Delaware Concealed Carry Forum

CCW Methods & Issues => General CCW Discussion => Topic started by: fdegree on March 10, 2009, 09:55:41 PM

Title: Accidental Showing While Concealed Carrying
Post by: fdegree on March 10, 2009, 09:55:41 PM
As I understand it, in Delaware, you can open carry anytime without any kind of permit...conceal carry only if you have a permit.  Also, CCW permit holders are not restricted from open carrying.  So this leads me to a question:
Is there a legal problem with a CCW permit holder carrying concealed, but having some sort of wardrobe malfunction that exposes the weapon (wind blows your jacket open, reaching up for something causing your shirt to ride up, etc.)?
Title: Re: Accidental Showing While Concealed Carrying
Post by: Sigarms12 on March 10, 2009, 10:04:16 PM
No there is no law that would come into play just remember some one may freak and call the police.
Title: Re: Accidental Showing While Concealed Carrying
Post by: fdegree on March 10, 2009, 11:20:11 PM
Thanks...I appreciate the response!!!
Title: Re: Accidental Showing While Concealed Carrying
Post by: Taurus221 on March 11, 2009, 12:37:55 AM
Don't worry about someone calling the cops. It's YOUR right! Either carry in the open or get a permit and carry conealed.
Title: Re: Accidental Showing While Concealed Carrying
Post by: Sigarms12 on March 11, 2009, 09:17:17 AM
Just remeber that you do have the right to carry, if someone sees your gun and they call the police the police are going to be very cautious until everything is sorted out and you may be asked to leave by management.
Title: Re: Accidental Showing While Concealed Carrying
Post by: Taurus221 on March 11, 2009, 05:11:53 PM
Don't worry about someone calling the cops. It's YOUR right! Either carry in the open or get a permit and carry conealed.

Let me clarify. First, I am not some wacko who 'accidentally' shows someone their gun. I would rather not have the attention. If ever questioned by the police, I would be very courteous and never have an attitude. I would respect the police officer's demands.
You DO have the right to carry. If this ever happens, be courteous and never give anyone the opportunity to accuse you.
Other than that, don't worry about it. Practice what you might say.
If the cop demands your weapon for them to run it, give it to him peacefully but under protest. File a complaint afterwards.
I imagine one of us will get 'busted' carrying someday. When that happens, share your experience as to help others know what to expect.
When I get a chance, I will post a video of what happened in NH when the police noticed someone 'open carrying' along the street.
Title: Re: Accidental Showing While Concealed Carrying
Post by: GunEnvy on March 11, 2009, 06:25:06 PM
 Just food for thought.....Yes it is our "right to carry" but it is still a right that was given to us through an application process and background check. It is a right that may be rescinded at the discretion of the superior court of Delaware, so long as Delaware is a "shall issue" state. If your gun shows, it shows, but make sure your respectfull of the person it shows to. Don't look at them and tell them to mind their own business or be snotty with them.
Title: Re: Accidental Showing While Concealed Carrying
Post by: GunEnvy on March 11, 2009, 06:26:31 PM
Here it is, but this guy, on my opnion is a looser:
Your right G19 this guy is a loser. Looks like that whole group walks around trying to get harrased so that they can complain about it. IMO those are the people that give all gun owners a bad name.
Title: Re: Accidental Showing While Concealed Carrying
Post by: Sigarms12 on March 11, 2009, 07:24:00 PM
 >:( >:( >:( >:( These guys are dicks they were looking for trouble. The Officer asked for his ID ansd he had to be a dick. These are the type of people who make the rest of us look bad. If and officer wants your ID give it to him whats the big deal. This group seems to me to be trouble makers.
Title: Re: Accidental Showing While Concealed Carrying
Post by: Taurus221 on March 11, 2009, 10:35:37 PM
This was the video. Yes, this man appears to be some kind of loser BUT, was he right? It is still a right to carry... whether 'the law' acknoledges it or not.

And yes, this is an example of NOT how to act to plice officers.
Title: Re: Accidental Showing While Concealed Carrying
Post by: GunEnvy on March 12, 2009, 12:47:45 AM
I truly believe that it should be lawful for a police office to stop anyone who they suspect (or see) of carrying a gun. I don't believe they are violating anybody's right. I would not mind AT ALL to be stopped and asked if I am carrying a gun and having my ID checked if I am a criminal or not. AND, honestly, I would feel much safer if there was a law permitting law enforcement to do such things. What if that genius was a person with mental problems, or have a serious criminal record???

I actually think that everyone should have a license, background checked, to be able to carry open and / or concealed.
I understand what you mean G19 but there are alot of problems with police stopping people that open carrying. What about the first time an officer does not see somebody carrying and does not stop them but somebody of a particular race or religion gets asked for ID. Then that department and that officer will be under fire for discrimination. And even if somebody has mental problems there is no way to know it simply by running their ID. Remember this winter all the hub bub with DSP doing just that?
Title: Re: Accidental Showing While Concealed Carrying
Post by: Taurus221 on March 12, 2009, 01:07:57 AM
The fourth amendment is in place for a reason.
Title: Re: Accidental Showing While Concealed Carrying
Post by: Sigarms12 on March 12, 2009, 10:03:30 AM
As far as stopping any and everybody no, but if you are approached for a reason and yes I think open carry could be a reason and asked for ID you should have to present your ID why not if your doing nothing wrong then why worry. I also feel they sould run the serial number of the gun to make sure its not stollen, no different then running your plates. Hey if my gun was stollen I would want it back.
Title: Re: Accidental Showing While Concealed Carrying
Post by: Taurus221 on March 12, 2009, 08:16:13 PM
You are correct, it is there for a reason - "... to guard against unreasonable searches and seizures..." - I am not advocating searches and seizures, I am advocating giving the rights to police officers to identify you and see if you have the ability (clean records and license) to carry a firearm.

