Delaware Concealed Carry Forum
CCW Methods & Issues => No Carry Locations => Topic started by: GLOCK23 on March 05, 2009, 12:16:13 PM
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hello guys i read sometime ago that state parks are off limits to carry your gun am i right? thanks
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Carry Allowed in these Areas:
State Parks: YES St. Park Rules & Regs Per DE AG
State/National Forests: NO State Forest Regs 3.400.8.0
WMA’s: NO Div. Fish/Wildlife Regs 8.4.3.1
Road Side Rest Areas: YES
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So I called the State Park Service today to find out about concealed carry in a State Park and was told by one of the Senior Park Rangers that it is not allowed because pistols are rifled firearms and they are not allowed. He even went on to state that only law enforcement is allowed to carry on State Park land. I have since sent a email to handgunlaws.us advising them of this since they have State Parks listed as ok to carry. I have also emailed the AG's office asking for their take on concealed carry in State Parks. If this is the case and we can not carry in state parks what does everybody think about emailing our reps and asking them to sponsor a bill to make it legal to CCW in State Parks?
Hawkeye you seem to put together very professional letters would you be willing to post some type of form letter people could send their representative?
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So I called the State Park Service today to find out about concealed carry in a State Park and was told by one of the Senior Park Rangers that it is not allowed because pistols are rifled firearms and they are not allowed. He even went on to state that only law enforcement is allowed to carry on State Park land. I have since sent a email to handgunlaws.us advising them of this since they have State Parks listed as ok to carry. I have also emailed the AG's office asking for their take on concealed carry in State Parks. If this is the case and we can not carry in state parks what does everybody think about emailing our reps and asking them to sponsor a bill to make it legal to CCW in State Parks?
Hawkeye you seem to put together very professional letters would you be willing to post some type of form letter people could send their representative?
I'm on it.
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If this is the case and we can not carry in state parks what does everybody think about emailing our reps and asking them to sponsor a bill to make it legal to CCW in State Parks?
I have put something together that I am gong to send to my state senator. Feel free to copy and edit this as you see fit.
Sir,
I am writing in regards to concealed carry weapons not being allowed in state parks in Delaware. I believe that it is unfair to hand gun owners, who already are licensed by the state, to have a patchwork of gun laws that put them at risk of criminal conviction for walking in a state park. Just so that you will know, for the average citizen to obtain a concealed carry permit, he or she must: Have no felony convictions; have never been convicted of domestic violence; have no history of mental illness; have passed a background check and have fingerprints on file with the authorities; and have passed mandatory training both in the use of a firearm and the applicable law.
State parks are not crime free. Park visitors are increasingly vulnerable to violent crimes. To restrict the ability of a person, who has proven to be a law abiding, responsible citizen, from protecting him or herself or their family simply because of the ground they are standing on is placing them in a position of unreasonable and unnecessary risk. There is no such thing as a “gun free zone” or a “safe zone.” Only those that already obey the law will adhere to those restrictions.
The 2nd Amendment guarantees the right of the people to keep and bear arms. I understand that this comes with limitations. This should not be one of them. As a concerned citizen of Delaware I am requesting that you do the right thing and sponsor a bill that would right this wrong. Thank you.
Respectfully,
Your state senator can be found here:
http://legis.delaware.gov/Legislature.nsf/sen?openview&nav=senate
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Here is a complete list of State Senators
Senator Thurman Adams Jr. (D-19)
(302) 744-4286
Thurman.Adams@state.de.us
Senator Patricia M. Blevins (D-7)
(302) 744-4133
Patricia.Blevins@state.de.us
Senator Colin R. J. Bonini (R-16)
(302) 744-4169
senator-colin@prodigy.net
Senator George H. Bunting Jr. (D-20)
(302) 744-4286
George.Bunting@state.de.us
Senator Brian J. Bushweller (D-17)
(302) 744-4162
brian.bushweller@state.de.us
Senator Catherine L. Cloutier (R-5)
(302) 744-4197
catherine.cloutier@state.de.us
Senator Dori Connor (R-12)
(302) 744-4164
Dorinda.Connor@state.de.us
Senator Nancy W. Cook (D-15)
(302) 744-4237
nancy.cook@state.de.us
Senator Anthony J. DeLuca (D-11)
(302) 744-4165
Anthony.DeLuca@state.de.us
Senator Bruce C. Ennis (D-14)
(302) 744-4310
bruce.ennis@state.de.us
Senator Bethany A. Hall-Long (D-10)
(302) 744-4286
bethany.hall-long@state.de.us
Senator Margaret Rose Henry (D-2)
(302) 744-4191
MargaretRose.Henry@state.de.us
Senator Michael S. Katz (D-4)
(302) 744-4286
michael.katz@state.de.us
Senator Robert I. Marshall (D-3)
(302) 744-4168
robert.marshall@state.de.us
Senator David B. McBride (D-13)
(302) 744-4167
David.McBride@state.de.us
Senator Harris B. McDowell III (D-1)
(302) 744-4147
Harris.McDowell@state.de.us
Senator Karen E. Peterson (D-9)
(302) 744-4163
Karen.Peterson@state.de.us
Senator F. Gary Simpson (R-18)
(302) 744-4134
gsimpson@udel.edu
Senator David P. Sokola (D-8)
(302) 744-4139
David.Sokola@state.de.us;
Senator Liane M. Sorenson (R-6)
(302) 744-4136
Liane.Sorenson@state.de.us
Senator Robert L. Venables Sr. (D-21)
(302) 744-4298
Robert.Venables@state.de.us
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Hey. I just noticed that I am not a "Newbie" anymore. Yipee! ;D
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Here is the vague reply from the AG's office in regards to CC in parks.
