Local, national and world news stories of interest.
 #109330  by David
 
Friday, December 23, 2016 - 3:00pm
Judge upholds gun ban in Delaware state parks, forests
By Randall Chase, Associated Press

A Delaware judge has sided with state environmental officials in a lawsuit challenging a ban on non-hunting firearms in state parks and forests.

Members of the Bridgeville Rifle & Pistol Club and the Delaware State Sportsmen's Association who have concealed-carry permits challenged the ban in a Chancery Court lawsuit last year, saying it violates their constitutional right to carry firearms.

The lawsuit was refiled in Superior Court earlier this year after the Chancery Court dismissed it for lack of jurisdiction.

On Friday, a Superior Court judge ruled in favor of the state, saying the regulations do not violate Delaware's Constitution. The judge also said state officials were not pre-empted by the General Assembly in enacting the regulations and did not exceed the scope of their authority in implementing them.
 #109331  by NCC
 
So where does it go from here?
 #109342  by Kuntryboy816
 
David wrote:Friday, December 23, 2016 - 3:00pm
Judge upholds gun ban in Delaware state parks, forests
By Randall Chase, Associated Press

A Delaware judge has sided with state environmental officials in a lawsuit challenging a ban on non-hunting firearms in state parks and forests.

Members of the Bridgeville Rifle & Pistol Club and the Delaware State Sportsmen's Association who have concealed-carry permits challenged the ban in a Chancery Court lawsuit last year, saying it violates their constitutional right to carry firearms.

The lawsuit was refiled in Superior Court earlier this year after the Chancery Court dismissed it for lack of jurisdiction.

On Friday, a Superior Court judge ruled in favor of the state, saying the regulations do not violate Delaware's Constitution. The judge also said state officials were not pre-empted by the General Assembly in enacting the regulations and did not exceed the scope of their authority in implementing them.
:banghead: :banghead: :banghead: :banghead: :banghead: :banghead: :banghead:

Yeah, you absolutely did. DNREC managed areas are public lands, paid for by the public, accessible to the public and should be treated as any other public area/space!
 #109352  by Boots
 
Apparently, the judge forgot about the Delaware Constitution, Article I, § 20
§ 20. Right to keep and bear arms.

Section 20. 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.
DELOC even quotes it at the top of every page!
 #109359  by whatevah
 
As for Plaintiffs’ concerns for self defense, the Court observes the need to respond to a
threat with a firearm is diminished when firearms are prohibited in the area.
Their right to bear arms to protect themselves if the need for self-defense arises is not hindered but, rather, aided in effect by the presence of the Regulations.
Wow... so, they think that because guns are prohibited in the parks, that there will be no criminals carrying guns or knives of their own? (pages 8 and 9 of the opinion)