The fourth amendment is in place for a reason.

I totally disagree. If you are stopped for no reason, you are being 'searched'.
The national database issue is, in my opinion, absurd. If they know who has guns and how many, they are capable of taking those guns away.
This has happened in other countries. Research how long the guns bans in various places have been in effect and how these governments retrieved those guns. Don't think it can't happen here.
Guns are the reason why we are as free as we are. The second amendment is in place in case the politicians ignore the others.
Listen, we all have our views; some more liberal than others, some more conservative. I don't want to lose my right to own/carry a gun. It's my only protection. To rely on the police is naive. 911 is nothing more than government sponsored dial-a-prayer.
Title: Re: Accidental Showing While Concealed Carrying
Post by: GunEnvy on March 12, 2009, 08:17:41 PM
Let me start off by saying that I am not one of these people that belive in "gun cops" that will come knocking on my door demaning my guns.
Having said that the last thing we need as gun owners is for a national registration. Check out this site for some food for thought. http://www.gunlaws.com/gunreggie.htm (http://www.gunlaws.com/gunreggie.htm) Stopping somebody on the street that is open carrying and checking their ID to make sure they aren't wanted is one thing, but what exactly have they done wrong? They are abiding by the law and carrying a gun in plain sight. Can an officer pull you over for doing the speed limit and check to make sure your not a fugitive? How about if they come into your house and check to make sure your 54" HD plasma isn't stolen? Lets face it, the gang banger with the stolen gun with 4 lives on it is not carrying that gun in plain sight in a $75 holster. He has it jammed in his waistband or a coat pocket so he can ditch it and leave no eveidence that he ever had a gun. As gun owners I think we need to be carefull what restrictions we allow to be put on ourselves because they can only lead to more.
Title: Re: Accidental Showing While Concealed Carrying
Post by: Sigarms12 on March 13, 2009, 12:01:31 AM
I was never refering to a data base Im refering to serial numbers of guns that are reported stolen and yes they can check this already
Title: Re: Accidental Showing While Concealed Carrying
Post by: GunEnvy on March 13, 2009, 12:25:09 AM
G19, I think what the writer of that paper was getting at about the registration is that govermental programs do not run smoothly. While common sense tells us that the only time a gun would have to be registered is upon transfer I can't imagine that they would set it up that way. Infact some of the states that have handgun registration require re-registration upon moving. As far as the street price of gun is concerned, that one to me is kinda a moot point. A stolen gun is a stolen gun no matter what a crook pays for it on the street but right now a stolen gun can go for as much as five times resale value, and I'm sure that it would go even higher. And if a cop stops a criminal on the street like you said I can already see the headlines about how the officer was profiling and stopped him without cause and the dirtbag may walk anyway. Now granted the gun is off the street but the criminal will just break into somebody elses house and steal another gun. None of it addresses the real problem of locking up crooks. Our justice system is so worried about not hurting the criminals feelings that it has handcuffed itself. Here is a link to a US case that helped to do away with gun registration and I think it shows just how the justice system can runhttp://en.wikipedia.org/wiki/Haynes_v._United_States (http://en.wikipedia.org/wiki/Haynes_v._United_States)
Title: Re: Accidental Showing While Concealed Carrying
Post by: Taurus221 on March 13, 2009, 01:11:53 PM
We all do not have the same views. Not a big deal. That's part of what the forum is for... to debate.
When talking about random shootings and how 'easy' it is for criminals to get guns, I'll take the side of carrying. If we are talking about 'what if(s), I offer this: What if those students had a gun? We wouldn't be talking about the VTU massacre, we would be talking about how one or two died before heroes intervened.

There are countless stories on how an armed citizen stopped a criminal. There are numerous examples on how massacres were stopped by armed citizens.

We speculate, but let's talk about this: In Appalacian State University, a gunman opened fire on whoever was around. Long story short, two students ran to their cars and retrieved their guns. They stopped this man dead in his tracks (no pun intended). They held him at gunpoint until police arrived.
This was not stated inthe media. What was stated is how they tackled him and held him...

My point? Let more people carry... wherever. I realize that many do not support my views but they are      MY views. You have your views and I certainly respect them. I know sig's views and I don't agree with all of them, but I respect them. And yes, I know you respect mine as well.
National database issue? I guess we will agree to disagree. Most other issues, we all probably agree with.
Thanks for the debate.
(re-reading my post, I think I got off point)
Title: Re: Accidental Showing While Concealed Carrying
Post by: GunEnvy on March 13, 2009, 08:35:26 PM
The one guy has a picture of a man smoking pot on his shirt. If there are "gun grabbers" I hope they start with him
Title: Re: Accidental Showing While Concealed Carrying
Post by: GunEnvy on March 14, 2009, 12:56:57 AM
Here's an intersting video on gun registration http://www.youtube.com/watch?v=TkS2BRoCd2I&feature=related (http://www.youtube.com/watch?v=TkS2BRoCd2I&feature=related)