Delaware Concealed Carry Forum
CCW Methods & Issues => General CCW Discussion => Topic started by: firststatefirearms on July 30, 2009, 07:29:54 PM
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New Castle County Code Chapter 10 "County State of Emergency" Article 2 Sec. 10.02.001.
Issuance of proclamations; imposition of restraints.
Upon a determination by the County Executive that there is a clear and present danger to the health, life or safety of the people or property in any part of the County, the County Executive may issue a proclamation declaring a state of emergency and may impose such restraints and requirements, including but not limited to periods of curfew or limitations upon the congregating of persons in streets, roads, parks or public open spaces or limitations upon the carrying or stockpiling of firearms, weapons or ammunition as in his or her judgment are proper in order to protect and preserve the health, life and safety of the people and property in the County.(Ord. No. 98-050, § 1(10-26), 5-26-1998)
I called Councilman Tansey's Office (7/17/09) and informed his Aide that this was in violation of DE Steat Law Title 20. "Katrina Act". I was told that this information would be passed onto the Legal Office for review. I called teh Councilman's Office again today (7/30/09) to get an update. The Aide said that the Legal Office has not gave her any information as of yet. But, she will call me as soon as she has an answer.
I think everyone should contact thier County Council Rep and voice thier opinion on this matter.
We don't need another gun seizure like in New Orleans.
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All I can say is WOW!! I'm gonna contact my Councilman and my State Rep this is a really bad thing that I don't want to wait until something bad happens IE Hurricane to figure this out.
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Two words: Μολὼν λαβέ!
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Ok, so since I live under a rock...
what's the "Katrina Act"? and what happened after Katrina in NO?
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A rock? Moosie you must live under a mountain ;D, After Katrina hit the Mayor of New Orleans ordered the Police and National Guard to confiscate any and all firearms they could find. They literally went into peoples homes and took their firearms without any cause. If I'm not mistaken some people are still trying to get their guns back. So about 13 States Delaware being one of them have enacted laws that prevent this, President Bush even signed a law a few years back that financially penalized states that allow this to happen.
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Heres the section of De Law that this pertains to:
DE State Law Title 20 Chapter 31 Sub Chapter III.
§ 3116. Powers.
"c) During an emergency or disaster:
(1) Nothing contained in this section shall be construed as granting the power to suspend or limit the right of law abiding citizens to keep and bear arms for defense of self, family, home and State as guaranteed by Article I, § 20 of the Delaware Constitution; and
(2) Nothing contained in this section shall prevent law-abiding citizens, during such emergency or disaster, from taking reasonable steps to safeguard their arms from destruction, looting or theft, including but not limited to their removal of such items from areas of danger to locations of relative safety. "
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Peeking out from under my mountain....
Thanks, Sig for the clarification. To be honest, I had no idea they did any of this. Yeah, I know. I feel pretty brilliant now! LOL
Thankfully DE has this in place, but it sounds like someone hasn't had their surgery yet... you know.. the cranial rectal inversion surgery.
Thanks for the info... my mountain is calling.
MOosie
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Sent emails last week but no replies yet.
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Councilman Tansey will be introducing a change to this Code. I have the change if anyone is interested in reading it. The County legal Office actual typed it up for the Councilman. I am waiting to hear back form the Councilman's office as to when this change will be brought to the County Council for a vote.
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Can you please post it
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This is what I received from Counciman Tansey's Office.
Introduced by: Mr. Tansey
Date of Introduction:
ORDINANCE NO. 09 -
AMENDING NEW CASTLE COUNTY CODE CHAPTER 10 (CIVIL EMERGENCIES)
REGARDING THE EXERCISE OF EMERGENY POWERS
WHEREAS, during the aftermath of Hurricane Katrina, local and state authorities in and
around New Orleans, LA, declared a state of emergency and then used that state of emergency as
an excuse to confiscate arms from law abiding citizens who were either relying upon those arms
for the defense of self, family or home or were in the process of removing those arms from a
place of danger to a place of safety so as to deprive the criminal element then present access to
those arms; and
WHEREAS, in response to such unlawful conduct by such local and state authorities, the
State of Delaware, as well as many other jurisdictions, enacted clarifying legislation to ensure that
the declaration of a state of emergency can never be used as an excuse to infringe upon the
constitutional right to bear arms; and
WHEREAS, the County desires to amend the County Code section that empowers the
County Executive to declare a state of emergency to clarify that any restraints imposed cannot
infringe upon the constitutional right to keep and bear arms for the defense of self, family, home
and State; and
WHEREAS, Council finds that the provisions of this ordinance are rationally and
reasonably related to legitimate government interests, including, but not limited to, the
protection and preservation of the public health, safety, prosperity, general welfare and quality of
life.
