Author Topic: Open Carry  (Read 2254 times)

Just Bill

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Re: Open Carry
« Reply #15 on: June 16, 2023, 10:53:24 PM »
In truly rural areas, it is not really necessary.  I live in the middle of the wild west near Claymont.
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del elec

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Re: Open Carry
« Reply #16 on: June 17, 2023, 11:04:04 AM »
There are some who, although they can legally own a handgun, have been denied a CCDW. Open carry is their only option to be able to defend themselves.
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Oaklandopen

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Re: Open Carry
« Reply #17 on: June 17, 2023, 02:22:16 PM »
There are some who, although they can legally own a handgun, have been denied a CCDW. Open carry is their only option to be able to defend themselves.

I have to ask why one would be denied a ccw in delaware but still open carry a handgun.  I could see the license being cost prohibitive and/or time consuming,  but a denial for ccw should mean they probably shouldn't have a gun in the first place right?

Unless upon publication they get flagged by someone? I'm trying to think of a way someone could buy a gun but not be able to get a ccw if they spend the time and money for all the prerequisites.

This without getting into the whole constitutionally of these things

Clarence

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Re: Open Carry
« Reply #18 on: June 17, 2023, 03:32:18 PM »
People with DUIs get denied sometimes but they are not prohibited.  People who are newcomers to the state and don’t have references that they knew for a year.  I’m sure there are others.

Remember that open carry is constitutionally protected but concealed is may issue.   This was even noted by Justice Thomas in the Bruen decision.
« Last Edit: June 17, 2023, 03:35:17 PM by Clarence »
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Oaklandopen

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Re: Open Carry
« Reply #19 on: June 17, 2023, 04:18:15 PM »
DUI wouldn't be considered "drunkard" in the original ATF application?

Then I'd have to ask if the state could technically go after your weapon if you fail the ccw application?

Clarence

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Re: Open Carry
« Reply #20 on: June 18, 2023, 12:37:56 AM »
Up to the 3rd offense in 5 years I believe, DWI is a misdemeanor.  To Title 11 section 1441 states that an individual must be of “good character” to obtain a license to carry concealed.  Remember that it is at the discretion of the judge as to whether you get the license.   They get a report from the AGs office with a recommendation and the AG will recommend denial for a person with a DUI (not sure how old the charge).  The judge almost all the time goes along with the AG report.

In practice it is just about shall issue for the last 20 years or so but if there is an objection from the AGs office then it most likely will be denied even if the applicant is not a prohibited possessor under state or federal law.   That would not preclude that individual from open carry

I only know of one person who was denied and it was because the police were constantly being called for fighting between the two spouses even though they never were convicted of a disabling offense. AG office thought that it would not be a good idea to add firearms to the equation.

So because Delaware does issue in most cases and allows permitless open carry Delaware was given a pass by the Bruen decision. this

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Oaklandopen

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Re: Open Carry
« Reply #21 on: June 18, 2023, 09:22:25 AM »
Interesting.  The part that always worried me the most was the newspaper publishing.  I never tried for a ccw till after I got divorced and it wasn't on good terms.  She even stated to the judge during the asset disbursement that I shouldn't have guns (since she took the 2 we had together when she split). Judge asked me if I was barred from owning any and I said nope

I thought for sure my ex would call the police as soon as I posted in the paper. Surprised she hasn't just red flagged me yet for spite

DelawareGold

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Re: Open Carry
« Reply #22 on: June 20, 2023, 02:31:04 AM »
Please take a concealed carry training course from a qualified instructor.
Even if you never plan to carry concealed. I value my training, and my
instructor clearly explained, and focused me on exactly what self defence
was, and wasn't. If after taking the course, you feel that open carry is
right for you, then exercise your right. Learning about situational awareness,
avoiding attention, the element of surprise, has taught me that deep
concealment is the correct way for me to exercise my right. I made that
decision with knowledge that I was taught.
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MarcWinkman

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Re: Open Carry
« Reply #23 on: June 20, 2023, 07:01:49 PM »
People with DUIs get denied sometimes but they are not prohibited.  People who are newcomers to the state and don’t have references that they knew for a year.  I’m sure there are others.

Remember that open carry is constitutionally protected but concealed is may issue.   This was even noted by Justice Thomas in the Bruen decision.

Delaware DUI is misdemeanor for first or second offense.  If you have a first DUI and go 10 years without another DUI, the subsequent DUI would  be counted be eligible for First Offender Program, however, third DUI in a lifetime is a felony.

As for why folks may get denied a concealed permit in DE, as suggested elsewhere, if someone flags it on publication in the paper, you can also get denied if you have a history of PFA's (domestic abuse protective orders) or a history of weapons forfeiture orders (i.e. red flag forfeitures) that pops up on your DelJIS history when the DOJ runs you.  While you may not have convictions, there could be an eyebrow raised at those two flags.  I imagine that if someone had a medical marijuana card it could also result in a denial since marijuana is still federally prohibited under Title 18 of the U.S. Code and it can be a disqualifier for purchase on a Form 4473.

In terms of open carry, the closest I get to open carry is during the summer if I'm in a suit and happen to have taken my suit jacket off and am doing something quick like pumping gas or running into Wawa, etc. I don't open carry for any significant length of time when I'm out and about in the world.

Seth

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Re: Open Carry
« Reply #24 on: June 20, 2023, 07:40:06 PM »
In truly rural areas, it is not really necessary.  I live in the middle of the wild west near Claymont.

We have a fairly decent number of rabid animals around where I live and it is nice to have something on me in case something happens. Especially as we have chickens now which draw even more animal attention. There have also been reports of large cats and coyotes around my neighborhood as well.
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Oaklandopen

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Re: Open Carry
« Reply #25 on: June 21, 2023, 10:16:45 AM »
Well getting denied purchasing a firearm when you are a habitual user of drugs is a moot point anyway since hunter can do it.   ::)

SturmRugerSR9

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Re: Open Carry
« Reply #26 on: June 21, 2023, 05:32:34 PM »
You'd have to be a registered Democrat also.
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