal consequences instead of what could have been a dangerous or deadly alternative. And I'll bet this hypothetical gun owner would have tried to learn all he could from this event, and be better prepared for any similar events in the future.

I think it also would have been a great example of defensive use of a firearm, without the gun even leaving it's holster. Too bad stories like that never make the news.