Post questions here about open and concealed carry, as well as general law questions.
 #97342  by Jcastigl
 
Guys and Women,


Im am very very new to the whole open carry of a pistol. I cannot find anywhere that tells me if I am allowed to carry a loaded fire arm on my person in plain sight. When I say loaded fire arm to me would be empty chamber loaded mag. Another question I have is am I within the scope of the law to carry any caliber pistol I desire? Now of course I do know where I can carry and where I cant, I am also not a convicted fellon I am a resident of the state of Delaware.

Please help : (

Thanks
 #97354  by scampbell3
 
First, welcome to DELOC.
The reason that you cannot find anything that tells you that you can carry a firearm in plain sight is very simple....nothing on it exists anywhere in the DE Code. This is a common misunderstanding. The DE Code does not define what is legal or lawful. The DE code only defines what is unlawful.
Title 11, Part I, Chapter 2. General Provisions Concerning Offenses § 202. All offenses defined by statute.
(a) No conduct constitutes a criminal offense unless it is made a criminal offense by this Criminal Code or by another law.
(b) This section does not affect the power of a court to punish for civil contempt or to employ any sanction authorized by law for the enforcement of an order or a civil judgment or decree.
If it is not specifically made unlawful in the code it is de facto lawful. This is why OC is lawful, because there is no law in the Code that makes it unlawful.

Places that are "no carry" locations are defined in the DE Code because carrying a firearm (CC or OC) is considered unlawful in these designated places. As for carrying a loaded firearm or unloaded firearm, I ask one question. What is the point of carrying a firearm that is not loaded? There is nothing that prohibits one from carrying a firearm loaded (chamber loaded, mag loaded). If the firearm does not have a loaded chamber, then it is as useful as a holstered tactical assault paper weight.

The DE Code also does not have a law that determines what type or caliber firearm you can carry. Since the carrying of a firearm by persons that are not already prohibited is not unlawful, there is no definition in the DE Code to follow. You may carry any style or type/caliber firearm that you are comfortable and proficient with its use. Seeking out professional training is always recommended.
 #97374  by stephpd
 
For many of us a loaded weapon is with one in the chamber too. When seconds count are you sure that you can rack the slide?

Think about the Zimmerman case. Would he have been able to defend himself with the gun while Trayvon was on top of him pounding his head into the concrete if he didn't have a round in the chamber?

And yeah, it not only includes handguns but long guns too. Though you're more likely to be stopped and questioned by police with a loaded AR rifle then with any handgun. But both are perfectly legal to carry.

As Chip said it's the lack of laws forbidding these actions that make them legal.
 #97378  by harr2969
 
Jcastigl, without one in the chamber, you're carrying a hunk of metal that is less likely to help you in the event you need it.

If you need that margin of safety, by all means, I would rather you have something than nothing. Keep in mind though, that your brain is the ultimate safety.

Keep it holstered unless death or serious bodily harm could happen. This way you shouldn't be charged with 'menacing'. If you have to pull it, remember your basic safety rules. (and please tell us you know them.... And then follow them, because we all know those who should often do not)

How well do you know your gun and yourself?
 #97393  by Jcastigl
 
Thank you guys so much I appreciate the help. Like I said before I am new to carrying a firearm with me full time. But I am aware of the gun safety rules. I understand everyones concern for me not have one in the chamber. I will consider the change in my ways. Please excuse my punctuation im laying on a hospital bed awaiting shoulder surgery. My nerves are wrecked right now
 #97397  by Kuntryboy816
 
Jcastigl wrote:Thank you guys so much I appreciate the help. Like I said before I am new to carrying a firearm with me full time. But I am aware of the gun safety rules. I understand everyones concern for me not have one in the chamber. I will consider the change in my ways. Please excuse my punctuation im laying on a hospital bed awaiting shoulder surgery. My nerves are wrecked right now

Sorry to hear! Hopefully the surgery goes better than they predict, you get back to 100% and you're back on your feet soon! Welcome to the forum. As you've already seen, there's a wealth of knowledge and experience that these great people are willing to share.
 #97545  by Dugan
 
Jcastigl wrote:Thank you guys so much I appreciate the help. Like I said before I am new to carrying a firearm with me full time. But I am aware of the gun safety rules. I understand everyones concern for me not have one in the chamber. I will consider the change in my ways. Please excuse my punctuation im laying on a hospital bed awaiting shoulder surgery. My nerves are wrecked right now

Just read the info available to you on this site, it makes you feel more assured... or atleast it did for me.

Having one in or out of the chamber doesnt really matter as long as you follow the basic firearms rules... dont put your finger on the trigger unless you NEED to. Your trigger is your safety, no other safety is needed.