What happens if you are carrying on a no carry location?

[Sigarms12]

I would say no because your not on school property, it would be the same as if you live next to a school they cant keep you from owning a gun so I would say the same rule applies also welcome to the forum.

[Taurus221]

gimmie, They may try to prosecute but they most likely will have no luck.
The bottom line is the AG's office can decide to prosecute anyone for anything. But when it is said and done with, the people are the one's you answer to. And many a jury would be hesitant to put someone away for something like that.
I wish I could tell you all with certainty but I can't. The AG's office won't even email me back with my previous question. (suprise, suprise)

[gimme9]

Can you carry while going into your bank?

[Sigarms12]

Yes as long as they don't have a sign stating otherwise

[george]

Yes Dave but the BATFE permits CC if you have a permit in that jurisdiction but reciprocity does not count. Now if your in Fridays eating dinner and while getting your wallet out to pay and the manager sees your gun can they prosecute? By law we can not CC in places that post a sign saying they don't permit it. Just wonderin

can you please post that law for Delaware?

[Radnor]

A friend of mine works at the PDO. I told him about the sign at TGI Fridays.  Here is the reply:

I talked to a few attorneys today and first they need to see or have you write exactly what the sing say. More important for any conviction the establishment has to be able to prove your state of mind at the time of the incident. They also must be able to prove that you read the sing because so many people just walk by the many signs on a door. Once they ask you to leave even though you have a concealed permit you have to leave. It just like you being in my house and I can set any rules I want and if I decide I will not allow anyone to enter my house with a weapon I can do so. Where is the restaurant?

[Rabbit]

i hate to bump this issue and restate what CorBon said but looks like Mr. Robert Carmine the Director of Special Investigations for the AG office did not take a close look at the law. the the way i interpreted the law is

§ 1457. Possession of a weapon in a Safe School and Recreation Zone; class D, E, or F: 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 E felony.
(2) Section 1444. -- Possessing a destructive weapon; class E felony.
(3) Section 1446. -- Unlawfully dealing with a switchblade knife; unclassified misdemeanor.
(4) Section 1448. -- Possession and purchase of deadly weapons by persons prohibited; class F felony.
(5) Section 1452. -- Unlawfully dealing with knuckles-combination knife; class B misdemeanor.
(6) Section 1453. -- Unlawfully dealing with martial arts throwing star; class B misdemeanor.

So with a permit you are not in violation of section 1442, so you can't be guilty of the crime of possession of a weapon in a Safe School and Recreation Zone. Can someone write the AG office with the proper section of the Delaware code cited and ask for clarification. Because it looks like he either just skimmed that section or didn't even bother looking it up. Looks like another graduate of the Derek Zoolander School for Kids Who Can't Read Good.

Also on the issue of the little no firearms allowed stickers or signs at Fridays, the mall, or the theater. I understand that i can be charged with trespassing if refusing to leave when asked to do so but do they carry any additional legal weight behind them.

[Sigarms12]

Rabbit I don't think the signs carry much weight at all other then giving the establishment a reason to ask you to leave if your carrying. As far as the AG's ofice if you email them please let us know what result you get.

[Radnor]

Rabbit I don't think the signs carry much weight at all other then giving the establishment a reason to ask you to leave if your carrying. As far as the AG's ofice if you email them please let us know what result you get.

+1 on the signs and no weight.

And.... Good luck getting the AG's office to put ANYTHING in writing.

[boarder2280]

You may have better luck with the Dept of Justice rather than the Attorney General's office.  When I e-mailed the AG about a residency question, the e-mail response I got (yes I got a response - pretty cool, huh?) was from an agent over at the DOJ, so obviously the e-mail had been forwarded.  If we cut out the middle man (The AG), we may start having a little better odds of getting replies.

Boarder

[Ravensfootball56]

Yes Dave but the BATFE permits CC if you have a permit in that jurisdiction but reciprocity does not count. Now if your in Fridays eating dinner and while getting your wallet out to pay and the manager sees your gun can they prosecute? By law we can not CC in places that post a sign saying they don't permit it. Just wonderin

What i was told in my class if there is not a law against it you cant be charged with an infraction of the law...Suck as fridays, Delaware code does not have written in it anywhere that you cannot carry in Friday's, so I just ignore the signs and I carry IWB anyhow so no one will ever know!  This applies to the Christiana mall too!

[oldgraygeek]

My lawyer agrees:
If state law says you can't carry somewhere -- like on a school bus, or in a state park -- it's a crime to carry there.
If a sign on the door of a business says "no guns," all they can do is ask you to leave... which, of course, we would all do politely and promptly, right? (Since concealed means concealed, why would THAT ever happen)?

When I go to the Christiana Mall, I always enter through Macy's or J C Penney's. There are no signs at their entrances, or where you enter the mall from the anchor stores.

If the new Target puts up a "no guns" sign, then I guess they don't need my business.

[Sigarms12]

I don't think we will have anything to worry about with Target, I have heard they are very Pro 2A.

[Ravensfootball56]

I don't think we will have anything to worry about with Target, I have heard they are very Pro 2A.

Plus the store is named "Target" Its only appropriate to be able to carry in a stored named after a Bullseye and with a Giant Red one on the front of the store!!! HAHA

[Willie848]

It depends on the place. Fridays for example could just ask you to leave and not make a big deal out of it. But I if the place wants to they can get the police involved and then I think you are ilegally carriyng and subject to what ever law the officer wants to charge you with.

Question how in the world would eatery know you are carrying GUN you aren't going in with a sign on your chest saying I have a gun please help me understand. Living in Dover, DE