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Question Regarding Possession of a firearm in a Safe Recreation Zone

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Seth:
So I have been reading up on the "relatively" new law regarding possession of a firearm in a Safe Recreation Zone.

https://delcode.delaware.gov/title11/c005/sc07/index.html#1457

And I am looking for some guidance. I am an engineer and not a lawyer so to those more well versed in law please forgive my ignorance, but am I correct in understanding that as a holder of a CCW permit I can legally carry in areas that would be defined as a Safe Recreation Zone?

Just Bill:
I read. does not apply to CCW permit...unless in a vehicle.

Oaklandopen:
I think basically it stays in your vehicle.  IE you're picking your kids up and staying in your car,  although it has to be locked up.  Total mind job..... you can have your tool, but you won't be allowed to easily get to it if needed

Seth:
So saw the part about staying in the vehicle for the safe school zone (1457A), but I don't see that as part of the safe recreation zone (1457).


--- Quote --- § 1457. Possession of a firearm in a Safe 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 and does so while in or on a “Safe Recreation Zone” shall be guilty of the crime of possession of a firearm in a Safe 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.

(7) Section 1466. —

Manufacture, sale, transport, transfer, purchase, receipt, and possession of assault weapons; class E or F felony.

(c) For the purpose of this section:

(1) “Constable” means an individual who licensed under Chapter 56 of Title 24.

(2) “Firearm” means as defined in § 222 of this title and includes a destructive weapon as defined in § 1444(a) and (c) of this title and includes BB guns.

(3) “Police officer” means as defined in § 8401 of this title.

(4) “Safe Recreation Zone” means 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.

(d) Nothing in this section shall be construed to preclude or otherwise limit a prosecution of or conviction for a violation of this chapter or any other provision of law. A person may be convicted both of the crime of possession of a weapon in a Safe School and Recreation Zone and of the underlying offense as defined elsewhere by the laws of the State.

(e) It shall not be a defense to a prosecution for a violation of this section that the person was unaware that the prohibited conduct took place on or in a Safe School and Recreation Zone.

(f) It shall be an affirmative defense to a prosecution for a violation of this section that the weapon was possessed pursuant to an authorized course of school instruction, or for the purpose of engaging in any school-authorized sporting or recreational activity. The affirmative defense established in this section shall be proved by a preponderance of the evidence. Nothing herein shall be construed to establish an affirmative defense with respect to a prosecution for any offense defined in any other section of this chapter.

(g) [Repealed.]

(h) This section does not apply to any of the following:

(1) A police officer.

(2) A constable employed by a recreation zone who is acting in that capacity within a Safe Recreation Zone.

(i) [Repealed.]

(j) The penalty for possession of a weapon in a Safe Recreation Zone shall be:

(1) If the underlying offense is a class B misdemeanor, the crime shall be a class A misdemeanor;

(2) If the underlying offense is an unclassified misdemeanor, the crime shall be a class B misdemeanor;

(3) If the underlying offense is a class E, F, or G felony, the crime shall be one grade higher than the underlying offense.

(4) If the underlying offense is a class D felony, the crime shall also be a class D felony.

(5), (6) [Repealed.]
--- End quote ---

sprue:
With regard to 1457 I believe that since CCW carriers are exempt from 1442 no offence is being committed.
With regard to 1457A you can not carry a firearm into any school property (we are no longer exempt)
With regard to 1457B same as with school zones.

As I read this, it's carry on as usual but if you're picking up your kids stay on the public sidewalk and don't go inside the school grounds.

Edit: I am still in awe of the fact that they needed to change the law to specifically prevent the safest and most law-abiding citizens in the country from defending themselves and their families. There's no other reason for us to show up to a school in the first place other than picking up/dropping off or conducting parent-teacher meetings. As if having an armed constable occasionally be on the premises is enough of a deterrent.

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