Delaware Concealed Carry Forum
CCW Methods & Issues => General CCW Discussion => Topic started by: boosted-delslow on April 04, 2010, 02:53:52 PM
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I got into a little debate with someone thats swears that it is legal to carry in DE with a florida permit even though he is a DE resident. I thought that if you live in DE you had to use the DE permit in the state. Can someone clear this up for me. I think that he is actually carring illegally.
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You are right...If you are a Delaware RESIDENT you MUST have a Delaware Permit to carry... If you are a NON RESIDENT a Florida Permit will be fine...He is carrying illegally...For some reason alot of people are under the same impression your friend is.
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+1 no-go for DE resident to CC w/ FL and NO DE CCDW.
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from the AG's office...
"Pursuant to 11 Del.C. ' 1441(j), as of July 11, 2003, Delaware law allows residents of other states who have been issued a concealed deadly weapon license or permit by certain other states to lawfully carry concealed deadly weapons in Delaware if the state that issued the permit or license also recognizes Delaware's concealed deadly weapons licenses, and if Delaware's Attorney General also determines that the concealed deadly weapons licensing or permit laws in the issuing state "afford a reasonably similar degree of protection as is provided by licensure in Delaware." The Attorney General has determined that only states that require proof of training in firearms safety as a part of their licensing or permit process can meet this requirement.
The Attorney General is in the process of securing agreements with the appropriate officials in certain other states which when completed, permit persons who have a concealed deadly weapon license or permit issued by one of those states to lawfully possess a concealed deadly weapon while visiting or traveling through Delaware. Similarly, Delawareans will be able to possess a concealed deadly weapon while visiting or traveling through those states. However, as of today Delaware does not recognize the concealed deadly weapon licenses or permits issued by states other than those listed below, and these states do not recognize Delaware's concealed deadly weapons licenses as valid."
hope this helps!!
Moosie
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from the AG's office...
"Pursuant to 11 Del.C. ' 1441(j), as of July 11, 2003, Delaware law allows residents of other states who have been issued a concealed deadly weapon license or permit by certain other states to lawfully carry concealed deadly weapons in Delaware if the state that issued the permit or license also recognizes Delaware's concealed deadly weapons licenses, and if Delaware's Attorney General also determines that the concealed deadly weapons licensing or permit laws in the issuing state "afford a reasonably similar degree of protection as is provided by licensure in Delaware." The Attorney General has determined that only states that require proof of training in firearms safety as a part of their licensing or permit process can meet this requirement.
The Attorney General is in the process of securing agreements with the appropriate officials in certain other states which when completed, permit persons who have a concealed deadly weapon license or permit issued by one of those states to lawfully possess a concealed deadly weapon while visiting or traveling through Delaware. Similarly, Delawareans will be able to possess a concealed deadly weapon while visiting or traveling through those states. However, as of today Delaware does not recognize the concealed deadly weapon licenses or permits issued by states other than those listed below, and these states do not recognize Delaware's concealed deadly weapons licenses as valid."
hope this helps!!
Moosie
Nah, I got $10 on the thought that Boosted's buddy will say that he got his info from an LEO, or a member of the judiciary, or someone else like that -- and therefore he knows for a fact that it is true.
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Hi everyone.
I have a problem with all this stuff. Let me see If I can say this without making a fool out of myself, which I prety good at.
Lets say I do somethin wrong and I go to court, and In my defense I say, well I didn't know that I was braking any laws! And I'm told by the good judge that ignorance of the law Is no good reason!!! Now I watch a lot of court TV and when a question comes up and the judge has to go back to his law library and look up the answer from some 200 + or - law books??? that OK, But Me, I must know the law!!! What's wrong with this picture??? Just about every time two lawers go Into a court, more times then not, one If not both are wrong and how many times have judges been overturned by a higher court, and we are a country of laws??????????
I rest my case!!!
In God we trust, all others pay cash. Semper Fi all, Hank.
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Anyone who is carrying on a Florida permit, and living in Delaware, is a FELON. Carrying a concealed weapon without a valid permit is a felony. Out-of-state permits are not valid for Delaware residents to carry in Delaware.
There is no ambiguity in the law; it is spelled out clearly. There won't be any appeals process. The person will go to prison if/when he is caught.
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Hi everyone.
I have a problem with all this stuff. Let me see If I can say this without making a fool out of myself, which I prety good at.
Lets say I do somethin wrong and I go to court, and In my defense I say, well I didn't know that I was braking any laws! And I'm told by the good judge that ignorance of the law Is no good reason!!! Now I watch a lot of court TV and when a question comes up and the judge has to go back to his law library and look up the answer from some 200 + or - law books??? that OK, But Me, I must know the law!!! What's wrong with this picture??? Just about every time two lawers go Into a court, more times then not, one If not both are wrong and how many times have judges been overturned by a higher court, and we are a country of laws??????????
I rest my case!!!
In God we trust, all others pay cash. Semper Fi all, Hank.
