Delaware Concealed Carry Forum
State News & Gun News => Delaware News => Topic started by: groundgrid on January 18, 2014, 01:33:29 AM
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In light of the recent injunction issued by a federal court in Idaho that directs the US Corps of engineers to NOT enforce their ban on carrying firearms within the recreational areas that they administer, the following e-mail was sent to Francis X. Pileggi:
He is the attorney who is handling the Doe vs. Wilmington Housing Authority case.
Dear Mr. Pileggi,
As you may know, the US District Court in Idaho last week issued a preliminary injunction against the US Army Corps of Engineers ordering the
Corps not to enforce a ban on the carrying of firearms for self defense while in Corps administered recreational areas.
The Delaware Division of Fish & Wildlife (DFW) imposes a similar ban, in fact, the Delaware ban uses language that substantially matches that used by the Corps of Engineers:
"24.3 It shall be unlawful to display, possess or discharge firearms of any description, air rifles, B.B. guns, sling shots or archery equipment upon any lands or waters administered by the Division, except by those persons lawfully hunting in those areas specifically designated for hunting by the Division, or those with prior written approval of the Director."
In the past, numerous gun owners have tried in vain to approach the DFW & ask for a relaxing of the regulation so that citizens with Delaware CDW permits can carry their guns, as they typically do, while in DFW managed areas. All that would be necessary is a blanket written exemption from the director of the Division.
On behalf of myself & several other gun owners, we would like to investigate the cost of having you draft a formal request to the Director of DFW.
If you can help us, please let me know the approximate cost so that we can raise the necessary funds.
Thank you very much for considering this. I have attached a copy of the Idaho decision in the event that you have not already read it.
Mr. Pileggi's response was received earlier this afternoon:
Thank you for your email. I would need more details about your request before I could reply in a meaningful manner. Please let me know when you are available to discuss it. How did you find my name? I would also need the names and addresses of the others who would be joining you in this matter so that I have a “conflict check” performed. This is a routine internal procedural to satisfy legal ethics. In the meantime, it would be helpful if you sent me your mailing address for regular U.S. Mail. Thanks again for contacting me.
Francis G.X. Pileggi
Eckert Seamans
I would like to send him the names of at least 4-5 others who are interested in pursuing this issue.
This may not get anywhere and/or may be too expensive to pursue. However, we won't find out until we try.
Most importantly, he seems interested.
Please PM me with your name & address is you would like to be on the list.
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I know a couple others have contacted groundgrid as have I with our info but the more people the better. If there are questions feel free to ask. With the injunction in Idaho, elections this year and a new Director of Delaware's Parks and Recreation as of this past fall this could be a great time to start being pro-active.
If you're not interested think of the future children who might! ;) Sorry but I couldn't resist that.
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I would have no problem being on the list of people pursuing this effort but have no idea what would be required based on the info provided. If details could be given, it would be much appreciated.
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Right now nothing would be required.
No commitment, just a list of interested individuals.
My objective is to get a pro 2A lawyer involved who will run with it.
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How many have shown interest so far?
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Don't know why I haven't seen this thread before...I must have simply overlooked it.
Anyway, I am rather concerned about what this means...I would also need the names and addresses of the others who would be joining you in this matter so that I have a “conflict check” performed. This is a routine internal procedural to satisfy legal ethics. In the meantime, it would be helpful if you sent me your mailing address for regular U.S. Mail.
For some unexplainable reason, this seems a little odd to me. Why does he need all of this? Maybe I'm overly paranoid.
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This is normal procedure for any attorney.
Should you be a party to a lawsuit in which the attorney is representing the other side, he cannot have you as a client, or potentially even talk to you.
For example, if his firm is representing an insurance company that is suing you over an accident.
If there is a minor conflict, they will ask the pre-existing client if it is ok to work with you.
I have dealt with attorneys many times, this has always been their first question.
Lawyers are obligated to represent their client's interest, that's what they get paid for.
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This is normal procedure for any attorney.
Should you be a party to a lawsuit in which the attorney is representing the other side, he cannot have you as a client, or potentially even talk to you.
For example, if his firm is representing an insurance company that is suing you over an accident.
If there is a minor conflict, they will ask the pre-existing client if it is ok to work with you.
I have dealt with attorneys many times, this has always been their first question.
Lawyers are obligated to represent their client's interest, that's what they get paid for.
I understand...thanks for that clarification.
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If this is being organized throught this forum I would like to be involved. Who is spearheading?
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If this is being organized throught this forum I would like to be involved. Who is spearheading?
Please PM @groundgrid with your name and address if you wish to be on the list.
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Is this State Park regulation being addressed by Mr. Pileggi?
http://regulations.delaware.gov/AdminCode/title7/3000/3900%20Wildlife/3908.shtml#TopOfPage
8.3.4 Firearms on Division Areas.
8.3.4.1 It shall be unlawful for any person to possess a firearm on lands or waters administered by the Division from March 1 through August 31, except as authorized by the Director in writing.
8.3.4.2 It shall be unlawful for any person to possess a rifled firearm of any description at any time on those lands bordering the Chesapeake and Delaware Canal and licensed to the Department by the Government of the United States for wildlife management purposes, except that muzzleloaders and shotguns with rifle barrels may be used during deer seasons when it is lawful to use those firearms.
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That is correct.
Which reminds me that I haven't heard back from him yet.
Probably still partying after his unanimous Delaware Supreme Court victory.
I'll e-mail tomorrow.
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Has anyone thought of getting the Second Anendment Foundation in on this?
Just saying.
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Groundgrid.. Any news or response from Mr. Pileggi yet in regards to accepting the case?
I know these things move slowly but it would be great to know if he is willing to take it on or not. Was also wondering its worth contacting any local organizations like the 911 Patriots, Delaware Rifle & Pistol club, local gun shops and FFLs for financial assistance as well. I do not believe KickStart allows collection for this type of thing but there are others which do allow it. Could be a way to generate more funds if needed.
Just thinking out loud while waiting to depart a hotel in Maine traveling northbound. :)
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No response yet, but I haven't pushed it either.
I will send him an e-mail shortly.
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Looks like this is showing up in two topics:
A man was bitten by a rabid fox in Brandywine park this week.
Besides the risk also of being attacked by 2 legged preditors, my question is:
Why would our constitutional rights not apply in a state park?
Did not the state Supreme Court this past spring unanimously affirm that carrying a firearm is a fundemental right?
The time to fight this is now!
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What does it take to get the NRA interested in a state issue like this. I've read where they will help fund some litigation.
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Did you contact the NRA-ILA rep. for De. His name is John LaPrad of Seaford.
Try john@seafordmachshop.com He can help or direct you to some one who can.
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Very intersted, I live by the C&D canal and would love to take my family hiking. But I want my protection with me! I hate that the state trust me almost everywhere but the woods! Tom
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Since no update has come should we assume that Mr. Pileggi is not interested? I understand things take time but I've also dealt with lawyers before and have never had to wait months like this. Fairly unimpressed at this point that we don't even know if he is interested in pursuing the matter or not.
Thanks for contacting him GG and making the initial effort.
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I just sent him another e-mail.
If he doesn't show any interest, I will put together a letter to the SAF