Hello All, I am new to this site and have a question that a LEO friend can’t give a definitive answer. Can a person with a CCDW permit carry a firearm on school property, Public or Private ? Thanks.
Here's a link to the Delaware code covering this subject:
https://delcode.delaware.gov/title11/c005/sc07/
It is currently believed that CCDW holders are exempt from the safe school zone laws, but this has never been tested in court. So, we don't have a definitive ruling. Which means, consult a lawyer and proceed at your own risk.
The law states:
Delaware Title 11: § 1457 Possession of a weapon in a Safe School and Recreation Zone; class D, E, or F felony; class A or B misdemeanor.And it uses the following for how you will be charged:
(1) Section 1442. — Carrying a concealed deadly weapon; class G felony; class D felony.However, according to § 1442:
§ 1442 Carrying a concealed deadly weapon; class G felony; class D felony.All of this boils down to carrying a firearm in a Safe School and Recreation Zone will land you a felony charge under § 1442. However, CCDW permit holders are exempt from § 1442, because the underlying charge is carrying a concealed deadly weapon without a permit to do so.
A person is guilty of carrying a concealed deadly weapon when the person carries concealed a deadly weapon upon or about the person without a license to do so as provided by § 1441 of this title.
It's a weird grey area.