Delaware Concealed Carry Forum

CCW Methods & Issues => General CCW Discussion => Topic started by: MarcWinkman on August 03, 2016, 04:22:44 PM

Title: FILING!
Post by: MarcWinkman on August 03, 2016, 04:22:44 PM
I'm waiting on the last couple of things before filing.  I have my paperwork and course completed.  My newspaper ad should run on Friday in the Newark Post and I'm scheduled for fingerprinting next Friday, though I may just stop by Delaware State Police in Dover after I finish up my hearings at the Kent County Courthouse on Monday. 
Title: Re: FILING!
Post by: 29thInfantry on August 03, 2016, 10:38:44 PM
Awesome news!!!
Title: Re: FILING!
Post by: Bobbysr on August 04, 2016, 11:55:34 PM
When I filed at the beginning of the year, they told me 6 months. I got my license in 7 weeks.
Title: Re: FILING!
Post by: MarcWinkman on August 09, 2016, 01:13:46 PM
When I filed at the beginning of the year, they told me 6 months. I got my license in 7 weeks.

That's excellent news!  I'm filing today as I got fingerprinted yesterday after I finished up my hearings in Dover and I got my certificate of publication in the Newark Post in yesterday's mail.  Hopefully I'll be on the quick side too!
Title: Re: FILING!
Post by: MarcWinkman on August 11, 2016, 12:57:56 AM
Well, I'm officially filed as of yesterday.  My office runner left a copy of my clocked in and filed application in my office inbox yesterday afternoon.  Hopefully I'll have a relatively quick turn around...and if I'm really lucky, the AG investigators may remember me considering I worked on the same floor as them for a good year while clerking after law school.
Title: Re: FILING!
Post by: rainman378 on August 13, 2016, 12:46:06 PM
Sit back and relax, it will take a while. I applied back in February and it took a little over 4 months for me. I think some people are still waiting for their permits and also applied back in Feb. It's a long process here in the state of Delaware.
Title: Re: FILING!
Post by: MarcWinkman on August 13, 2016, 11:06:02 PM
I know.  They certainly don't treat CCDW license applications the same as other "routine motions" which have a Supreme Court Mandate for 90 day disposition. 
Title: Re: FILING!
Post by: Andrew1986 on August 14, 2016, 02:50:21 PM
Mine took just under 6 months in NCC handed in 2/25/16 got it 8/10/16
Title: Re: FILING!
Post by: MarcWinkman on August 16, 2016, 03:46:11 PM
Hooray!  I'm at the one week mark.  Just 25 or more left to go!
Title: Re: FILING!
Post by: MarcWinkman on September 27, 2016, 03:28:45 PM
Well, I'm eight weeks in today.  This is nearly as bad as I remember waiting to get my bar exam results back being. 
Title: Re: FILING!
Post by: SturmRugerSR9 on September 27, 2016, 10:53:44 PM
Most people will recommend that you carry concealed while at home in the house to get use to the change in weight. At first it might feel like a brick, but as time goes by you will not even notice it. Lots of people carrying for a short time have a tendency to tug an adjust at you gun because it is uncomfortable. But you'll get use to it. Besides, it is a dead give-away that you are carrying. Good luck.
Title: Re: FILING!
Post by: MarcWinkman on September 28, 2016, 03:02:07 PM
I've actually been carrying the gun in the house and it's a non issue aside from having to change the way that I sit occasionally as I find that being poked and prodded in the ribs by a Sig isn't the most pleasant thing on earth. 
Title: Re: FILING!
Post by: topper on September 28, 2016, 09:05:25 PM
Most people will recommend that you carry concealed while at home in the house to get use to the change in weight. At first it might feel like a brick, but as time goes by you will not even notice it. Lots of people carrying for a short time have a tendency to tug an adjust at you gun because it is uncomfortable. But you'll get use to it. Besides, it is a dead give-away that you are carrying. Good luck.

I've got 4 holsters now, so I'm trying to figure out which one I like best. So...I pick one. I wear it all day around the house and out, for a couple days. What I've learned so far is some holsters fit better for some situations. The one I spent the most on seems to be the most uncomfortable, but is easy to re-holster and prints the least. The next least in cost (and reasonably priced) is the most comfortable, but prints...a lot. But I'd still like to be able to eliminate at least two. So my little experiment continues.
Title: Re: FILING!
Post by: SturmRugerSR9 on September 28, 2016, 10:41:26 PM
I find that a IWB worn at 5 O'Clock works best for me. My personal choice is a Pro Carry Deep Comfort, made and sold by theholsterstore.com in Florida. I have been wearing it all day everyday for about 5 years now and have no complaints, and it has held up well. No plans to replace it any time soon. Bad for them, good for me.
Title: Re: FILING!
Post by: Adrenolin on September 29, 2016, 01:08:20 AM
I tried the right backside from 4-5 o'clock and simply couldn't get past the butt or sights always digging in when sitting down, working on/under cars and bikes, rolling around with my kid, etc. Seems I just when I found "THE" spot I'd turn and ouch.. it would dig in.

