Delaware Concealed Carry Forum
CCW Methods & Issues => New CCW Permit Holders => Topic started by: chipperi on January 07, 2011, 06:39:25 PM
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A few questions I couldn't find elsewhere or were a little vague. I will be traveling back and forth several times over the next year to see my parents in Millsboro, about 20 minutes outside of Rehobeth Beach.
Now I know De accepts my permit, but I sill have a couple questions.
1: Can I carry in Restaurants where alcohol is served as long as I am not drinking like I can here?
2: I have seen conflicting answers on this one...Can I carry while driving.
3: Is the beach considered a WMA or a park? and do they have any Ordinances contradicting state law?
4: How anal are LEOs there? Here in TN if they see it they usually just ask what kind is it and "You have a permit right?". Pretty easy going
5: Is DE a Notify state? Do I have to tell an officer I am carrying as soon as he approaches?
Thanks Guys/Gals
Chip
Piney Flats, TN
KJ4QCV
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Chip,
1: Can I carry in Restaurants where alcohol is served as long as I am not drinking like I can here?
Yes.
2: I have seen conflicting answers on this one...Can I carry while driving.
Yes
3: Is the beach considered a WMA or a park? and do they have any Ordinances contradicting state law?
Yes, you can carry at the beach.
4: How anal are LEOs there? Here in TN if they see it they usually just ask what kind is it and "You have a permit right?". Pretty easy going
First, they shouldn't see your concealed gun. But it happens. Shouldn't be a big deal, unless the LEO is right out of the academy!!
5: Is DE a Notify state? Do I have to tell an officer I am carrying as soon as he approaches?
No law stating you have to notify, but everyone here considers it good practice. I do.
Cheers,
Tony
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3: Is the beach considered a WMA or a park? and do they have any Ordinances contradicting state law?
Yes, you can carry at the beach.
Cape Henlopen STATE Park. State park regs 24.3 (I think).
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Just remember Cape Henlopen and Indian River are State Park and per their regulations carry if prohibited.
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Cool Thanks alot. I usually carry openly unless I am going someplace crowded like a mall restaurant etc. Even though I live in an area that is a mix of Urban Suburban and Rural. I have never had a problem most people react positively even police. That is if anyone notices it at all. In TN you need a permit to carry Openly or Concealed but there is no law saying you have to carry concealed. That way we don't have to worry about BS brandishing laws and other homemade charges if we print or accidentally expose getting something off the top shelf at Wal Mart.
But when in Rome do as the Romans do, When in DE I will wear a cover shirt.
I did notice you guys have to jump through some hoops to get your permits. Character References, an interview..wow.
Thanks Again
Chip
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I did notice you guys have to jump through some hoops to get your permits. Character References, an interview..wow.
placing an ad in a newspaper... >:(
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And, of course, waiting for 4 to 6 months, even after you jump through the hoops.
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Even tho most people cring at the course, It is very good on drilling in when you can pull it, And when you can not..
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Here you take an 8hr course that includes classroom and range time it costs about $50 depending on where you take it. Take the certificate to the DMV and pay them $115 they take your pic and send you to a UPS store to get digitally fingerprinted. Then your Permit will come in the mail in about 6 weeks usually sooner. Expensive but painless. I have had mine for about 3 yrs now.
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Your first question is if you can carry where alcohol is served as long as your not drinking... Someone correct me if im wrong but I was under the impression that you could carry AND drink. (Not that it is a good idea) I thought the law stated that you were legal to carry as long as your under the .08 limit.. I do sometime have a beer or two while out and carrying but if I know im going out for a night of drinking I always leave it at home.
After reading the question I looked to find where I read about the .08 but havent found it yet.. Someone please let me know if this is accurate as I dont want to continue if its illegal.
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Yes, it is legal for you to carry concealed in Delaware and drink. It's not a good idea in my opinion, but it is legal.
Moosie
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I make it a point to never drink while carrying this is just asking for trouble.
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g23, I see where you are comming from...you go out to Red Lobster and have a beer or two while eating your seafood but stil want to carry. I don't carry yet but when I can it will be a two drink MaX...if any at all. I don't want anyone including myself to be a gun tote'n drinking fool. Concealing a weapon holds us to a higher standard.
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I'm with Sig. Drinking at all while you're carrying is just asking for trouble.
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I think you are right....if you ever had to pull, One drop in your system could give a lawyer something to hold against you. Carry = No beer for me.