NOW, THEREFORE, THE COUNTY OF NEW CASTLE HEREBY ORDAINS:
Section 1. New Castle County Code Chapter 10 (Civil Emergencies), Article 2 (County
State of Emergency), Section 10.02.001 (Issuance of proclamations; imposition of restraints) is
hereby amended by deleting the stricken material and adding the material that is underscored, as
set forth below.
Sec. 10.02.001. Issuance of proclamations; imposition of restraints.
Upon a determination by the County Executive that there is a clear and present danger to the
health, life or safety of the people or property in any part of the County, the County Executive
may issue a proclamation declaring a state of emergency and may impose such restraints and
requirements, including but not limited to periods of curfew or limitations upon the congregating
of persons in streets, roads, parks or public open spaces [or limitations upon the carrying or
stockpiling of firearms, weapons or ammunition] as in his or her judgment are proper in order to
protect and preserve the health, life and safety of the people and property in the County. During
an emergency or disaster: (1) Nothing contained in this section shall be construed as granting the
power to suspend or limit the right of law abiding citizens to keep and bear arms for defense of
self, family, home and State as guaranteed by Article I, § 20 of the Delaware Constitution; and (2)
Nothing contained in this section shall prevent law-abiding citizens, during such emergency or
disaster, from taking reasonable steps to safeguard their arms from destruction, looting or theft, including but not limited to their removal of such items from areas of danger to locations of
relative safety.
Section 2. This ordinance shall become effective immediately upon passage by New
Castle County Council and approval of the County Executive or as otherwise provided in 9 Del.
C. § 1156.
Adopted by County Council of
New Castle County on:
_________________________
President of County Council of
New Castle County
Approved on:
______________________
County Executive
New Castle County
SYNOPSIS: This amendment provides that the right to bear arms as guaranteed by Article I,
Section 20 of the Delaware Constitution guaranteeing law abiding citizens “to keep and bear arms
for the defense of self, family, home and State” cannot be infringed during a state of emergency
declared by the County.
After this is succesfully passed. I will be attempting to change the NCC Park Regulation.
I encourage all of us to call our County Council member to vote in favor of this change.
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Very well written and I'm glad to see that they took this serious, As far as parks State Parks are an issue to when it comes to carrying concealed.
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NCC Park Regulations prohibit the carry firearms. This is a violation of state law that preempted county, city and town goverments from passing additional gun laws.
New Castle County Code.
Sec. 24.01.014. Possession of certain knives; discharge of weapons.
No person shall carry a knife upon his or her person having a blade three (3) inches or longer in length or have possession of or discharge a BB gun, air rifle, pistol, firearm, paint ball gun, bow and arrow or any other type of lethal weapon in any park.
(Ord. No. 98-050, § 1(24-14), 5-26-1998)
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This is an email I just received from Councilman Tansey's Office.
Sure, it will be introduced at the August 25th mtg, where it is read into the record (no debate or public comment takes place) and then voted on at the following meeting, which will be September 8th. It will be debated and voted on at the September 8th meeting and there is an opportunity for public comment.
I urge all members of New Castle County to call their Council person and ask them to vote in favor of this proposal.
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http://www.state.de.us/facts/constit/welcome.htm
If anyone is interested, this is the link to Delaware's Constitution.
Article 1 S - 20 is the right to bear arms.
I can't stand that many allow our rights to be trampled on. According to DNREC, you cannot carry in a state park. That being said, the DNREC officer I talked to was very nice about it. He told me to contact him if I ever got into a bind (where I was). Obviously I can't elaborate on that.
It is written in plain old black and white; there is NO gray area here. We have that right and we should be allowed to use it. I only wish I had the money to challenge the laws.
"You only have the rights you are willing to fight for."
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This is an email I received from Councilman Tansey's assistant:
I wanted to give you an update on the emergency and right to bear arms legislation. Another Council member approached Councilman Tansey re: another issue dealing with bearing arms to see if it could be added to the ordinance so that everything would be handled at the same time. Councilman Tansey agreed and our Counsel to Council is working on this legislation now. As soon as I have a copy, I will send it to you. In the meantime, Councilman Tansey did not introduce the ordinance I previously sent you last night due to this development. I am thinking the new legislation with both components will be introduced at the next meeting on Sept 8th and voted on Sept 22nd. I will confirm this and let you know.
