1911turbo wrote:
Thanks. We'll try to come down through PA (where I can carry) and avoid NJ completely.
You also will want to steer clear of MD on the entire west and south sides of the state.
1911turbo wrote:
Amy Blackthorn wrote:Remember, putting a loaded gun in the trunk without a CCDW is concealing. Empty firearm and lock ammo in glove box if not open carrying.
I assume loaded gun in glovebox is also a no-go?
Actually a handgun being loaded or not doesn't matter within Delaware. Firearms are always considered deadly weapons whether loaded or not. For a charge of Carrying a Concealed Deadly Weapon without a license there's really just 3 things to be considered - whether or not there was a deadly weapon, if it was concealed from view, and if it was "upon or about" your person. As I said firearms are always deadly weapons. Even a little bit of concealment is enough to earn a felony - if you're going to OC, it needs to be REALLY out in the open, don't try to do it halfway. If the firearm is going to be transported in a concealed fashion it needs to be in a place that is not "upon or about" your person, e.g. it needs to be in a place that is not accessible to you. Whether or not the firearm is "about" your person is determined (according to case law, Dubin v. State, 397 A.2d 132 (Del. 1979)) "by considering the immediate availability and accessibility of the weapon to the person" based on 3 factors: "(1) Would the defendant have to appreciably change position in order to reach the weapon? (2) could the defendant reach the weapon while driving? and (3) how long would it take for a defendant to reach the weapon, if the defendant were provoked?"
So a firearm in the glove box, center console, under your seat, etc. is a no-go, but a trunk that you can't easily reach into - especially a locked one - is fine, loaded or not. Again though rifles / shotguns can't be loaded in, on, or against a motor vehicle and you need to abide by the storage requirements of FOPA while transiting to / from DE.