Recent Posts

Pages: 1 ... 8 9 [10]
91
Delaware News / Re: Stay Tuned.
« Last post by MarcWinkman on January 04, 2024, 07:37:09 PM »
Quick update on the Daniels motion that I filed in Superior Court for one of my clients, it was scheduled for a hearing next Friday, but it seems the State has gone and made the hearing moot by dismissing all o the weapons charges in advance of the hearing removing the court's ability to adjudicate the questions presented.  Looks like I'll have to keep this in a back pocket for refiling on the next good test case that crosses my desk.
92
Sadly this is a tricky one, and a good example of statutes being written as clearly as mud.  The CCDW permit affirmative defense for a charge of violating 11 Del. C. Sec. 1442 (carrying a concealed deadly weapon) applies ONLY to that specific statute.  The nearest example I could think of that coming into play is if perhaps you were out and about, without your credentials on you for some reason or another and happened to have police contact that led to discovery of your concealed weapon.  That being said, 1) you should not be engaging in any activity that would lead to police contact, and 2) if said police contact were the result of someone calling in a tip about a person carrying a gun, you're not doing a very good job of staying concealed.

That said, as far as school stadiums that are not directly on campus (the sports field at Sallies and across the road for Tower Hill come to mind) would more than likely still fall within the ambit of Section 1457 if it is affiliated with the school.  As for stadiums etc. that are part of non-school property and not associated with a school system but are instead considered DNREC properties, the Delaware Supreme Court in Bridgeville Rifle and Pistol Club Ltd. v. Small, 176 A.3d 632 (Del. 2017) made clear that State AGENCIES are not authorized to adopt any regulations that are inconsistent with the state constitution.  This case invalidated the ban on carrying firearms in State parks except for during hunting season and in designated hunting areas.  The Kent County Superior Court further reinforced this when in Delaware State Sportsmen's Association v. Garvin, 196 A3d 1254 (Del. Super. 2018) that DNREC's designation of campsites and lodges as "sensitive areas" did not pass intermediate scrutiny.  Post-Bruen, this case would largely have been decided in the same manner, but the field preemption issue may have been decided differently since intermediate scrutiny has been kicked to the curb.

With respect to any other offenses that relate to carrying of firearms, the specific statute itself typically spells out the permit defense, however, when it does not or when in doubt, err on the side of caution, especially in our quasi communist state.
93
Delaware Concealed Carry Information / Re: permit renewal
« Last post by Clarence on January 04, 2024, 12:36:40 PM »
Just mailed off my renewal today. Let's see how long it takes in NCC.
It’s actually immaterial as you are good to carry as long as you have applied.   Do keep a copy of your canceled check as proof though.
94
Delaware Concealed Carry Information / Re: permit renewal
« Last post by sprue on January 03, 2024, 04:14:39 PM »
Thank you for the reminder!
95
Delaware Concealed Carry Information / Re: permit renewal
« Last post by Libertarian5 on January 03, 2024, 01:58:39 PM »
Just mailed off my renewal today. Let's see how long it takes in NCC.
96
Basically, if you have a valid concealed weapons permit and are present with said concealed weapon in a place within the ambit of Section 1457, you're in the clear as long as the weapon is in the car.  As soon as the weapon leaves the car, you're in deep doo doo if caught.  Section 1457A(c)(4) along with Section 1457A(d)(2) are VERY narrow carve outs for us.  And yes, I am a lawyer.

Marc could you shed some light on the wording of section 1457 (b)(1)?
When 1457 says the underlying offense is section 1442, but section 1442 states that having a CCW license shall be a defense, that has led many people in this forum to believe that they are not committing any crime. I'm not thinking of schools, which are covered in 1457A very clearly, but rather walking around a park with an attached sports field that might be considered a stadium as defined by 1457(c)(4) or a public bathroom (maybe even a portapotty!) at the park since that would be considered a building or structure owned by the county.
97
I still maintain that it's a secondary charge since I'm pretty sure no police will be doing stop- and- frisk type policy.

And being secondary means you had to have a reason for your concealment to be compromised.  And for most responsible CCW holders I would say the reason to expose the weapon would far outweigh any reason to keep it concealed.

Now,  I suppose if the only charge involved violating the new law it might be a good case for a constitutional argument? Who wants to be the bait?
98
Basically, if you have a valid concealed weapons permit and are present with said concealed weapon in a place within the ambit of Section 1457, you're in the clear as long as the weapon is in the car.  As soon as the weapon leaves the car, you're in deep doo doo if caught.  Section 1457A(c)(4) along with Section 1457A(d)(2) are VERY narrow carve outs for us.  And yes, I am a lawyer.
99
Out of State Concealed Carry Information / Re: Where to get a PA CCW Permit Now?
« Last post by Just Bill on December 19, 2023, 10:10:47 PM »
That is where I usually go.  But it was tough during covid, many would no longer issue them.
100
Out of State Concealed Carry Information / Re: Where to get a PA CCW Permit Now?
« Last post by Oaklandopen on December 19, 2023, 12:56:10 PM »
Just did my PA renewal permit,  gonna try to pick it up today

-previous permit expires 2/5/2024
- applied at the media courthouse (delaware County) on 12/6
- received approval in the mail on 12/18 (was mailed 12/14)

Pretty quick
Pages: 1 ... 8 9 [10]