Author Topic: Restrictions on carry during declaired emergency?  (Read 3402 times)

Mbren1313

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Restrictions on carry during declaired emergency?
« on: August 26, 2011, 04:39:06 PM »
Are there any restrictions placed on our carry rights during a declaired emergency? Other forums in other states are talking about the state of emergency restricting their rights.
« Last Edit: August 29, 2011, 07:52:00 PM by Sigarms12 »

rusirius

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Re: Restrictions on carry during declaired emergency?
« Reply #1 on: August 26, 2011, 06:31:14 PM »
I'm not real well versed in these things... so take it for what it's worth... but....

a state of emergency CAN be used to suspend rights... typically it's used to allow administrators the ability to make quick decisions regarding public safety, etc that would normally have to run through due process.  A step further than that would be martial law, at which point the military could be activated on our own soil essentially.

With all that said, just because a state of emergency is declared, that doesn't immediately mean all of your constitutional rights are suspended.  It doesn't mean all of a sudden you aren't allowed to say what you want, own or use weapons, or anything else... Unless of course the decision is specifically made to suspend those particular rights.

Otherwise it would have to be something already established in the Delaware code.  While I'm not a lawyer or anything like that, I am at least fairly familiar with the firearm laws in DE and to my knowledge there is absolutely nothing contained in them which denotes special treatment during state of emergencies, etc...

firststatefirearms

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Re: Restrictions on carry during declaired emergency?
« Reply #2 on: August 26, 2011, 06:55:59 PM »
Del Code Title 20 was changed after "Hurincane Katrina" to preserve the individuals rights to possesion firearms during a "State of Emergency".  As far as I know there is nothing that removes your right to carry a firearm.  But, I am not a lawyer. 
An armed citizen refuses to be a victim.

TwistedKarma

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Re: Restrictions on carry during declaired emergency?
« Reply #3 on: August 26, 2011, 09:10:10 PM »
http://dema.delaware.gov/Docs/2011.08.26_Modified_State_of_Emergency_FINAL.pdf

Areas to stay out of, state of emergency statement by Jack.. 
Just trying to survive in the second Great Deprssion.

muleman88

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Re: Restrictions on carry during declaired emergency?
« Reply #4 on: August 26, 2011, 09:56:13 PM »
Im not sure about your gun rights being taken during a state of emergency , but I think the main reason they are declaring the soe is to get federal reimbursment for everything it cost the state for the storm.

TwistedKarma

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Re: Restrictions on carry during declaired emergency?
« Reply #5 on: August 26, 2011, 10:37:49 PM »
  State of emergency, is supposed to be limiting travel on roads, so the people that need to get out, can. 

You would never guess how bad traffic is up north now......
Just trying to survive in the second Great Deprssion.

Lumspond

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Re: Restrictions on carry during declaired emergency?
« Reply #6 on: August 27, 2011, 02:15:07 AM »
State of Emergency frees up Delaware to receive federal funds. There is no driving restriction until the Governor announces it.
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