Please let me know if you have any questions.
I spoke with her yesterday, she stated that the other council member wants to add a change to the "County Park Regulation". I will forward the new information as soon as I get it from the County. Hopefully the addition will remove the ban on firearms from County Parks.
Again I urge everyone to contact their County Rep to support the change.
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Thanks for the update
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New Castle County Council wil be making two changes regarding Firearms. The first is regarding "County State of Emergency" the second is regarding "Posession of Firearms in NCC Parks".
This Ordinance will be introduced on 9/22/09 and Voted on 10/13/09.
Attached is a copy of the ordinance. Please call your County Council person and ask them to vote in favor of these changes.
ORDINANCE NO. 09 -
AMENDING NEW CASTLE COUNTY CODE CHAPTER 10 (CIVIL EMERGENCIES)
AND CHAPTER 24 (PARKS AND RECREATION)
REGARDING POSSESSION OF FIREARMS
WHEREAS, during the state of emergency declared after Hurricane Katrina, local and
state authorities in and around New Orleans, LA were allegedly ordered to confiscate arms from
law abiding citizens who were either relying upon those arms for the defense of self, family or
home or were in the process of removing those arms from a place of danger to a place of safety so
as to deprive the criminal element then present access to those arms; and
WHEREAS, in response to such unlawful conduct by such local and state authorities, the
State of Delaware, as well as many other jurisdictions, enacted clarifying legislation to ensure that
the declaration of a state of emergency can never be used as an excuse to infringe upon a citizen’s
constitutional right to bear arms; and
WHEREAS, to this end, the County desires to amend the New Castle County Code (“the
Code”) by clarifying that any restraints imposed during a County state of emergency cannot
infringe upon the constitutional right to keep and bear arms for the defense of self, family, home,
and State; and
WHEREAS, the State of Delaware prohibits the County from enacting any “law or
regulation prohibiting, restricting or licensing the ownership, transfer, possession or
transportation of firearms or components of firearms or ammunition except that the discharge of
a firearm may be regulated; provided any law, ordinance or regulation incorporates the
justification defenses as found in Title 11 of the Delaware Code”. 9 Del. C. § 330(c); and
WHEREAS, in 1973 the County adopted legislation prohibiting possession of a BB gun,
air rifle, pistol, firearm, bow and arrow, or any other type of lethal weapon in any park (Ord. No.
73-3, § 1) and extended such prohibition to paint ball guns in 1998 (Ord. No. 98-050, §1); and
WHEREAS, in order to comport with State law, the County desires to amend the County
Code by removing the prohibition on the possession of a firearm and adding language regarding
the exception for discharge; and
WHEREAS, Council finds that the provisions of this ordinance are rationally and
reasonably related to legitimate government interests, including, but not limited to, the
protection and preservation of the public health, safety, prosperity, general welfare and quality of
life.
NOW, THEREFORE, THE COUNTY OF NEW CASTLE HEREBY ORDAINS:
Section 1. New Castle County Code Chapter 10 (Civil Emergencies), Article 2 (County
State of Emergency), Section 10.02.001 (Issuance of proclamations; imposition of restraints) is
hereby amended by deleting the stricken material and adding the material that is underscored, as
set forth below.
Wrd/tansey/ possession of firearms/ ord (9-2-09)
Emergencies and Firearms
Sec. 10.02.001. Issuance of proclamations; imposition of restraints.
Upon a determination by the County Executive that there is a clear and present danger to the
health, life or safety of the people or property in any part of the County, the County Executive
may issue a proclamation declaring a state of emergency and may impose such restraints and
requirements, including but not limited to periods of curfew or limitations upon the congregating
of persons in streets, roads, parks or public open spaces [or limitations upon the carrying or
stockpiling of firearms, weapons or ammunition] as in his or her judgment are proper in order to
protect and preserve the health, life and safety of the people and property in the County. During
an emergency or disaster: (1) Nothing contained in this section shall be construed as granting the
power to suspend or limit the right of law abiding citizens to keep and bear arms for defense of
self, family, home and State as guaranteed by Article I, § 20 of the Delaware Constitution; and (2)
Nothing contained in this section shall prevent law-abiding citizens, during such emergency or
disaster, from taking reasonable steps to safeguard their arms from destruction, looting or theft,
including but not limited to their removal of such items from areas of danger to locations of
relative safety.
Section 2. Section 24.01.014 (Possession of certain knives; discharge of weapons) of the
New Castle County Code Chapter 24 (Parks and Recreation) is hereby amended by the deletion of
the stricken text and the addition of the underlined text set forth below:
Sec. 24.01.014. Possession of certain knives; discharge of weapons.
