New Permittee and Confused

[Kit Up!]

I've skimmed some of the topics to get a flavor for the do's and do not's...I have also heard much misinformation from my compadres in the LE community.  First, my class instructor told me that it was OK to carry with a CCDW permit in schools.  I don't want to beat a dead horse, but I looked back at some posts going to 2009 and it seemed like it was all over the place - and it wouldn't be the first time the AG's office blew a call.  Second, someone told someone who told someone that DE law was changed to allow an affirmative defense if you had to shoot through your front door if a bad guy was trying to come in.  (Whenever I am home, I carry).  Third, I have never seen a "no CW" posting at the Mall.  Finally, my employer circulated a no deadly weapons policy on the grounds, during business, in your car in the parking lot, etc..the response when I questioned them was "well, this is a new business trend..."  I guess they are now (legally) responsible for my safety whenever, wherever I conduct their business....

Thanks for the replies.  FWIW, I have been getting more and more comfortable with my tote buddy, but I don't want to raise the probability that I accidently step in it, or make a mistake if I can avoid it.  Thanks much.

Kit Up!

[Hawkeye]

I can give you a partial answer. As for the school safety zone the federal law allows for carrying in a school zone provided you are licensed to do so by the state in which the school zone is in.  Delaware law does not prohibit you from carrying in a school zone if you are licensed to carry by the state.  You can read more here:
http://attorneygeneral.delaware.gov/schools/schzone.shtml

What mall are we talking about for the sign?

[Kit Up!]

The Christiana Mall!  Now that I've been toting, I have been very careful to look at the doors and their postings everywhere I go and I cannot recall seeing any posting as such.  I've seen them at the Conservation District Offices, as they have a Branch of the NRCS (Fed office) there, but nothing at the Christina Mall that I can recall seeing...

[oldgraygeek]

We did this in a thread back in 2010...
There are signs off to the side in each mall entryway (but not in the entrances to any of the stores, or where you enter the mall from the stores) that describe the "Code of Conduct." (Notice the last item, lower right):

However, in Delaware, that cheesy little notation does not have force of law.

Mrs. Geek and I always choose to enter & exit the mall through a store entrance, thus not passing any such signs.

[formerly known as frank]

Hawkeye,you are correct about the federal law , as I read it, but I saw nothing about permit holders in the state law, only that weapons concealed or not, were prohibited. If possible would you please post the De. law concerning CCW permittted persons. Thanks.

[Hawkeye]

Here you go Frank. I hope this makes sense. Oh yeah, IANAL!

Delaware’s Safe School Zone law can be found here:

TITLE 11
Crimes and Criminal Procedure
Delaware Criminal Code
CHAPTER 5. SPECIFIC OFFENSES
Subchapter VII. Offenses Against Public Health, Order and Decency
§ 1457 Possession of a weapon in a Safe School and Recreation Zone; class D, E, or F: class A or B misdemeanor.

It says, in part:

(a) Any person who commits any of the offenses described in subsection (b) of this section, or any juvenile who possesses a firearm or other deadly weapon, and does so while in or on a "Safe School and Recreation Zone" shall be guilty of the crime of possession of a weapon in a Safe School and Recreation Zone.

(b) The underlying offenses in Title 11 shall be:

(1) Section 1442. Carrying a concealed deadly weapon; class G felony; class E felony.

(2) Section 1444. Possessing a destructive weapon; class E felony.

(3) Section 1446. Unlawfully dealing with a switchblade knife; unclassified misdemeanor.

(4) Section 1448. Possession and purchase of deadly weapons by persons prohibited; class F felony.

(5) Section 1452. Unlawfully dealing with knuckles-combination knife; class B misdemeanor.

(6) Section 1453. Unlawfully dealing with martial arts throwing star; class B misdemeanor.

What this is saying is that you have to commit one of those offenses for the law to apply.  If you look closer at those underlying offenses you will see that the sections are not a complete description for that particular code. For instance Section 1442 says:

§ 1442. Carrying a concealed deadly weapon; class G felony; class D felony.
A person is guilty of carrying a concealed deadly weapon when the person carries concealed a deadly weapon upon or about the person without a license to do so as provided by § 1441 of this title.

So, if you are licensed to carry a concealed weapon that section does not apply.

§ 1444 does not apply to handguns either so that is not a concern. 

If you wanted to take it a step further you can throw in this:

TITLE 11
Crimes and Criminal Procedure
Delaware Criminal Code
CHAPTER 2. GENERAL PROVISIONS CONCERNING OFFENSES
§ 202. All offenses defined by statute.
(a) No conduct constitutes a criminal offense unless it is made a criminal offense by this Criminal Code or by another law.

I hope I did not ramble on too much and that this is somewhat coherent.

[formerly known as frank]

Thank you, that is what I wanted.