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 Post subject: Re: Open Carry Log
PostPosted: Tue Aug 18, 2015 9:54 pm 
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Joined: Mon Jul 06, 2015 6:15 pm
Posts: 16
Location: New Castle, DE
OC'd to the ShopRite in Bear. No issues, nobody said a word. Few rubberneckers and double takers but that's about it.

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-Dan

"Rebellion to Tyrants is Obedience to God." (Benjamin Franklin)


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 Post subject: Re: Open Carry Log
PostPosted: Mon Oct 26, 2015 11:03 am 
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Joined: Mon Oct 19, 2015 11:03 am
Posts: 146
If you have your DE CDW, you're allowed to OC and Conceal Carry within 1,000 feet of school, both under State and Federal law (Fed law allows it if your state CDW license requires a background check. Verify by googling 'Safe School Zone Act' -state Title 11, Sec.1457,. Fed. = "Gun-Free school Zone Act."--"...state or local law enforcement verify that the person is qualified to receive the license." (see 18 U.S.C. Sec.922(q)(2)(B)(ii) ).


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 Post subject: Re: Open Carry Log
PostPosted: Mon Oct 26, 2015 11:39 am 
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Joined: Thu Jul 19, 2012 9:59 am
Posts: 1263
Location: Bear
josephjanes wrote:
If you have your DE CDW, you're allowed to OC and Conceal Carry within 1,000 feet of school, both under State and Federal law (Fed law allows it if your state CDW license requires a background check. Verify by googling 'Safe School Zone Act' -state Title 11, Sec.1457,. Fed. = "Gun-Free school Zone Act."--"...state or local law enforcement verify that the person is qualified to receive the license." (see 18 U.S.C. Sec.922(q)(2)(B)(ii) ).

I am not a lawyer and this is not legal advice but something else to read up on about GFSZ in DE.

Check out this section of Fed Law:
18 U.S.C.§922.(q)(4) Nothing in this subsection shall be construed as preempting or preventing a State or local government from enacting a statute establishing gun free school zones as provided in this subsection.

Meaning that DE GFSZ law is NOT preempted by federal GFSZ if a DE GFSZ law exists and it does.

DE Tile 11, Ch.5, Sub Ch VII, § 1457 Possession of a weapon in a Safe School and Recreation Zone; class D, E, or F felony; class A or B misdemeanor.

(a) Any person who commits any of the offenses described in subsection (b) of this section, or any juvenile who possesses a firearm or other deadly weapon, and does so while in or on a "Safe School and Recreation Zone" shall be guilty of the crime of possession of a weapon in a Safe School and Recreation Zone.

(b) The underlying offenses in Title 11 shall be:
(1) Section 1442. — Carrying a concealed deadly weapon; class G felony; class D felony.
(2) Section 1444. — Possessing a destructive weapon; class E felony.
(3) Section 1446. — Unlawfully dealing with a switchblade knife; unclassified misdemeanor.
(4) Section 1448. — Possession and purchase of deadly weapons by persons prohibited; class F felony.
(5) Section 1452. — Unlawfully dealing with knuckles-combination knife; class B misdemeanor.
(6) Section 1453. — Unlawfully dealing with martial arts throwing star; class B misdemeanor.

(c) For the purpose of this section, "Safe School and Recreation Zone" shall mean:
(1) Any building, structure, athletic field, sports stadium or real property owned, operated, leased or rented by any public or private school including, but not limited to, any kindergarten, elementary, secondary or vocational-technical school or any college or university, within 1,000 feet thereof; or
(2) Any motor vehicle owned, operated, leased or rented by any public or private school including, but not limited to, any kindergarten, elementary, secondary, or vocational-technical school or any college or university; or
(3) Any building or structure owned, operated, leased or rented by any county or municipality, or by the State, or by any board, agency, commission, department, corporation or other entity thereof, or by any private organization, which is utilized as a recreation center, athletic field or sports stadium.

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“I prefer peace. But if trouble must come, let it come in my time, so that my children can live in peace.” -Thomas Paine


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 Post subject: Re: Open Carry Log
PostPosted: Mon Oct 26, 2015 11:54 am 
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Joined: Mon Oct 19, 2015 11:03 am
Posts: 146
Right, and if you have a Sec. 1441 CDW license, you're not guilty of Sec. 1442, ' Carrying a Concealed Deadly Weapon'. It all gets very complicated ! I'm not a lawyer either, but like to do my own research, (and document sources for others) , so I'm not depending on someone else's 'say so'. I'm not sure this is coming out right - you seem knowledgeable, and well documented, which I appreciate. I'm talking about someone who heard it from someone, who heard it from someone, who heard it from someone.
Thanks for info. ! joe janes 302-737-2720


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