No person shall carry a knife upon his or her person having a blade three (3) inches or
longer in length or [have possession of or] discharge a BB gun, air rifle, pistol, firearm,
paint ball gun, bow and arrow or any other type of lethal weapon in any park except in
defense where justified as provided in 11 Del. C. § 464, or its successor.
Section 3. This ordinance shall become effective immediately upon passage by New
Castle County Council and approval of the County Executive or as otherwise provided in 9 Del.
C. § 1156.
Adopted by County Council of
New Castle County on:
_________________________
President of County Council of
New Castle County
Approved on:
______________________
County Executive
New Castle County
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I strongly urge everyone to contact their County Council Rep and ask them to suport these changes.
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Any updates on these two changes?
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This has been passed by County Council.
Introduced by: Mr. Tansey
Date of Introduction:
ORDINANCE NO. 09 -
AMENDING NEW CASTLE COUNTY CODE CHAPTER 10 (CIVIL EMERGENCIES)
REGARDING THE EXERCISE OF EMERGENY POWERS
WHEREAS, during the aftermath of Hurricane Katrina, local and state authorities in and
around New Orleans, LA, declared a state of emergency and then used that state of emergency as
an excuse to confiscate arms from law abiding citizens who were either relying upon those arms
for the defense of self, family or home or were in the process of removing those arms from a
place of danger to a place of safety so as to deprive the criminal element then present access to
those arms; and
WHEREAS, in response to such unlawful conduct by such local and state authorities, the
State of Delaware, as well as many other jurisdictions, enacted clarifying legislation to ensure that
the declaration of a state of emergency can never be used as an excuse to infringe upon the
constitutional right to bear arms; and
WHEREAS, the County desires to amend the County Code section that empowers the
County Executive to declare a state of emergency to clarify that any restraints imposed cannot
infringe upon the constitutional right to keep and bear arms for the defense of self, family, home
and State; and
WHEREAS, Council finds that the provisions of this ordinance are rationally and
reasonably related to legitimate government interests, including, but not limited to, the
protection and preservation of the public health, safety, prosperity, general welfare and quality of
life.
NOW, THEREFORE, THE COUNTY OF NEW CASTLE HEREBY ORDAINS:
Section 1. New Castle County Code Chapter 10 (Civil Emergencies), Article 2 (County
State of Emergency), Section 10.02.001 (Issuance of proclamations; imposition of restraints) is
hereby amended by deleting the stricken material and adding the material that is underscored, as
set forth below.
Sec. 10.02.001. Issuance of proclamations; imposition of restraints.
Upon a determination by the County Executive that there is a clear and present danger to the
health, life or safety of the people or property in any part of the County, the County Executive
may issue a proclamation declaring a state of emergency and may impose such restraints and
requirements, including but not limited to periods of curfew or limitations upon the congregating
of persons in streets, roads, parks or public open spaces [or limitations upon the carrying or
stockpiling of firearms, weapons or ammunition] as in his or her judgment are proper in order to
protect and preserve the health, life and safety of the people and property in the County. During
an emergency or disaster: (1) Nothing contained in this section shall be construed as granting the
power to suspend or limit the right of law abiding citizens to keep and bear arms for defense of
self, family, home and State as guaranteed by Article I, § 20 of the Delaware Constitution; and (2)
Nothing contained in this section shall prevent law-abiding citizens, during such emergency or
disaster, from taking reasonable steps to safeguard their arms from destruction, looting or theft, including but not limited to their removal of such items from areas of danger to locations of
relative safety.
Section 2. This ordinance shall become effective immediately upon passage by New
Castle County Council and approval of the County Executive or as otherwise provided in 9 Del.
C. § 1156.
Adopted by County Council of
New Castle County on:
_________________________
President of County Council of
New Castle County
Approved on:
______________________
County Executive
New Castle County
SYNOPSIS: This amendment provides that the right to bear arms as guaranteed by Article I,
Section 20 of the Delaware Constitution guaranteeing law abiding citizens “to keep and bear arms
for the defense of self, family, home and State” cannot be infringed during a state of emergency
declared by the County.
As far as the County Code regarding the County Parks, nothing has been accomplished. The other Council Person did not talk with Mr. Tansey and Mr. Tansey decided to go with the above change. I will start working on the Park Regulation after the holiday.
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The above listed change was approved by the County Executive on 11/9/09. Therefore it is now county law.
That's one win for the Gun Owners of New Castle County.