Question from a Newbie?

[GRANNYFRANNY]

Hi, I am new to this forum. I found the forum today and think this is the perfect place to get information regarding
Delaware law on concealed carry. 

I live in Florida and have a Florida resident license to carry.  My driving license is from Delaware as we live here during the summer.  We file our taxes and vote in Florida.  I went to the Georgetown P, office to see what I needed to do to get my CCL in Delaware.  The lady said I must take the whole course, and I told her that I did take the course in Flroida and should only have to file the papers and pay a fee. She asked all the questions, regarding where I vote, pay taxes, etc.  Since she was not sure she asked the judge who was in his chambers, and then said he did not know the answer.
This occured in October of last year and now I am back here and need to know what to do.  My argument is I went through the course in Florida and have a license to carry.  Why would I need to redo the course except to make money for the state. 
Any idea's as what to do or who to call, please let me know.

[Lumspond]

GrannyFranny,
It sounds like you are a Florida resident. Delaware does not issue non resident CCDW licenses. However, Delaware does honor your Florida resident permit.
You can get some good reciprocity data at this site:
http://www.handgunlaw.us/

Welcome to the site!
Lumspond

[GRANNYFRANNY]

I would agree with you, however the Delaware driving license according to the court house makes me a Delaware resident.  I just want to be able to carry and don't want to get into legal issues with this problem.
My question, is will they let me get a Delaware without doing the firearms course, etc.  Can I just do a renewal form?

[Moosie]

Welcome to the forum, GrannyFanny.

You must complete the firearms course, and go through the whole process as a Delaware resident.  If you are a FL resident, then your permit from FL is good provided you are just passing through and you're not living here. 

Hope this helps,

Moosie

[rusirius]

I would agree with you, however the Delaware driving license according to the court house makes me a Delaware resident.  I just want to be able to carry and don't want to get into legal issues with this problem.
My question, is will they let me get a Delaware without doing the firearms course, etc.  Can I just do a renewal form?

Hi GrannyFranny.  Take what I have to say with a grain of salt since I'm not a government official, lawyer, leo, or anything even similar.  Hell, I'm an I.T. guy... LOL...  Still, I THINK I can help you make some sense of this...

You're absolutely right in this.  In order to get a Delaware drivers license you must be a "Resident" of Delaware.  Even though you live in FL most of the year, vote, pay taxes there, etc... You are still considered in the eyes of Delaware a "Delaware Resident".

Once we have that bit clear, the rest becomes fairly clear as well.

Delaware does have a reciprocity agreement with FL, meaning that if you were strictly a resident of FL, you would be just fine with your FL license.  However, Delaware REQUIRES that any Delaware resident (that's you!) MUST have a Delaware CCDW in order to carry.  In other words, you can have 15 out of state licenses and be allowed to carry all day long in Delaware AS LONG AS YOU DON'T LIVE HERE.  The moment you become a resident you cannot carry without a Delaware CCDW.

So now we've established that you must get a Delaware CCDW.  Despite having a FL license, you'll still need to jump through all the same hoops that any other Delaware resident would need to go through.

That means running your "intent" ad, getting references from 5 residents who live in the same county, getting fingerprinting and background check, and yes, even taking a course that meets the requirements for Delaware CCDW.  Once all this is complete you can file the application (along with your pics) and wait a few months to (hopefully) get approved.

Now, as far as the course goes, I'm not POSITIVE about this part, but I believe there is a "time limitation" on the course.  Meaning even if you still have the notarized certificate from where you took the course in FL, and even if that course meets the Delaware guidelines, I believe it STILL must be no more than 6 months old.  Again I'm not sure about the aging, someone else may be able to chime in on that.  If there is no aging and the other requirements are met, then you should be able to use that certificate in order to file with Delaware.

I hope this answers your questions, and I hope I'm right about all this, but I'm fairly certain I am.

[oldgraygeek]

I am not a lawyer...
(but, I'd be happy to refer you to one of the best criminal defense attorneys in Delaware, who would probably confirm what I'm about to say):

If you encounter police officers here in Delaware while carrying

• a concealed firearm
• a Delaware driver's license, and
• a Florida CCDW permit

...you will become what is known as a "convicted criminal."

Having a DE license makes you a DE resident, and a DE resident can only carry concealed in Delaware with a DE permit.

We don't want that to happen to a law-abiding citizen, so I recommend that you confirm what I've written here... and, if I'm right, either leave your firearm at home for the four to six months it will take to obtain a DE permit or head down to Florida and get one of their driver's licenses.

[SKYDIVR]

Geek and Rusirius hit the nail on the head. Welcome to the madness that is Delaware Granny.

Welcome to the forum as well.

[Animal66]

It sounds like it would be easier for you to just get a FL drivers license.
Also, When I took the course, they told me that the certificate was good for one year.

Good Luck!

[muleman88]

It sounds like it would be easier for you to just get a FL drivers license.
Also, When I took the course, they told me that the certificate was good for one year.

Good Luck!

Thats what I was thinking.

[Pete D.---]

But, in Delaware, you can open carry in most places (read- check the laws!)- and... is there anything more intimidating than an openly pack'n Granny? I think NOT! Welcome Granny and thanks for keeping us safe! Pete D.---

[Moosie]

After re-reading the original post, I realized that unless you can prove Delaware residency (i.e., Delaware drivers license) that you're not getting a DE CCW.  Only Delaware RESIDENTS can get one!  However, your FL CCW may present some issues if you chose to claim FL as your state of residency.  DE allows residents of other states to carry concealed as they are PASSING THROUGH (i.e., vacation, TEMPORARY stays). 

Since you could have both DE and FL if you claim DE as your state of residency, I'd suggest you obtain and maintain a DE drivers license.

Moosie

[trevor]

One small point: delaware has specific requirements for the course, and it's unlikey that if you took a FLA course in FLA that would have hit the points that delaware requires. Sorry to add yet another wrinkle.

[MarinoTactical]

First off, I'll say that there is no such thing as too much training. If its been over a couple of years since you took the FL class, a refresher never hurt anyone, even if DE doesnt require it.
On to the question, I agree with the masses that you should definitely get a DE permit however; if I were in your shoes (and didn't believe my opening statement) I would apply without taking a DE course. Delaware bases their entire reciprocity program on the similarity of content of each States required course to DE's requirements. So if your FL course was similar, you may be good. You can complete all the other DE application requirements and submit the app with the certificate from your Florida course and a letter detailing your residency situation, that you have had a valid FL permit for however long, the course was administered by an NRA or State certified instructor, included live fire, content met DE requirements etc. You might get lucky and they will approve the application. If not, you will most likely get a "pending approval". Basically, they dont deny the permit, they just put it in limbo until you take a course that meets their requirements. The plus side to doing it that way is if they do accept the FL course, you save the time and money of another DE course. The down side is that it usually adds a couple months to the application process.
This is not an uncommon practice by any means. I take calls on a pretty regular basis from people with old criminal or traffic background "issues" that want to know if they can get the permit or not. This is usually the course of action I suggest to save them from taking a class and putting out money if they are just going to get denied anyway.
Good  luck!

[Aries]

  My argument is I went through the course in Florida and have a license to carry.  Why would I need to redo the course except to make money for the state. 
Any idea's as what to do or who to call, please let me know.

Taking a CCW course in Florida for a Fla permit does not qualify for a Delaware CCW permit.