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If drinking can impair your driving, the lawyers will claim it can impair your shot group. Better to be safe.
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I dont make it a habit but it does happen from time to time... I figure If the situation ever arrives that I need to protect myself or family Id rather have to fight in court for having a beer or two in my system then having to fight or my life or even die.
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I don't drink, and advocate drinking any alcohol while carrying, BUT...
If your gun comes out, and the police are called, your first and only comment should be "I will answer your questions after my attorney arrives."
Unless you're also driving when this happens, the police can't do a sobriety check without your consent.
Don't consent, even if you are completely sober; wait for your lawyer.
By the time he or she shows up, your blood alcohol level should have dropped to 0.000.
If you're drunk enough that waiting an hour or two won't sober you up, and you're carrying, then you might be in trouble... but at least your lawyer will be there to minimize it.
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question, I keep reading about calling your Attorney [if questioned by police], how many people out there have a personal attorney that you can call at a any time. I don't [have lived for 70 years without one], maybe I'am missing something.
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question, I keep reading about calling your Attorney [if questioned by police], how many people out there have a personal attorney that you can call at a any time. I don't [have lived for 70 years without one], maybe I'am missing something.
I guess the answer to that question is "Not enough of us have a lawyer we can call any time."
When I went to Combat Pistol training, that was the first question the instructor asked: who's your lawyer? None of us had an answer. He told us that was a much more important question than what caliber you carry.
You should choose an attorney before you need one. The moment you draw your weapon in public, you need a lawyer. Poking through the Yellow Pages at the police station would suck... and there are things you need to do, and not do, and especially not say, before you get to the police station.
By sheer luck, my small PC repair business got a call from a law office the week after the training. I Googled the guy, and realized he's the best in the state (which has been confirmed by other customers, including a judge). While I was fixing his PC, he agreed to represent me in the event I needed him. During subsequent support calls, we've made sure we're on the same page regarding what to do, not do, say, and not say.
Since then, I've been very available to him and the women who run his office. If anything breaks up there, I fix it immediately. If I need representation, I'll get it.
As for "any time," I might spend a few hours in a holding cell, if the SHTF at 2 AM. However, the moment I say, "My lawyer's name is ______________, and I can't answer questions until he arrives," they need to stop asking questions. I hope their breakfast is good.
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I had one I could call if I needed to for a few years now.. but I wouldn't call him a "call anytime of the day or night" attorney LOL.
Now? One of the best things our CCW instructor handed out was an attorney's business card that you CAN call anytime of the day or night (cell # included) just for those times. I never expect or hope to call him, but if I do, I know he's a good one (family member who is a retired LEO confirmed).
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How do you find a "good lawyer" that is suitable to defend you with this type of things? I wouldnt know how to find a highly recomended one to even talk to.
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Me either, that is way I asked the question.
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I wouldnt think theres that many lawyers that have defended people for legally defending themselves in Delaware. I sure wouldnt want a general "criminal defense" lawyer thats is not a specialist in this field. I mean if you got a dui, you get a lawyer that specializes in dui"s . As goofy as it sounds whos a lawyer that would have this experience and a winning track record you could trust around here?
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Criminal defense is the right kind of lawyer, but you want a really good one with connections.
Ask a cop, or a judge, or another lawyer who THEY would call.
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John Malik
100 E 14th Street
Wilm, 19801
Office Phone 302-427-2247
jmalik@malik-law.com
Cell 302-530-6095 (24/7)
is who I'm calling Heaven forbid I ever have a need to call someone because of my firearm.
however, two others that were recommended...
Joe Hurley 302-658-8980
Eugene Maurer 302-652-7900
Moosie
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Moosie, so have you actually talked to Malik? I wonder what the protocol is for this, does one call up, or visit a lawyer and have him agree to be your representative, or is it kosher to just call one out of the blue, when you are in trouble? Never had a legal problem other than civil/car accident kind of thing, so I am not sure what I would do in a criminal case....
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I spoke to Malik but it was at a party. Our brief conversation didn't involve CCW. Sorry..
If it were me, I'd keep my mouth shut and not say a thing and tell whomever it was that seemed to be confused and locking me up to call my lawyer and tell them where they could find his number. I dont care what time of the night it was. If my butt is in that much trouble, sorry dude, but you're making money off my situation. So hush and show up. LOL
Never been in trouble either, but have been around LEO's and worked in dispatch long enough to know there is a protocol that LEO's follow and eventually you'll get your phone call.
Moosie