Delaware Concealed Carry Forum
CCW Methods & Issues => New CCW Permit Holders => Topic started by: Delguy on March 09, 2020, 10:15:38 PM
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Hi all,
I have been a licensed DE/PA CCW permit holder for quite some time and wouldn't consider myself a newbie.
Having said that, there are some basic questions I've gathered over time that I should know but I don't.
Hopefully by getting answers here I will help educate others who may of had the same questions or possibly never though to ask.
1. Does having a DE CCW permit include the right for me to conceal carry loaded rifles either on my person (not really what I am looking to do) and/or in my car (this is really why I am asking)?
I believe that PA CCW permit pertains to handguns only but does give some leeway as to how you transport a rifle in your vehicle.
2. Is a DE CCW permit valid on Delaware's waterways, such as carrying in a boat, a jet ski or on a kayak? If so, are the laws the same?
3. Does a person need a DE CCW permit to conceal carry either in their residence or outside on their own property?
Thanks all.
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Not an expert on DE code, but the permit is to carry a "deadly weapon" and refers to 11 Del. C. section 1441. I could not find a definition of a "deadly weapon there. I am sure it exists somewhere. De says anything that fires a projectile is a firearm, including your kids slingshot. But the license does not mention firearms.
2. As long as the waterway in within the DE boundary, I would say yes.
3. As I understand the law, you can carry on your property, concealed or not.
Not sure how you would conceal a rifle, but it is a weapon. Don't let my TC or Radnor see this, it could cost me....nah!!
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As I understand it, you can carry anything but a switch blade knife, or a fully automatic machine gun, concealed under Delaware Concealed Carry Law.
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1. Does having a DE CCW permit include the right for me to conceal carry loaded rifles either on my person (not really what I am looking to do) and/or in my car (this is really why I am asking)?
I believe that PA CCW permit pertains to handguns only but does give some leeway as to how you transport a rifle in your vehicle.
On your person, I'd say yes. In a vehicle, NO it's a DNREC regulation where you cannot have a loaded long gun in or leaning against a vehicle. Will look up the code later.
2. Is a DE CCW permit valid on Delaware's waterways, such as carrying in a boat, a jet ski or on a kayak? If so, are the laws the same?
Need to look this up too, I think again no
https://lawcenter.giffords.org/guns-in-vehicles-in-delaware/ (https://lawcenter.giffords.org/guns-in-vehicles-in-delaware/) - CONSIDER THE SOURCE!
3. Does a person need a DE CCW permit to conceal carry either in their residence or outside on their own property?
YES. I have yet to find where you can CC on or IN your own property without a CCDW
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Just a thought, but it is called 'concealed carry' so no one will know unless it is no longer concealed, it then becomes open carry. Then you might need that permit???
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1. Does having a DE CCW permit include the right for me to conceal carry loaded rifles either on my person (not really what I am looking to do) and/or in my car (this is really why I am asking)?
I believe that PA CCW permit pertains to handguns only but does give some leeway as to how you transport a rifle in your vehicle.
On your person, I'd say yes. In a vehicle, NO it's a DNREC regulation where you cannot have a loaded long gun in or leaning against a vehicle. Will look up the code later.
2. Is a DE CCW permit valid on Delaware's waterways, such as carrying in a boat, a jet ski or on a kayak? If so, are the laws the same?
Need to look this up too, I think again no
https://lawcenter.giffords.org/guns-in-vehicles-in-delaware/ (https://lawcenter.giffords.org/guns-in-vehicles-in-delaware/) - CONSIDER THE SOURCE!
3. Does a person need a DE CCW permit to conceal carry either in their residence or outside on their own property?
YES. I have yet to find where you can CC on or IN your own property without a CCDW
Carrying in your home is from a court decision. I’ll look it up later. I don’t believe on your property outside your home was addressed. I believe it was a knife case of a druggie being arrested in his own home.
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Carrying in your home is from a court decision. I’ll look it up later. I don’t believe on your property outside your home was addressed. I believe it was a knife case of a druggie being arrested in his own home.
I remember a court case where a person had a knife clipped to their pocket and they tried to charge concealed weapon. (No Bill, I'm not putting $$$ in the bucket) It did not go anywhere. It was on DELOC. But I think some old posts may have been pruned. Still looking.
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No permit needed for open carry in Delaware, unless it is in a municipal jurisdiction like City of Dover that requires a letter from the chief of police or a DECCW to open carry. You can open carry in your home or out side, on your property. But concealed carry requires a DECCW anywhere. No carry open or concealed in Gov't buildings or school property at any time unless you are a police officer.
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Carrying in your home is from a court decision. I’ll look it up later. I don’t believe on your property outside your home was addressed. I believe it was a knife case of a druggie being arrested in his own home.
Clarence,
Is this the case you were talking about?? I searched (dont want to admit how long). Had a copy saved in CC folder....
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And now, more recently.... See pages 5(10) & ruling on page 9(18)
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2. Is a DE CCW permit valid on Delaware's waterways, such as carrying in a boat, a jet ski or on a kayak? If so, are the laws the same?
8.3.4 Firearms on Division Areas.
8.3.4.1 It shall be unlawful for any person to possess a firearm within areas designated in 8.3.4.6 below administered by the Division, except as authorized by the Director in writing, or as set forth below.
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.
8.3.4.3 It shall be unlawful for any person to discharge any firearm on lands or waters administered by the Division on Sunday, except in areas designated by the Director or with a permit from the Director.
