Post questions here about open and concealed carry, as well as general law questions.
 #96495  by Trapper
 
skip671 wrote:Yeah, I've heard that argument too. The law is very clear on that subject and I usually don't have too much trouble educating others on it. I think, in my friend's case, he has misunderstood about non-residents. I believe (and correct me if I'm wrong) that open carry laws do not apply to non-residents. Therefore, if a non-resident gets a Delaware carry permit, it does not give him the right to open carry.
Skip,
First, any person who is legally allowed to own a firearm may open carry in the state of Delaware without a permit, City of Dover not included.
Second, Delaware doesn't issue non-resident CCW, so non-residents cannot obtain one.
Hope this helps
 #96497  by skip671
 
You may be correct about open carry. However, Delaware does on occasion issue temporary non-resident CCDW permits:
(k) The Attorney General shall have the discretion to issue, on a limited basis, a temporary license to carry concealed a deadly weapon to any individual who is not a resident of this State and whom the Attorney General determines has a short-term need to carry such a weapon within this State in conjunction with that individual's employment for the protection of person or property. Said temporary license shall automatically expire 30 days from the date of issuance and shall not be subject to renewal, and must be carried at all times while within the State. However, nothing contained herein shall prohibit the issuance of a 2nd or subsequent temporary license. The Attorney General shall have the authority to promulgate and enforce such regulations as may be necessary for the administration of such temporary licenses. No individual shall be issued more than 3 temporary licenses.

(l) All applications for a temporary license to carry a concealed deadly weapon made pursuant to subsection (k) of this section shall be in writing and shall bear a notice stating that false statements therein are punishable by law.
 #96499  by fdegree
 
skip671 wrote:Yeah, I've heard that argument too. The law is very clear on that subject and I usually don't have too much trouble educating others on it. I think, in my friend's case, he has misunderstood about non-residents. I believe (and correct me if I'm wrong) that open carry laws do not apply to non-residents. Therefore, if a non-resident gets a Delaware carry permit, it does not give him the right to open carry.
I am not a lawyer, but I have not seen anything that states open carry is restricted to DE residents only. So, I tend to agree with Trapper...anyone that is legally allowed to own a gun, regardless of the state in which they are a resident, can legally open carry in DE.
 #96509  by Cbmarine
 
fdegree wrote:Skip,
I also live in Seaford, and it is odd how much ignorance there is around Sussex County. It is also a common misconception that Delaware residents can conceal carry, even if all they have is a FL concealed carry permit, because DE has reciprocity with FL. I have tried to tell them, as long as they are a DE resident, they MUST have a DE concealed carry permit, or it is illegal to carry concealed...regardless of any other permit they might have. They always want to argue with me and tell me I'm wrong.

I commend you for taking the initiative to dig deeper and find out the truth. Most folks won't bother.
A CC reciprocity note for DE residents from the AG's Concealed Weapons Reciprocity website
http://www.attorneygeneral.delaware.gov ... pons.shtml

"A Delaware resident must have a valid Delaware permit to carry a concealed deadly weapon. A Delaware resident with a non-resident permit from a reciprocating state cannot carry a concealed deadly weapon in Delaware. A Delaware resident is one who carries or is required to have a Delaware driver’s license and/or is registered to vote in Delaware..."

The second sentence if read rigorously is incorrect, in that it should say "A Delaware resident with only a non-resident permit..."