School zone/Campus?

[Thlax]

I'm a student at UD and wanted to know where I may and may not carry around school? I would never take my firearm to class, however I am wondering if I may be allowed to walk on Main St with it while concealed? What is the more detailed law on schools/school zone/campus?

Thanks!

[Moosie]

With regards to schools you have to worry about two things: the FEDERAL law (Gun Free School Zone Act) that prohibits you from carrying a firearm within 1000' feet of a school. You are, however, EXEMPT from this if you have a license from the state in which the school resides, e.g. Delaware CCDW is exempts you from Delaware Schools. PA LTCF exempts you from PA schools, etc.

The section in the Delaware Criminal Code that penalizes carrying a firearm in a school zone actually takes effect ONLY if you are concealing without a license. If you're concealing with a license, or open carrying with a license, that'll cover you with regards to both state and federal law. You could technically open carry without a license and be within Delaware law, but you'd be violating Federal law.

The Post Office (and Federal property) is prohibited under Federal Law... google for that.

A Court House, Prisons, Police Stations are considered "Detention Facilities" and firearms are considered "contraband" and are, thus, verboten in these types of locations.

Any other public property (except state forest, state parks and lands controlled by Fish and Wildlife) should be lawful for you to carry a firearm.

Moosie

[oldgraygeek]

I am not a student at UD. I believe I can legally carry on Main Street and anywhere else I decide to go in Newark, except for the Post Office.
As a student, you may have agreed to a code of conduct that prohibits firearms on campus (you should look into it, discreetly), but I did not.

[John]

Oh boy,  I was told by my instructor that the City of Newark was a no carry area.  Anyone heard of this?

[Thlax]

Understood. I know all the normal allowed and not allowed places but I am not sure if I'm stepping on any fine lines with main st and such. When I take my CCW course in 2 weeks I'll get that clarified.


To the post above^^, interesting you heard your not even allowed to carry in Newark! That's where I would say I need it the most around my apartment. Not at home in Wilmington.

[Sigarms12]

I believe higher education facilities are NOT covered under the federal gun free school act. I have heard of many colleges that have their own policies or states that have laws against carrying and as far as I know Delaware does not.

[Lumspond]

In regards to John's comment about the Peoples Republic of Newark.....I believe it used to be illegal to carry in Newark, as they had there own law separate from the rest of the state. But a year or two ago they accidentally let their paperwork lapse, and were forced to fall in line with the rest of the state.
Or maybe I dreamt that....
Tony

[Thlax]

Ugh I hope Newark is not still a Peoples Republic. I only ever want to hear Peoples Republic in reference to Maryland!

As I said in 2-3 weeks I'll be taking my CCW with Dave Johnson at First State Firearms Training and I'll make sure we sort out the law.

On a side note- Dave has been EXTREMELEY helpful answer questions even before I told him I'll take his class. Great man. Looking forward to taking his class:)

[John]

Please ask Dave if he knows where we can "see it in writing" if it is illeagal to carry in Newark.  Thanks.

[Lumspond]

Regarding Newark, if you go to the De open carry forum, it lists this info, with a link to some internal memos.

· Newark Ordinance Revision: Partial success! In the latter half of 2007, the City of Newark was considering revising local ordinances to remove the prohibition on concealed carry, since state law already prohibits it with a harsher penalty. As law-abiding citizens, we fully agree with this change. The Council sought, however, to replace the ordinance with one that prohibited the open carry of firearms -- it even got as far as a first reading! Thankfully, the City Solicitor was informed that municipalities are prohibited from regulating the carrying of firearms and recommended that Bill 07-39 be defeated.

UPDATE: SUCCESS! Newark has amended its ordinance to defer to state law with regards to open and concealed carry within its limits, giving us clear law by which to follow and harsher penalties for those who would break the law.

[Simpleman71]

What section of the delaware criminal code is this written in?

[SturmRugerSR9]

I would think that since most schools and college campuses are  government property of some sort, you would not be able to carry there. Best to contact campus security now, then to have to deal with them if an incidence occures. Also it should be published if it is a policy and not written law.

[firststatefirearms]

Delaware Title 11 Chapter 5 § 1457 "Possession of a weapon in a Safe School and Recreation Zone"

As far as traveling on Main Street, I would imagine that you are not violating the law.  As Llong as you do not enter any real property under the control of the U of D.

The Attorney General's Office has stated CCDW Holders ARE NOT exempt to the Gun Free School Zone Law.

All Federal Goverment Buildings are Gun Free, All State of Delaware Buildings are not Gun Free.

[FSFT_Jeff]

I apologize in advance for resurrecting an old thread, but could you please provide a source to said statement from the Attorney General's Office. I'd be interested in the wording, if it's in reference to Delaware or Federal Law and to whom it was directed.

As I'm sure it's been posted elsewhere, a Delaware Resident with a Delaware Concealed Carry of a Deadly Weapon Permit is permitted to carry within a "Gun Free School Zone" in Delaware both in accordance with Delaware State Code & Federal Law. If you require specific sources to these statues, please do not hesitate to ask. The only reason I don't post them now is I'm sure they've been otherwise posted somewhere on this forum.

[LMB531]

I would also like to have in writing the part about CCW licensees being able to carry in a school. In the wake of the tragedy in Connecticut, and being a public school educator I would like to keep the printout with my license in the event I am questioned. My School Resource Officer is aware that I carry, but I want to have in writing the actual law just in case. Thanks!!