Its funny that there is rarely any leniency involved with a person who is ignorant to a Gun law. However, 5th time DUI arrestee's often times get time served after there court decision is made. (Screw minimum mandatory apparently) I like consistency, if your gonna be soft on something be soft on everything. If your gonna be hard on me for something be hard on me for everything. I can at least respect that.
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I would like to add that if you know its the law respect the law, whether you like it or not.
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I would like to add that if you know its the law respect the law, whether you like it or not.
Delaware residents with a valid non-resident CCW permit from a reciprocating state, like Florida, do not have the same rights as non-residents with the same valid CCW permit while visiting Delaware. What's so hard to understand about that?
The Equal Protection Clause of the 14th Amendment doesn't apply. Really.
The law is the law unless, of course, it's unconstitutional. If judges won't uphold The Constitution, who will?
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The florida CCW reciprocy with Delaware is really only intended for Floridians to be able to travel through Delaware its not intended for them to stay . Delaware gives its residents the opportunity to CCW, its a good process, albeit slow. Besides if you can't get a Delaware permit, which isn't hard honestly, do we really want that person to carry anyway?
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The Florida permit does have its perks:
-Reciprocity with 34* states (*30 if not a Florida resident)
-Allows CCW for non-residents in DE (Including many military stationed here)
-Actually looks like an official card/document (not just a receipt) : )
Delaware does not have a non-resident permit, which limits options for some. It turned out to be a great solution for myself and some folks I know.
Cheers from a Florida permit holder!
Boarder
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The florida CCW reciprocy with Delaware is really only intended for Floridians to be able to travel through Delaware its not intended for them to stay . Delaware gives its residents the opportunity to CCW, its a good process, albeit slow. Besides if you can't get a Delaware permit, which isn't hard honestly, do we really want that person to carry anyway?
and expensive...no? Read somewhere it was about $400?
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It's not $400.
New and renewal are $117 and good for 7 years
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The florida CCW reciprocy with Delaware is really only intended for Floridians to be able to travel through Delaware its not intended for them to stay . Delaware gives its residents the opportunity to CCW, its a good process, albeit slow. Besides if you can't get a Delaware permit, which isn't hard honestly, do we really want that person to carry anyway?
and expensive...no? Read somewhere it was about $400?
If you're asking about Delaware... yes, it can be expensive, once the training requirement is met.
My wife's actual application cost -- News-Journal announcement, fingerprinting, photos, and the application fee itself -- was $224.
Training costs vary, but figure at least $200 more.
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The florida CCW reciprocy with Delaware is really only intended for Floridians to be able to travel through Delaware its not intended for them to stay . Delaware gives its residents the opportunity to CCW, its a good process, albeit slow. Besides if you can't get a Delaware permit, which isn't hard honestly, do we really want that person to carry anyway?
and expensive...no? Read somewhere it was about $400?
If you're asking about Delaware... yes, it can be expensive, once the training requirement is met.
My wife's actual application cost -- News-Journal announcement, fingerprinting, photos, and the application fee itself -- was $224.
Training costs vary, but figure at least $200 more.
Yes...that's what I meant...in DE after paying for everything.
I never understood the newspaper announcement...what's the point to that? and according to the statute:
(b) The Prothonotary of the county in which any applicant for a license files the same shall cause notice of every such application to be published once, at least 10 days before the next term of the Superior Court. The publication shall be made in a newspaper of general circulation published in the county. In making such publication it shall be sufficient for the Prothonotary to do the same as a list in alphabetical form stating therein simply the name and residence of each applicant respectively.
It's up to the prothonotary to place the ad...do they leave it up to the applicant to do?
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While it's unfortunate that we have to advertise which homes have guns, it supposedly serves as a notice to your neighbors or other persons who can dispute the fact that you should be allowed to carry a concealed deadly weapon. Assuming, of course, that you didnt get them to fill out your 5 letters! It is the responsibility of the applicant to file and pay for the ad, the pro's office simply makes sure you did that.
Not a lot in the DE process does make sense, but... I see no way around it at this point in time.
Moosie
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Hi all.
But just think of the people that have to live and work In other states like MD, NJ, NY, IL, CA and the other no carry states. They have to go out every day, naked as a "J" bird, whatever that Is? Without a weapon!!! So for me, and I only speak for me. The $4-500 I spend on my carry license Is a small cost. I have spent much more, and got much less!!! So when you strap that bullet launcher on this morning and leave your much safer home. You will know that at least you have a fighting chance of making It for another day. Something to think about, and I do, every day. :)
Semper Fi all. Hank.
In God we trust, all others pay cash.
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Hi all.
But just think of the people that have to live and work In other states like MD, NJ, NY, IL, CA and the other no carry states. They have to go out every day, naked as a "J" bird, whatever that Is? Without a weapon!!! So for me, and I only speak for me. The $4-500 I spend on my carry license Is a small cost. I have spent much more, and got much less!!! So when you strap that bullet launcher on this morning and leave your much safer home. You will know that at least you have a fighting chance of making It for another day. Something to think about, and I do, every day. :)
Semper Fi all. Hank.
In God we trust, all others pay cash.
I get to do the same thing...just across the border here in PA...and it only cost me about $40 for 5 yrs. ::)