Delaware Concealed Carry Forum

State News & Gun News => Delaware News => Topic started by: Trapper on January 31, 2018, 08:07:52 PM

Title: Upcoming DNREC Public Hearings- Firearm Possesion on State Lands
Post by: Trapper on January 31, 2018, 08:07:52 PM
I received an email from Senator Dave Lawson today, I’m sure you did also.

Upcoming Hearings propose new regulations for firearms possession within Delaware state parks, wildlife areas, and state forests
 


The Delaware Department of Natural Resources and Environmental Control (DNREC) and the Delaware Department of Agriculture (DDA) have proposed new regulations expanding the scope of legal possession of firearms within Delaware's state parks, state wildlife areas and state forests. Both agencies submitted the proposed regulations for publication in the Feb. 1 Monthly Register in response to a Dec. 7, 2017 Delaware Supreme Court decision that overturned a Superior Court ruling and expanded the scope of visitors' ability to possess firearms in Delaware's state parks under DNREC's authority and state forests which are under the DDA's jurisdiction.

Following the Court's decision to invalidate existing regulations limiting firearms in those state lands, DNREC and DDA earlier issued interim regulations which went into effect on Dec. 26, 2017. The interim regulations, issued by Orders of the DNREC and DDA Secretaries, respect the State Constitutional provisions on firearms cited by the Supreme Court in its ruling, by implementing the State's interest in ensuring public safety in a less restrictive manner. Interim regulations are effective for 120 days, with the possibility of a 60-day extension, for a total of 180 days before new regulations must be promulgated.

The proposed regulations by DNREC and DDA, pursuant to the Supreme Court ruling, state that visitors may legally possess firearms, as allowed by Delaware law, in state parks, wildlife areas and forests unless they are prohibited by law due to a past conviction for a violent crime, active Protection from Abuse Order, or mental health commitment. This would include, for example, trails, unguarded beaches, parking lots, and vehicles. The proposed regulations prohibit firearms only in certain public facilities and designated areas such as park offices, visitor centers, nature centers, bathhouses, stadiums and facilities while used for events, museums, zoos, stables, educational facilities, dormitories, playgrounds, camping areas, swimming pools, guarded beaches, and water parks. Proposed regulations call for these designated areas to be identified by appropriate signage.

The proposed regulations allow holders of valid Delaware concealed-carry permits to carry within parks, including designated areas, provided only that the permit be produced upon request. The regulations would further allow active-duty law and qualified retired law enforcement officers to carry anywhere within the parks and other areas affected by Supreme Court decision.

The proposed regulations can be found on the DNREC website at: http://www.dnrec.delaware.gov/Admin/Documents/DNREC-DDA-Proposed-regulations-for-firearms-possession-in-state-parks-and-forests.pdf.

A public hearing on the proposed regulations will be held March 12 at 6 p.m. in DNREC's Richardson & Robbins Auditorium, 89 Kings Highway, Dover, DE 19901. Public workshops on the proposed regulations will be held in February in all three counties in advance of the March 12 public hearing. The dates, times and locations of the workshops are:
New Castle County: Thursday, Feb. 15, 6 p.m., DNREC offices, 391 Lukens Drive, New Castle, DE 19720
Kent County: Tuesday, Feb. 20, 6 p.m., DNREC R&R Auditorium, 89 Kings Highway, Dover, DE 19901
Sussex County: Thursday, Feb. 22, 6 p.m., Sussex Central High School Auditorium, 26026 Patriots Way, Georgetown, DE 19947
Title: Re: Upcoming DNREC Public Hearings- Firearm Possesion on State Lands
Post by: Clarence on January 31, 2018, 08:55:52 PM
It looks like they have changed this from the earlier "emergency" regulation in that you don't have to show your license to carry unless asked.

Looks like they are trying to confine open carriers to certain areas.

Looks like out-of-state residents, even those who have a reciprocal license are not allowed to carry unless blessed by the director.   This is problematic for the Division  as state law recognizes reciprocal licenses to be valid on an equal basis to state residents licenses.
Title: Re: Upcoming DNREC Public Hearings- Firearm Possesion on State Lands
Post by: JonathanG on January 31, 2018, 10:54:38 PM
It’s problematic that they are requiring someone to produce ID when demanded simply because they are carrying a firearm. If a person isn’t suspected of criminal activity, and there isn’t an articulable reason for stopping a person, the individual ought be able to move about unmolested by governmental interference.
Title: Re: Upcoming DNREC Public Hearings- Firearm Possesion on State Lands
Post by: SteveMiller on February 01, 2018, 12:06:04 AM
I guess I am wondering why we need any rules beyond that create any more restriction than every other place in the state?   Do people really behave that different in state parks?  I think we need to start there. Totally ridiculous and I question the authority of any rules they come up with.   
Title: Re: Upcoming DNREC Public Hearings- Firearm Possesion on State Lands
Post by: JonathanG on February 01, 2018, 12:09:28 AM
I guess I am wondering why we need any rules beyond that create any more restriction than every other place in the state?   Do people really behave that different in state parks?  I think we need to start there. Totally ridiculous and I question the authority of any rules they come up with.   

I agree.
Title: Re: Upcoming DNREC Public Hearings- Firearm Possesion on State Lands
Post by: Obleo on February 03, 2018, 09:10:20 PM
"The proposed regulations prohibit firearms only in certain public facilities and designated areas such as park offices, visitor centers, nature centers, bathhouses, stadiums and facilities while used for events, museums, zoos, stables, educational facilities, dormitories, playgrounds, camping areas, swimming pools, guarded beaches, and water parks."

I don't usually open carry but I must object to such anti 2A action on that community.

Look. If I walk into a bank with a hoodie and sunglasses on the employees will stop me with plenty of justification.  If someone intentionally creates a similar atmosphere anywhere I can understand LE asking questions.  BUT, for the most part, law abiding folks almost always present themselves as law abiding and should not be harassed.

As for concealed.  No one has ever seen that disgusting tattoo on my &%#*%@ and never will. Same with my firearm.
Title: Re: Upcoming DNREC Public Hearings- Firearm Possesion on State Lands
Post by: Just Bill on February 03, 2018, 10:33:56 PM
I go in all those places and no one even knows....that's why the call it 'concealed carry'.   Why shucks, I've even been in TGIFridays with it.......didn't stay for din though.

Bill
Title: Re: Upcoming DNREC Public Hearings- Firearm Possesion on State Lands
Post by: Clarence on February 03, 2018, 11:30:17 PM
The restrictions on open carry are clearly contrary to the Supreme Court ruling as the court reiterated the 2014 ruling that open carry was a fundamental right and even found it bizarre that it is perfectly legal to open carry in Rodney Square but against the rules to do so in a rural pArk or forest. 
Title: Re: Upcoming DNREC Public Hearings- Firearm Possesion on State Lands
Post by: SturmRugerSR9 on February 04, 2018, 12:28:38 PM
Proving you have to be mentally fit to carry, but not to govern.
Title: Re: Upcoming DNREC Public Hearings- Firearm Possesion on State Lands
Post by: muleman88 on February 04, 2018, 01:40:08 PM
Proving you have to be mentally fit to carry, but not to govern.
👍👍
Title: Re: Upcoming DNREC Public Hearings- Firearm Possesion on State Lands
Post by: greymas on February 04, 2018, 02:14:36 PM
Proving you have to be mentally fit to carry, but not to govern.

Well said!