Delaware Concealed Carry Forum
State News & Gun News => Delaware News => Topic started by: Paladin4CA on January 22, 2018, 09:37:10 PM
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State officials have written a new version of a gun ban in state parks and forests following a recent state Supreme Court decision declaring a full ban unconstitutional.
The state Department of Natural Resources and Environmental Control and state Department of Agriculture published emergency regulations this week, about three weeks after Supreme Court justices shot down the decades-old ban.
The revised rules outline specific places within parks and forests, such as visitor centers, group camping areas and lodges, where it will be illegal to carry weapons.
Both agencies said that without the temporary regulations the court’s ruling means “firearms would essentially be unregulated.”
“A risk of harm from gunfire would be presented in these and other areas where visitors gather, including families and children,” state cabinet secretaries wrote in orders accompanying the regulations.
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The updated ban excludes Delaware residents with valid permits to carry concealed deadly weapons and active or retired law enforcement officers, provided they show their license or credentials to park authorities.
The new rules also state people can apply for daily approval from the DNREC Secretary to carry weapons if they can show “good cause related to self-defense or the defense of family, and due regard for the safety of others.”
More at:
https://www.delawareonline.com/story/news/local/2017/12/28/state-officials-respond-court-ruling-partial-gun-ban-parks/986835001/
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State officials have written a new version of a gun ban in state parks and forests following a recent state Supreme Court decision declaring a full ban unconstitutional.
The state Department of Natural Resources and Environmental Control and state Department of Agriculture published emergency regulations this week, about three weeks after Supreme Court justices shot down the decades-old ban.
The revised rules outline specific places within parks and forests, such as visitor centers, group camping areas and lodges, where it will be illegal to carry weapons.
Both agencies said that without the temporary regulations the court’s ruling means “firearms would essentially be unregulated.”
“A risk of harm from gunfire would be presented in these and other areas where visitors gather, including families and children,” state cabinet secretaries wrote in orders accompanying the regulations.
<snip>
The updated ban excludes Delaware residents with valid permits to carry concealed deadly weapons and active or retired law enforcement officers, provided they show their license or credentials to park authorities.
The new rules also state people can apply for daily approval from the DNREC Secretary to carry weapons if they can show “good cause related to self-defense or the defense of family, and due regard for the safety of others.”
More at:
https://www.delawareonline.com/story/news/local/2017/12/28/state-officials-respond-court-ruling-partial-gun-ban-parks/986835001/
See the BOLD above. Same question as before: Do I have to show my permit upon entry or just when asked? What if there are no park employees available?
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State officials have written a new version of a gun ban in state parks and forests following a recent state Supreme Court decision declaring a full ban unconstitutional.
The state Department of Natural Resources and Environmental Control and state Department of Agriculture published emergency regulations this week, about three weeks after Supreme Court justices shot down the decades-old ban.
The revised rules outline specific places within parks and forests, such as visitor centers, group camping areas and lodges, where it will be illegal to carry weapons.
Both agencies said that without the temporary regulations the court’s ruling means “firearms would essentially be unregulated.”
“A risk of harm from gunfire would be presented in these and other areas where visitors gather, including families and children,” state cabinet secretaries wrote in orders accompanying the regulations.
<snip>
The updated ban excludes Delaware residents with valid permits to carry concealed deadly weapons and active or retired law enforcement officers, provided they show their license or credentials to park authorities.
The new rules also state people can apply for daily approval from the DNREC Secretary to carry weapons if they can show “good cause related to self-defense or the defense of family, and due regard for the safety of others.”
More at:
https://www.delawareonline.com/story/news/local/2017/12/28/state-officials-respond-court-ruling-partial-gun-ban-parks/986835001/
Same question as before:; Do I have to show my permit upon entry or just when asked? What if there are no park employees available?
Good questions. I like to go to the dog side of Lums Pond. There's nobody there. Another good place to walk is White Clay Creek Park, and there are areas there that aren't manned.
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So basically we have become NJ, Cal, DC, etc., we don't really care about the Constitution, ours or the US. We will protect the people from law abiding citizens.
Bill
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I’m not for any new anti-2A laws, however — they’re more tolerable when a carve-out benefits us. Maybe “tolerable” isn’t the right word, but it’s at least a better idea than the alternative.
What we don’t want to see is something like Texas, where we can get locked up just because the store has a posted (and compliant) sign.
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We will protect the people from law abiding citizens.
But it still won't stop criminals!
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I read somewhere the language reads “ you have to show your lic if ask”. I said nothing about showing to enter. I believe I seen this in an email from the state or the sportsmans association . If I find I will post it .
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I read somewhere the language reads “ you have to show your lic if ask”. I said nothing about showing to enter. I believe I seen this in an email from the state or the sportsmans association . If I find I will post it .
The DNREC emergency order is here (http://www.dnrec.delaware.gov/Info/Documents/Secretarys-Order-No-2017-P-0030.pdf)
A parallel thread that discusses some of these questions is here. (http://deccw.com/index.php?topic=4432.msg39152#msg39152)
Short answer: upon entry is only at State parks. Everywhere on state lands if asked.
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I read somewhere the language reads “ you have to show your lic if ask”. I said nothing about showing to enter. I believe I seen this in an email from the state or the sportsmans association . If I find I will post it .
The DNREC emergency order is here (http://www.dnrec.delaware.gov/Info/Documents/Secretarys-Order-No-2017-P-0030.pdf)
A parallel thread that discusses some of these questions is here. (http://deccw.com/index.php?topic=4432.msg39152#msg39152)
Short answer: upon entry is only at State parks. Everywhere on state lands if asked.
Thanks cbmarine. I couldn’t find it .
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Here is the way I read it.
In a PARK, we can carry into designated areas…offices, visitor centers, beaches, etc. but we must show our permit to Parks authorities FIRST.
AND
Any person possessing a firearm shall display identification UPON ENTRY and upon request, sufficient to enable a law enforcement officer to undertake a background check.
(Does this mean we must wait for a law enforcement officer to show up and do a background check on us? And what about park areas like the dog park area of Lums Pond that doesn’t have anyone to show on entry? Do we leave a copy of our ID so a officer can do a check when he arrives?)
Fish and Wildlife areas, we can carry into designated area…offices, visitor centers, etc but we only have to produce the permit upon request of Parks authorities.
AND (and this part is a little different from PARKS)
Any person possessing a firearm shall display identification upon request, sufficient to enable a law enforcement officer to undertake a background check. (We don't have to display on entry.)
DDA land we can carry into offices, etc and we have to produce the permit upon request of Departmental authorities. (notice this one says Departmental authorities)
Any person possessing a firearm shall display identification upon request, sufficient to enable a law enforcement officer to undertake a background check. (notice this one is the same as Fish and Wildlife)
Comments? Corrections?
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They purposely word these brilliant bills so no one can really understand them.
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Still confused but after reviewing the decision I'm not sure that the new regs meet muster. They may also be illegal. I don't know. Perhaps someone with a legal background can comment.
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Sounds too me that they are poking Delaware's Supreme Court with a stick. I don't think the court can strike it down until another case is brought be fore them.