Since moving it to exactly 3 o'clock I've been super happy. Pretty much 3 solid years now all day everyday. Couldn't be any happier with the location.
Title: Re: FILING!
Post by: FreakShow on September 29, 2016, 12:55:07 PM
i'm a visual type of person, i need to find some pictures to really see what you guys are talking about the o'clock's
Title: Re: FILING!
Post by: Hawkeye on September 29, 2016, 02:09:42 PM
i'm a visual type of person, i need to find some pictures to really see what you guys are talking about the o'clock's
Think of your waist as a clock. 12 is your front, 3 your right side and so forth. So when someone says 4 or 5 O'clock, that usually is right behind the right side of their waist.

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Title: Re: FILING!
Post by: MarkB on September 29, 2016, 02:11:01 PM
Think about this way: If you look down from above your head, put the "12" of a clock at your belt buckle and the "6" of a clock at your butt.  Then 3 o'clock is at your right hip and 9 o'clock is at your left hip.  Not to confuse, but the numbers are reversed if you are left handed: 3 o'clock for a right handed person is 9 o'clock for a left handed person.
Title: Re: FILING!
Post by: FreakShow on September 29, 2016, 02:18:30 PM
Thanks Gents. For my holster i'll be doing 9 o'clock, for a belly band i'll be doing 3.. Lefty here
Title: Re: FILING!
Post by: topper on October 06, 2016, 01:41:29 AM
i'm a visual type of person, i need to find some pictures to really see what you guys are talking about the o'clock's
Think of your waist as a clock. 12 is your front, 3 your right side and so forth. So when someone says 4 or 5 O'clock, that usually is right behind the right side of their waist.

I have a digital clock.
Title: Re: FILING!
Post by: CorBon on October 06, 2016, 02:13:25 AM
Think about this way: If you look down from above your head, put the "12" of a clock at your belt buckle and the "6" of a clock at your butt.  Then 3 o'clock is at your right hip and 9 o'clock is at your left hip.  Not to confuse, but the numbers are reversed if you are left handed: 3 o'clock for a right handed person is 9 o'clock for a left handed person.
Clockwise is always clockwise -- and three o'clock is always three o'clock. If this is confusing, go look at ANY analog clockface. 
Title: Re: FILING!
Post by: Radnor on October 06, 2016, 11:57:05 AM
Most people will recommend that you carry concealed while at home in the house to get use to the change in weight.

I missed it in the Delaware code where it states you can CC on you own property w/o a license to do so.

You are asking this gent to commit a FELONY.
Title: Re: FILING!
Post by: SturmRugerSR9 on October 06, 2016, 02:14:21 PM
What would be the difference in having the gun in a drawer, or on your waste under a shirt? In both cases the gun would be concealed, but note I said "In your house".
Title: Re: FILING!
Post by: FreakShow on October 06, 2016, 02:17:02 PM
or in a safe. i have my guns in their cases with two mags, each filled
Title: Re: FILING!
Post by: CorBon on October 06, 2016, 04:14:03 PM
ยง1442 specifically includes "... carrying a concealed deadly weapon when the person carries concealed a deadly weapon upon or about the person ..."

The "upon or about" phrase is where it starts spinning out of control.  I think that the location question could come down to whether the weapon was "easily discoverable through routine police investigation techniques", as in Robertson.  Also, Dubin may color the location to include "immediate availability and accessibility of the weapon" and whether the person would have to "appreciably change his position in order to reach [the] weapon." 

So, if you are sitting on your couch next to and end table with a drawer, and for some reason have the cops routing through your stuff whilst you sit next to the aforementioned drawer, or were sitting next to it at some point in their presence, there could be a question of concealment.

Your particular facts will probably matter more, but I think that having the weapon locked in a safe would remove the possibility of being concealed, and the drawer question would definitely come down to your situation and facts.   

And try keeping the cops out of your living room.
Title: Re: FILING!
Post by: MarcWinkman on October 06, 2016, 07:13:05 PM
What would be the difference in having the gun in a drawer, or on your waste under a shirt? In both cases the gun would be concealed, but note I said "In your house".