8.3.4.4 It shall be unlawful for any person to discharge any firearm on lands or waters administered by the Division for any purpose, including target shooting, other than to hunt during an open season, under conditions approved by the Director and specified on the current wildlife area map.
8.3.4.5 It shall be unlawful to possess, consume or be under the influence of alcoholic beverages, liquors or drugs while hunting or in the possession of firearms when on lands administered by the Division.
8.3.4.6 Areas subject to the provisions of 8.3.4.1 above shall include Division offices, visitor centers, nature centers, educational facilities, facilities or locations used for authorized special events or festivals, and maintenance shops, and shall be identified by appropriate signage.
8.3.4.7 The Director may grant written approval on a daily basis for the possession of firearms within areas designated in 8.3.4.6 above, upon written application showing good cause related to self-defense or the defense of family, and due regard for the safety of others within areas designated in 8.3.4.6 above.
8.3.4.8 Active duty and qualified retired law enforcement officers may possess firearms within areas administered by the Division, including areas designated in 8.3.4.6 above.
8.3.4.9 Delaware residents holding an active current permit to carry a concealed deadly weapon may carry a firearm within areas administered by the Division, including areas designated in 8.3.4.6 above.
8.3.4.10 Firearms may be carried within areas administered by the Division, outside of areas designated in 8.3.4.6 above, by any person not prohibited by 11 Del.C. §1448.
8.3.4.11 Law enforcement officers may limit the discharge of firearms and the use of other weapons within areas administered by the Division, in order to protect public safety and preserve the peace.
https://regulations.delaware.gov/AdminCode/title7/3000/3900%20Wildlife/3908.shtml (https://regulations.delaware.gov/AdminCode/title7/3000/3900%20Wildlife/3908.shtml)
EBOOK for Del boating laws & regs https://bookstore.kalkomey.com/products/handbook-delaware-boating-laws-responsibilities (https://bookstore.kalkomey.com/products/handbook-delaware-boating-laws-responsibilities)
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No carry open or concealed in Gov't buildings or school property at any time unless you are a police officer.
I begin by stating I am not a lawyer. But, Delaware criminal code, Title 11, Chapter 5, Section 1457 clearly states:
§ 1457 Possession of a weapon in a Safe School and Recreation Zone; class D, E, or F felony; class A or B misdemeanor.
(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 D felony.
So, if you are guilty of section 1442 while in a "School Zone" then you have violated section 1457. But what is stated in section 1442?
§ 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.
The italics are mine for emphasis. So, if I have a valid license as provided by section 1441 (i.e., the Delaware CCDW permit) then I am not guilty of violating 1442. And if I have not violated 1442, then in what way have I committed the offense as defined in 1457?
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BINGO!
IANAL but agree.
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No permit needed for open carry in Delaware, unless it is in a municipal jurisdiction like City of Dover that requires a letter from the chief of police or a DECCW to open carry. You can open carry in your home or out side, on your property. But concealed carry requires a DECCW anywhere. No carry open or concealed in Gov't buildings or school property at any time unless you are a police officer.
The old Dover law was repealed in 2015. You no longer need a letter from the chief to open carry without a CCDW license.
That old Dover law pre dated the state pre-emption law and was I believe the last of the old “granfathered” laws.
The City Attorney informed city council that due to the unanimous 2014 Decision upholding open carry as a fundamental right, the old Dover law was unconstitutional and council repealed it.
Prior to that the Chief was issuing those letters on a “shall issue basis”. I have one.
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Thanks for the clarification on City of Dover open carry.
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Thanks all!
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No carry open or concealed in Gov't buildings or school property at any time unless you are a police officer.
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The italics are mine for emphasis. So, if I have a valid license as provided by section 1441 (i.e., the Delaware CCDW permit) then I am not guilty of violating 1442. And if I have not violated 1442, then in what way have I committed the offense as defined in 1457?
Short answer: no offense. See discussion here (http://deccw.com/index.php?topic=5373.msg39862#msg39862)for an informal AG response.
It is also important to be aware of Federal Laws. 18 USC 922 2qa-b also applies. See synopsis here. (http://deccw.com/index.php?topic=3546.msg24953#msg24953)
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Carrying in your home is from a court decision. I’ll look it up later. I don’t believe on your property outside your home was addressed. I believe it was a knife case of a druggie being arrested in his own home.
Clarence,
Is this the case you were talking about?? I searched (dont want to admit how long). Had a copy saved in CC folder....
Clarence. BUMP
Was this the item you were looking for? #8
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I’m not sure that was it. In that case it was a “Concealed Dangerous Instrument” and the judge ruled it was not actually concealed. I will try some more. Wish I had noted the case last time I found it. Stay tuned.
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Is there a link for no carry list. I know fed and state building shooter supply, but I thinks cover and chistaina mall are on that list too
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Is there a link for no carry list?
There's a whole board for that:
http://deccw.com/index.php?board=23.0
Be sure to understand what is considered a "no-carry" location (under state or Federal law), and what is meant by an establishment displaying a "gun free zone" sign.
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Is there a link for no carry list?
There's a whole board for that:
http://deccw.com/index.php?board=23.0
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The list referenced above needs to be updated to reflect new regulations in State forests and parks. We can carry there.
https://regulations.delaware.gov/AdminCode/title7/9000/9200%20Operation%20and%20Maintenance%20Section/9201.shtml#TopOfPage
https://regulations.delaware.gov/AdminCode/title3/400/402.shtml#P2_18
https://regulations.delaware.gov/AdminCode/title7/9000/9200%20Operation%20and%20Maintenance%20Section/9201.shtml#TopOfPage