Delaware Concealed Carry Forum
CCW Methods & Issues => General CCW Discussion => Topic started by: MarkB on August 17, 2013, 09:56:25 PM
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After reading the Delaware On Line Code (and two aspirin :)) I have a question about the Safe School and Recreation Zone law. It says possession within 1000 feet of a school is a violation. Does that mean if I am carrying or just going to the range with firearms in my trunk and I drive past a school - as on Rt 9 just west of the circle where Rt 9 goes in front of the school - I am in violation of the law even though I am on a public street?
I see that the law also says that if I am within 1000 feet of an event in a park or other area I am in violation there.
Just asking for clarification. With my luck, I would get into an accident in front of the school while carrying!
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As my instructor explained to me, if you are driving past (not stopping at) the school you are ok. He said that only applies if your in a vehicle(not walking past). That's what I'm going with.
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I know people who have carried at school. I could be wrong, but as I understand it now having a ccdw exempts you for that safe school zone law. Now if the legislature changes the law like those shady cats tried then it could be treated more strict.
Please educate me if I understand this wrong someone.
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Pulling the thread, here's what it appears to be (IANAL). 1457 says firearm in school zone is a 1442 violation but 1442 isn't violated if you have a CCDW permit. HB 67 originally retained this exemption but was amended to remove it. We need to whack the HB 67 mole when the legislative session starts up again.
Title 11 Crimes and Criminal Procedure
Ҥ 1457. Possession of a weapon in a Safe School and Recreation Zone; class D, E, or F: 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 or other deadly weapon, and does so while in or on a "Safe School and Recreation Zone" shall be guilty of the crime of possession of a weapon in a Safe School and 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.”
“§ 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.”
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Pulling the thread, here's what it appears to be (IANAL). 1457 says firearm in school zone is a 1442 violation but 1442 isn't violated if you have a CCDW permit. HB 67 originally retained this exemption but was amended to remove it. We need to whack the HB 67 mole when the legislative session starts up again.
Title 11 Crimes and Criminal Procedure
Ҥ 1457. Possession of a weapon in a Safe School and Recreation Zone; class D, E, or F: 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 or other deadly weapon, and does so while in or on a "Safe School and Recreation Zone" shall be guilty of the crime of possession of a weapon in a Safe School and 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.”
“§ 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.”
Darn right we need to whack that bill.
I am not the smartest person in the world, but I don't think that someone like the people who have done any mass shootings would not do them if they see a no gun sign at the door to the school or if they knew they were not allowed.
I think laws like that just keep decent people from being armed. Now I wonder why our fearless leaders in government cant figure this out?
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Now I wonder why our fearless leaders in government cant figure this out?
Amen brother.
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Pulling the thread, here's what it appears to be (IANAL). 1457 says firearm in school zone is a 1442 violation but 1442 isn't violated if you have a CCDW permit. HB 67 originally retained this exemption but was amended to remove it. We need to whack the HB 67 mole when the legislative session starts up again.
Title 11 Crimes and Criminal Procedure
Ҥ 1457. Possession of a weapon in a Safe School and Recreation Zone; class D, E, or F: 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 or other deadly weapon, and does so while in or on a "Safe School and Recreation Zone" shall be guilty of the crime of possession of a weapon in a Safe School and 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.”
“§ 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.”
I like that better!!
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Word of caution: Federal law and local regs, e.g., UDee, complicate this.