CCW Methods & Issues > General CCW Discussion

Exactly what does our DECCW exempt us from?

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Libertarian5:
Since the passing of the unconstitutional gun laws I would like to know what we are exempt from? For both PA and DE CCW.

Oaklandopen:
exempt in terms of what? your ccw doesn't give you a pass to purchase any of the banned weapons since they can't even be sold in the first place. im not even sure you can transfer the existing ones at all, even to family. basically, if the law stays in place anyone who owns the banned weapons beforehand is the LAST owner of said banned weapon

Libertarian5:
That's what I am trying to figure out. I would be able to purchase a rifle in PA without issue. Semi auto pistol if I purchase out of state needed transfered. Would I now be blocked from purchasing a AR or AK in PA because I live in DE?

Oaklandopen:
ccw or not we are not supposed to have any of the banned weapons in delaware. if you are grandfathered in you also shouldn't even leave the state and come back with it, ie going to a PA range with your DE purchased AR with detachable mag. there's another thread talking about not even needing probable cause for a cop to pull you over after leaving one state to come back to de in order to search your vehicle specifically for a banned weapon

also, even being grandfathered in it seems like a hassle to even go to any delaware range with a currently banned weapon. although that would be grounds for a lawsuit, idk who is ready to go through that process.

lets just hope current lawsuits help to get these laws passed over the summer removed

Clarence:

--- Quote from: Oaklandopen on October 29, 2022, 12:33:12 PM ---exempt in terms of what? your ccw doesn't give you a pass to purchase any of the banned weapons since they can't even be sold in the first place. im not even sure you can transfer the existing ones at all, even to family. basically, if the law stays in place anyone who owns the banned weapons beforehand is the LAST owner of said banned weapon

--- End quote ---

Here is the law:  HB 450

https://legis.delaware.gov/json/BillDetail/GetPdfDocument?fileAttachmentId=572042


Line 185:  It looks to me that you may bequeath the weapon at death but you may not transfer it to anyone except law enforcement or a licensed gun dealer.

As for transport, lines 215 to 223 seem to indicate that you can transport for several reasons including going to the range. Whether returning from an out of state range would be covered or if you would be in jeopardy of being charged with “importing” the weapon is a matter that is unclear.  The exemption for transporting to a range does not state that it must be a range in Delaware nor does the ban on importing into the state have an exemption for taking to a range.

I guess ultimately it would be up to a jury.

In that convicted felons are already banned from possession, this law is solely directed at law abiding gun owners.  This is by design and I am quite sure they would be thrilled to trip up an unsuspecting law abiding gun owner and put them in prison.  Obviously this is their goal.

I would refrain from transporting any such firearm until this is settled in court. 

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