Delaware law as interpreted and applied by our state Supreme Court specifically allows one to carry a concealed weapon in the home.  In 2012, the Supreme Court sitting en banc unanimously decided that a person may carry a concealed weapon in their abode or on their business property.  Importantly the Court stated that an individual has a strong interest in carrying a concealed weapon for the purpose of self defense in their home and that it is "unreasonable to restrict the manner in which one can carry a legal weapon from room to room within one's home."  See, Griffin v. State. 47 A.3d 487 (Del. 2012).  The holding in Griffin specifically allows for concealed carry WITHIN the home.  This case also applies to one's place of business in limited circumstances as well. 

Things change greatly, however, when the weapon is carried OUTSIDE the home and you are subject to prosecution under Title 11 of the Delaware Code.  See Dickerson v. State. 975 A.2d 791 (Del. 2009).  In that case, the State Supreme Court, assumed without specifically finding that a "home possession" exception exists, however, because the defendant there voluntarily left the "four walls" of his home, the exception no longer applied and he could therefore be arrested, prosecuted, and convicted (upon proper evidence) of Carrying a Concealed Weapon without a valid license.  The key to losing the "home possession" exception is VOLUNTARILY leaving the four walls of your home. 

So, there's your free legal advice for the day and a clarification of whether one can carry INSIDE their home...just don't leave the physical confines of the inside of your home (i.e. don't walk out into your drive way, into your yard, out to your mailbox, etc.)

And here's a link to the State Supreme Court decisions on the Court website (have the actual legal citations above).

Dickerson v. State ("Home Possession" lost once you voluntarily leave the physical confines of your home):
http://courts.state.de.us/Opinions/Download.aspx?id=123280

Griffin v. State (deciding that Delaware recognizes a "Home Possession" exception to 11 Del. C. s. 1441 licensing requirement):
http://courts.state.de.us/Opinions/Download.aspx?id=174080






 
Title: Re: FILING!
Post by: MarcWinkman on October 06, 2016, 07:18:04 PM
P.S. I'm not trying to come across as snarky or indignant, just trying to clarify what is a fairly common misconception that Delaware requires one to have a CCDW permit even to carry WITHIN the home.
Title: Re: FILING!
Post by: FreakShow on October 06, 2016, 07:32:59 PM
DING, we have a winner^^^
Title: Re: FILING!
Post by: SturmRugerSR9 on October 06, 2016, 09:57:37 PM
If it is concealed whether in a drawer or you body, how would they know if you are carrying inside your home, and they have no legal reason to be there.
Title: Re: FILING!
Post by: MarcWinkman on October 07, 2016, 12:50:02 AM
If it is concealed whether in a drawer or you body, how would they know if you are carrying inside your home, and they have no legal reason to be there.

The point is more that there is a lot of misinformation out there in regard to operation of certain aspects of the law.  Insofar as carrying in the home there should be no reason that an individual would have an issue unless it were within the context of police going to the individual's house to investigate a complaint. 
Title: Re: FILING!
Post by: topper on October 07, 2016, 01:09:55 AM
I like this forum. There are some sharp and helpful people on here, and I'm not being sarcastic...this time.
Title: Re: FILING!
Post by: del elec on October 07, 2016, 03:19:23 PM
I like this forum. There are some sharp and helpful people on here, and I'm not being sarcastic...this time.
National Sarcasm Association (like we really need your support)  :)
Title: Re: FILING!
Post by: FreakShow on October 07, 2016, 06:44:07 PM
i have a tee shirt that says that
Title: Re: FILING!
Post by: topper on October 07, 2016, 07:15:27 PM
I like this forum. There are some sharp and helpful people on here, and I'm not being sarcastic...this time.
National Sarcasm Association (like we really need your support)  :)

I wondered what NSA stood for. (Now I can really give it to them!)
Title: Re: FILING!
Post by: MarcWinkman on October 18, 2016, 01:53:59 PM
I like this forum. There are some sharp and helpful people on here, and I'm not being sarcastic...this time.
National Sarcasm Association (like we really need your support)  :)

I wondered what NSA stood for. (Now I can really give it to them!)

So...I can stop wearing my tin foil helmet since that's what NSA stands for right ;) (No, I don't actually wear a tin foil helmet.  Or do I?).
Title: Re: FILING!
Post by: FreakShow on October 19, 2016, 01:37:02 PM
i wear an carbon fiber kevlar helmet
Title: Re: FILING!
Post by: MarcWinkman on October 24, 2016, 05:37:46 PM
i wear an carbon fiber kevlar helmet

Ooooo, carbon fiber/kevlar...schmancy!
Title: Re: FILING!
Post by: MarcWinkman on November 02, 2016, 05:15:59 PM
Welp, I'm now 12 weeks in on the waiting game.
Title: Re: FILING!
Post by: Grettski on November 02, 2016, 06:14:09 PM
Welp, I'm now 12 weeks in on the waiting game.

Tomorrow will be 29 for me. But the good news is some people in Kent should get a gift in the mail this week or next.