Delaware law prohibits the carrying of a concealed deadly weapon in the following places:
- any building, structure, athletic field, sports stadium or real property owned or operated by any public or private school, college or university.
- any publicly or privately owned or operated athletic field, sports stadium or recreation center.
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So the AG's office just sent you a jumble of words.
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Heres the Final say on state Parks "You can NOT carry at State Parks" Per this email
MR. **********
Under Section 24 (Hunting, Fishing and Wildlife Management)of the Division of Parks and Recreation’s Rules and Regulations, 24.3 states:
“It shall be unlawful to display, possess or discharge firearms of any description, air rifles, B.B. guns, sling shots or archery equipment upon any lands administered by the Division, except by those persons lawfully hunting in those areas specifically designated for hunting by the Division, or except with prior written approval of the Director.”
You can visit the Division of Parks and Recreations website at www.desparks.com for the Rules and Regulations.
Wayne Kline
Chief of Enforcement
Delaware State Parks
(302)739-9220
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Why is this. When im alone hiking in white clay creek thats when i ESPECIALLY want to carry....
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Here is the vague reply from the AG's office in regards to CC in parks.
Delaware law prohibits the carrying of a concealed deadly weapon in the following places:
- any building, structure, athletic field, sports stadium or real property owned or operated by any public or private school, college or university.
- any publicly or privately owned or operated athletic field, sports stadium or recreation center.
That looks likes who ever you talked to from the AGs office just quoted or copy and pasted a few sentences from Title 11 Chapter 5 Section 1457 of the DE code. by looking back at this old thread
http://deccw.com/index.php?topic=132.0 (http://deccw.com/index.php?topic=132.0)
a few peopled questioned as to weather or not that portion of the law applies to people with CCWs.
Whenever we seek guidance from the DOJ/AGs office it might be prudent to ask them to reference/cite the applicable portion of the DE code, so if you/we think an error was made in the interpretation of the law everyone will be on the same page, when someone seeks clarification.
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Rabbit its NOT state law its DENREC Rules and Regs that restrict carry.
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Got it its a DENREC reg, I was referencing to the response from the AG's office that may or may not not even apply to an individual who posses a CC permit.
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The AG's office gives the same answer for cc to every question asked it seems like.
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This is soooo confusing! Can you exemplify parks I am not allowed to carry with my CCW license? How about the park across from Troop 2 (?) on route 40, can one carry there while taking their kids to play? Soooo confusing!
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Newbie here, first post.
Not being able to carry in a state park or rec area bothers me for several reasons. The first is, of course, that I carry for protection, I always carry, and I don't think crime stops at the park boundaries.
My main beef with this is that the Constitution of the US and the state laws of DE allow me to carry, while the rules of an unelected bureaucracy forbid me. Who trumps here? Laws made by legislators that are elected by and answerable to the people of the state, or some appointed/hired director with no accountability?
I considered writing my senator about changing the laws, but there are no laws, just rules. Any lawyers out there? Lawsuit against DNREC?
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I asked a gun friendly state senator about this, and he said the legislature stupidly gave DNREC this power. Direct your complaints to the head of DNREC. I would add my name to that petition.
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Thanks for the info. I spent a little time looking at the relevant Delaware Code and found this where the legislature gives DNREC the right to set and enforce regulations.
http://delcode.delaware.gov/title7/c047/sc01/index.shtml
Note that according to 4701 (a) (1) they also have the right of eminent domain(!) over any land they want to take.
This is getting more interesting. Does anyone have a list of gun-friendly senators or representatives?
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I was told by our instructor you could not carry in a State Park?
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Dunsmore,
The answer to your question is "Most Republicans, but darn (gotcha!) few Democrats".
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If my firearms is unloaded, in a safe, in my vehicle, while I am in a Delaware state park would that be legal?
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Yes Joek, that is safe, and okay while at a state park.
Don't try it in NJ.
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I try to avoid NJ.
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joek,
I would say if you have an unloaded gun in your truck in a State Park, you are still in violation. The law/policy of firearms in a State Park says unlawful to "possess". If it is in your truck in the State Park, it is in your possession, control and responsibility.
Read Sigarms12 comment of May4, 2009 at the beginning of this "State Parks" Forum, with the policy by Wayne Kline of State Parks Enforcement. I think you will agree it is unlawful. Why take the chance? You could loose your DECCW over it, or worse.
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What about county parks such as Glasgow on Rt. 40?
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What about county parks such as Glasgow on Rt. 40?
Same question here. What about the park at Glasgow?