UD/Main Street Carry

[generalzip]

First the facts:
1. I am a legal resident of Jersey that spends the summers in Newark, DE
2. I have a FL non-resident concealed carry permit

Question:

Would it be legal for me to carry on UD's campus/mainstreet? Is UD considered a primary or secondary education facility under the current federal school zone act? I am not a student at UD. As I currently understand it if I were a resident of DE and had a DE CCW I would be permitted to carry on school campus' and be exempted from federal law. However, the issue is I'm not a resident of DE with a  DE CCW. Thanks in advance.

[GunEnvy]

The safe school act only pertains to k thru 12 schools, higher education facilities are not included. On a side note....since you reside in delaware for part of the year you might want to look into if you can get a delaware resident ccdw. I imagine it would depend on many things such as if you own or rent or stay with someone and if you can prove residence such as with bills and the like. I know its possible for a part time resident to purchase handguns in their part time state with such proof.....just a thought

[generalzip]

Thanks! Yea I live at my gf's for a few weeks and rent her friend's apartment at UD for 2 months.

[Thlax]

With the deccw and not being a student you can carry on main street and on campus...


But me being a student limits me only to carry on main street and not campus...


I don't get the law sometimes. Especially when the ones who take guns into schools and shoot are not following the law, why can't I carry on campus to protect myself.

[generalzip]

With the deccw and not being a student you can carry on main street and on campus...


But me being a student limits me only to carry on main street and not campus...


I don't get the law sometimes. Especially when the ones who take guns into schools and shoot are not following the law, why can't I carry on campus to protect myself.

The only problem is I don't have a DE CCW as I'm not a resident. I only have a non-res florida permit. I think GunEnvy was right in saying tertiary school and universities are not included in Federal law. That is how some campuses in Utah can carry.

[firststatefirearms]

I don't think DE distinguishes between Resident and Non Resident permits.  You can check the DE AG website.  I beleive you can CC in Delaware with a Florida Permit.  But check the DE AG site.  Or call the AG's office and ask.  Just make sure you get a name when speaking to the AG's office.

[Thlax]

http://deccw.com/index.php?topic=1148.0

[generalzip]

http://deccw.com/index.php?topic=1148.0

Right...I'm not a DE resident so this doesn't apply. I know for a fact I can CC in DE since I'm a resident of NJ with a non-res FL CCW. I was just wondering about school zone laws (for universities and colleges) for non-residents as far as CCW goes.

[firststatefirearms]

If the "Gun Free School Zone" Act only pertains to K-12 Schools, then the U of D isn't covered.  Main Street Newark isn't on the Campus of the U of D.  You can also find out the areas covered by U of D Police, if you are concerned about the campus.  If the area is policed by Newark City then it isn't part of the University.

[MarinoTactical]

HEADS UP!!!!
Delaware does include colleges in the definition of safe school zone. Here's the definition right out of Title 11:

“Safe school and Recreation Zone” defined as: Any building, structure, athletic field, sports stadium, or real property owned, operated, leased or rented by any public or private school including but not limited to, any kindergarten, elementary, secondary, or vocational-technical school or any college or university or within 1000' thereof

I'm not sure if UD owns or uses any property(bookstores, admin offices, dorms etc) on Main Street, but if they do, 1000' could include almost half of Main St. I would err on the side of caution and not carry there.

[Thlax]

Hmmmm I'm pretty sure there's an "if" clause that says if your licensed to carry you may. I'm not going to pick through the law to find it though.

[oldgraygeek]

Hmmmm I'm pretty sure there's an "if" clause that says if your licensed to carry you may. I'm not going to pick through the law to find it though.

The way I've seen it interpreted (and my lawyer agrees) is that a Delaware resident carrying with a DE CCDW permit is not carrying illegally, and therefore is not prohibited from carrying in a school zone. However, a person carrying in Delaware under reciprocity is prohibited from carrying in a school zone, despite that fact that they are otherwise carrying lawfully.

[Thlax]

Agreed.

[holmes]

Hi everyone,
I am a new member to this forum.  I have randomly run into several of the posts here as I have attempted to figure a few things out for myself.  If you have a chance, please have a look at the question that I have reaised on the "Defensive Carry" Forum.  We (mostly) successfully resolved a "reciprocity" question pertaining to DE.  However, I am now facing another problem.  In fact it is the question that this thread ends with:  can a reciprocity permit holder carry near a campus in DE?

Here's the whole discussion:

http://www.defensivecarry.com/forum/concealed-carry-issues-discussions/126418-legal-carry-fl-resident-ccw-living-delaware-part-time-w-rental-lease.html

I think that it is also worth nothing that the LCAV ("Legal Community Against Violence") posts a document on their website stating that DE does not grant ANY permit holders (neither resident DE permit holders nor valid reciprocity permit holders) in DE the right to carry near a school.

See here:

http://www.lcav.org/states/Delaware_...aw_Summary.pdf
 
I think the document's claim on page 30 is wrong, but it has caused me to spend a bunch of time trying to re-research the issue via Google.  Any help on either issue would be greatly appreciated.

[Sigarms12]

I'm really not sure when it comes to UD as far as I know reciprocity is the same as having a DE Permit. My understanding is as long as you are not in a UD building you should be ok. I have a friend that works for UD PD I will ask him when I see him.