Delaware Open Carry
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Illegal New Castle County Ordinance Bans Firearms in Parks
http://www.deloc.org/forums/viewtopic.php?f=3&t=5
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Author:  Wynder [ Sat Mar 01, 2008 9:34 am ]
Post subject:  Illegal New Castle County Ordinance Bans Firearms in Parks

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DelawareOpenCarry.Org Press Release -- March 1st, 2008
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FOR IMMEDIATE RELEASE
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Delaware Open Carry calls for repeal of illegal New Castle County park gun ban!
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New Castle County is balking at repealing their illegal park gun ban which infringes upon the right of adults in Delaware throughout the state to carry handguns for self-defense - either openly in holsters, or, concealed with proper state issued license.

The current New Castle County ordinance bans all gun carry in County parks[1] even though Delaware state law, like most states, preempts localities from enacting or enforcing gun carry bans.[2]

This means that law abiding citizens who are lawfully carrying their firearm in a county park could be mistakenly arrested by County police (in violation of Delaware state law and the Constitution[3]) and put through the invasive booking process until they were ultimately released when the police or prosecutors realize that no charges could be filed.

Unfortunately, this also means that any evidence of real crimes seized as a result of a search incident to illegal arrest must be suppressed, letting bad guys get away - and, County taxpayers could be on the hook for litigation costs and damage awards as a result of this self-inflicted illegal police conduct.

New Castle County Councilman David H. Tackett has advised Delaware Open Carry that the County Attorney has reviewed § 24.01.014 and determined there is "an error that needed to be corrected."

Accordingly, Delaware Open Carry calls for the repeal of the illegal New Castle County park gun ban at the County Council's earliest opportunity.

Rob Wiltbank
Spokesperson, DelawareOpenCarry.org
State Administrator, OpenCarry.org
admin@DelawareOpenCarry.org

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[1] Chapter 24, § 24.01.014.
http://www.municode.com/Resources/gatew ... 1287&sid=8

[2] Title 9, part I, chapter 3, subchapter ll, § 330 (c). "The county governments shall enact no law or regulation prohibiting, restricting or licensing the ownership, transfer, possession or transportation of firearms or components of firearms or ammunition except that the discharge of a firearm may be regulated; provided any law, ordinance or regulation incorporates the justification defenses as found in Title 11 of the Delaware Code."
http://www.alllaw.com/state_law_search/delaware/

[3] The Delaware State Constitution, Article I, § 20 states, "A person has the right to keep and bear arms for the defense of self, family, home and State, and for hunting and recreational use." This permits a person to openly carry a firearm or, if they have a Carry Concealed Deadly Weapon license in accordance with Title 11, part I, Chapter 5, §1441, they may conceal their firearm.

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