Unlicensed carry in your own home or on your own property??

[EricF1983]

Ok, So I was having a discussion with someone at work today about the ccw class/process and all and he presented an interesting question. Can one legally carry concealed while INSIDE their own home or while on their own property? I seem to remember reading a while back about a guy who was caught concealing inside his house and was convicted of illegally carrying concealed on the grounds that the law doesn't specifically exempt while inside your own home. Can't remember the circumstances of the case though and I can't find anything on it now.
Does anyone have a link to any articles that pertain to the case law on this one? I read the law on the books and there isn't an exception that I can find regarding real property.
I carry open while at home, I don't have my permit yet and don't want to make any waves but what's the deal? Could an individual wear a ccw holster in their house with the gun and be OK or would that be tempting fate?
Seems to me it should be a no-brainer but i digress, laws unfortunately tend to be mindless.
I'd love for an attorney to chime in.

Thanks!!

[Adrenolin]

Legally you're not allowed to CCDW anywhere without a state CCDW permit and yes that includes your home and property. Yes you can open carry.

That said, if you have applied for your permit an have a sidearm and CC holster I'd suggest wearing it for comfort and draw practice (safety first;unload!). I would not answer the door or go outside though.

[EricF1983]

Hi Adrenolin,
Thanks for the quick reply. While I have my equipment I've resisted the urge to wear the gun and holster. I thought I had read that there's no exception even inside your own home.

[Clarence]

I believe the case you speak of was Delaware vs Griffith.  The concealed weapon was a knife.   I believe that this was overturned based on Article 20 of the state constitution. This was a few years ago.  

More recently however the case of the Housing Authority clearly
Ruled that you do have a right to carry in the home concealed or otherwise.  

Here is a copy of the court case.  

http://www.thetruthaboutguns.com/wp-content/uploads/2014/03/DOE_V_WHA_-_SUPREME_COURT_OPINION_U00946381.pdf


I am NOT a lawyer however.  

[Adrenolin]

Clarence.. Maybe so but Delaware makes no distinction with your own property and CCDW. Personally if you don't answer the door or tell anyone then how is anyone going to know. I think we should all be able to carry within our homes or on our property but that's not 'permitted' by law.

I know of no exclusion for inside ones home or on personal property.

http://delcode.delaware.gov/title11/c005/sc07/index.shtml

§ 1442. Carrying a concealed deadly weapon; class G felony; class D felony.

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.
Carrying a concealed deadly weapon is a class G felony, unless the deadly weapon is a firearm, in which case it is a class D felony.
It shall be a defense that the defendant has been issued an otherwise valid license to carry a concealed deadly weapon pursuant to terms of § 1441 of this title, where:

(1) The license has expired,
(2) The person had applied for renewal of said license within the allotted time frame prior to expiration of the license, and
(3) The offense is alleged to have occurred while the application for renewal of said license was pending before the court.

[Clarence]

You are of course correct as far as the law goes. That law was written over 100 years ago but I don't believe had ever been interpretation to include in your home until the Griffith case which I believe was during a drug arrest. 

My lord even New Jersey permits concealed carry on your own property without a permit


The recent Housing Authority case opinion should preclude any such charge.  The opinion also very clearly states that open carry is protected as a fundamental right.

Read pages 10 through about 14

[Cbmarine]

...
My lord even New Jersey permits concealed carry on your own property without a permit
...

It's my understanding that to own a handgun in NJ requires a permit from the local chief of police and that advice came with "don't plan on the chief agreeing".

[SturmRugerSR9]

I wore my pistol concealed, to get use to it,  in my house while waiting for my permit. I never wore it concealed outside though. I did carry open out side though. The difference is whether I did or didn't flip my shirt or jacket over it.

[Clarence]

...
My lord even New Jersey permits concealed carry on your own property without a permit
...

It's my understanding that to own a handgun in NJ requires a permit from the local chief of police and that advice came with "don't plan on the chief agreeing".

That is a permit to purchase.  Requires a sign off from police. The law in New Jersey specifically says you do not need a permit on your own property.

However as private sales must go through the same process, the only legal handgun without this purchase permit is for someone who moves from out of state or had the gun before the law required the Firearms Owners ID card or permit to purchase.  1966

[Adrenolin]

Hi Adrenolin,
Thanks for the quick reply. While I have my equipment I've resisted the urge to wear the gun and holster. I thought I had read that there's no exception even inside your own home.

Give in and don't resist. Put it on and wear it but I wouldn't answer the door with it. Really.. Are you expecting the police to show up and crash your front door? Not likely so in truth it IS fairly safe to wear it inside. Put it on when you first get up and get used to the feel and weight of it, move its location to see where you prefer it, stand, sit and lie down with it and even roll around if you'd like in the different positions. If you park your car inside your garage go sit and find if you can draw from that position with a seatbelt on.

I went from appendix carry through to COB carry locations and settled right at about 3:15 with a Walther PPQ in a Comp-Tac MTAC holster, carry all day long and find it very comfortable. It took awhile to find that perfect position for me. Remember, its a combination of the holster, belt and firearm that makes carrying comfortable.

Again, while there is no Delaware exception you shouldn't have any issues and its a safe environment to train and get used to it. You do want to be comfortable once you receive a permit.

Please note safety first and ensure the firearm is unloaded when appropriate.

[Adrenolin]

You are of course correct as far as the law goes. That law was written over 100 years ago but I don't believe had ever been interpretation to include in your home until the Griffith case which I believe was during a drug arrest. 
....

Its still Delaware Law. If an officer whose against public carry knocks on your door for some reason and notices you CCing, asks for a permit and you can't provide one, they would likely arrest you and let the courts work their expensive voodoo. Chances are slim of this on many levels but so are the chances of any of us having to ever use the firearms we carry. How about this.. you're waiting for your permit, CCing in the home when someone enters and attacks you. You draw, shoot and kill the intruder who falls out the front door on your steps. The cops arrive, ask where you got the gun to which you answer you were CCing inside your home while awaiting your permit. Anti-gun officer or a similar DA arrests you as an example or to make a name for themselves.

I'm simply saying that unless Delaware writes an exception allowing carrying without a permit on your own property one will always run the risk, however little it is, of being discovered and arrested.

Still, its your choice and the risks are very low of discovery. I didn't simply because I didn't have a holster until after I got my permit. If I had a CC holster I'd have likely CCed inside to get used to it.

[oldgraygeek]

How about this.. you're waiting for your permit, CCing in the home when someone enters and attacks you. You draw, shoot and kill the intruder who falls out the front door on your steps. The cops arrive, ask where you got the gun...

...and you reply that you will cooperate fully with their investigation after your attorney arrives, and you don't say another word.

[Clarence]

You are correct Adrenolin.  The law does not provide an exemption.

I would think that case law (and police in a Delaware do have access to this) would stop them before they laid the charge. But maybe not.  In that case you would be arrested and have to go through the system

A nasty process. Absent any other issues you would be cleared I would hope.

The law says "on or about the person" so I guess a real gung-ho cop could stretch this to a charge if you had the gun in a case and were carrying to your car.

Guess the only real legal way is in a holster exposed.

As for the cop at the door asking for a permit I would second Old Grays advice.

[Clarence]

But in the scenario that Adrenolin mentioned, if a neighbor noticed that you were carrying then it would not be concealed so the policeman would have no reason to even question you about a carry permit.