Author Topic: What happens if you are carrying on a no carry location?  (Read 52260 times)

LMB531

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Re: What happens if you are carrying on a no carry location?
« Reply #30 on: March 10, 2012, 04:09:02 AM »
I actually work in a public school in Delaware and I have my CCW and carry as regularly as my outfits allow. In my training class I was told it was "courteous" to inform the building principal and the School Resource Officer (SRO) of my permit and then to say nothing more about it. I've done this and both were completely fine with it. I understand the code to say that I'm within my legal rights to carry as long as I don't commit a felony or crime while doing so.

With school shootings, building intruders, etc. I feel much safer knowing I can protect myself if it ever comes to that (but fingers crossed it never will)!!!

Hawkeye

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Re: What happens if you are carrying on a no carry location?
« Reply #31 on: March 10, 2012, 12:04:33 PM »
Lets say you are carrying on a no carry location, not on locations prohibited by law, but locations where it is business's policy like the Christiana mall, TGI's,... Is there any legal issues? Can you loose your license? Or you are just asked to leave?

Let's get back to the original question.

A "no guns allowed" sign does not have the force of law in Delaware.  Unless you are at one of the locations where state law prohibits firearms all they can do is ask you to leave.  If you don't leave you can be charged with trespassing.

Of course this does not mean that some uninformed employee or overzealous LEO won't overreact regardless of if you are in the right.

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Sigarms12

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Re: What happens if you are carrying on a no carry location?
« Reply #32 on: March 28, 2012, 08:38:29 PM »
Lets say you are carrying on a no carry location, not on locations prohibited by law, but locations where it is business's policy like the Christiana mall, TGI's,... Is there any legal issues? Can you loose your license? Or you are just asked to leave?

Let's get back to the original question.

A "no guns allowed" sign does not have the force of law in Delaware.  Unless you are at one of the locations where state law prohibits firearms all they can do is ask you to leave.  If you don't leave you can be charged with trespassing.

Of course this does not mean that some uninformed employee or overzealous LEO won't overreact regardless of if you are in the right.

Agreed
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SturmRugerSR9

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Re: What happens if you are carrying on a no carry location?
« Reply #33 on: September 01, 2012, 03:07:07 PM »
I was thinking about this "no carry" location deal and decided to add to this thread, even thought it has been dormant for a while. I think that it should be mandatory for any building, business, office, or property, to have a clear visable sign prominently posted if there are no guns or weapons allowed. I mean any place. They don't have any problem putting "no smoking" or "no service without shirt or shoes", or"no parking" signs up. It seems some places have a "secret policy" about firearms. They don't post any policy, but if you are caught or suspected of carrying they want to make an issue of it.
I think the law should be, either post it or forget about it. No prominent visable sign, no foul.
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oldgraygeek

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Re: What happens if you are carrying on a no carry location?
« Reply #34 on: September 01, 2012, 04:41:02 PM »
I was thinking about this "no carry" location deal and decided to add to this thread, even thought it has been dormant for a while. I think that it should be mandatory for any building, business, office, or property, to have a clear visable sign prominently posted if there are no guns or weapons allowed. I mean any place. They don't have any problem putting "no smoking" or "no service without shirt or shoes", or"no parking" signs up. It seems some places have a "secret policy" about firearms. They don't post any policy, but if you are caught or suspected of carrying they want to make an issue of it.
I think the law should be, either post it or forget about it. No prominent visable sign, no foul.
I agree... but I'm also glad this isn't the law here in Delaware.

CCDW permit holders fly almost completely under the radar here. Even businesses who prominently post "NO GUNS" signs in other states (e.g., Costco) don't bother posting such signs in Delaware because they don't even realize that we exist. The few signs that are posted don't have the force of law: even if there was a huge sign banning firearms in a store, all they could do is ask us to leave. My wife and I cheerfully ignore those sneaky little "secret policies" and we know we're not breaking the law.

Imagine what would happen if we tried to pass such a law, and the News-Urinal wrote up a huge front-page story, and it created a big public discussion... the Philly TV stations would pick it up, and stir up a hornet's nest.
The law would pass ...and we would suddenly be legally barred from -- and criminally liable for -- carrying in the mall, the movie theater, half the restaurants in the state, Costco, BJ's, ShopRite...
More and more places would become off-limits to us every day, as fast as they could print the signs.

Right now, there's a sneaky little "no guns" sign at the Regal cinema, and that almost invisible "Code of Conduct" at the Christiana Mall, and we have the right to carry at those places anyway.

If we tried to pass the law you propose -- which is a perfectly sensible and reasonable law, I agree -- it would only reduce our rights.
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CorBon

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Re: What happens if you are carrying on a no carry location?
« Reply #35 on: September 01, 2012, 09:36:04 PM »
I was thinking about this "no carry" location deal and decided to add to this thread, even thought it has been dormant for a while. I think that it should be mandatory for any building, business, office, or property, to have a clear visable sign prominently posted if there are no guns or weapons allowed. I mean any place. They don't have any problem putting "no smoking" or "no service without shirt or shoes", or"no parking" signs up. It seems some places have a "secret policy" about firearms. They don't post any policy, but if you are caught or suspected of carrying they want to make an issue of it.
I think the law should be, either post it or forget about it. No prominent visable sign, no foul.
I agree... but I'm also glad this isn't the law here in Delaware.

Imagine what would happen if we tried to pass such a law, and the News-Urinal wrote up a huge front-page story, and it created a big public discussion... the Philly TV stations would pick it up, and stir up a hornet's nest.
The law would pass ...and we would suddenly be legally barred from -- and criminally liable for -- carrying in the mall, the movie theater, half the restaurants in the state, Costco, BJ's, ShopRite...
More and more places would become off-limits to us every day, as fast as they could print the signs.

If we tried to pass the law you propose -- which is a perfectly sensible and reasonable law, I agree -- it would only reduce our rights.
Just adding to OGG's train of thought.

Regarding Delaware's gun laws -- less is way more.  Any additional "clarification" would come with limitations that you hadn't even thought about.  Have you ever seen that Texas handbook for concealed carry?  That's exactly what we could wind up with, which is a patchwork of places that we now legally can't carry a weapon.  What's your option -- leave it in the car?  Great, now you're unarmed, and if someone steals your buggy or your weapon, you may eventually find yourself on the wrong end of a civil lawsuit because you left an unattended weapon accessible to anyone willing to steal/break into your car.

For liability, insurance, and general administrative purposes, most of these companies would not try to clarify who can legally carry at their locations.  It's easier to say "no weapons allowed" than to say "no weapons allowed unless carried in a lawful manner by those that are permitted to carry the aforementioned weapons as prescribed and/or limited by any all all applicable federal, state, and local statutes, regulations, ordinances, or case law."  Plus, with "no guns allowed" -- there's no inference that the company wants its patrons to be armed.


If people want to put up stickers and signs, fine -- I'm illiterate and failed Pictionary class.  If they want to hire a clown to stand out there and tell me the same thing, fine -- I have selective hearing.

We're better off as is.  
Very few guns are actually "illegal guns."  A gun misappropriated by a criminal is no more of an "illegal gun" than a stolen car is an "illegal car."

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Re: What happens if you are carrying on a no carry location?
« Reply #36 on: September 02, 2012, 01:26:26 AM »
The last time I was in Ohio- sometime last year, I was amazed to see how many businesses had "No Guns Allowed" signs- they accept our license, but you'd be doing a lot of switching out maneuvers to stay legal there. I'd surely hate to see Delaware go that way!! Pete D.---
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DelCorrections

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Re: What happens if you are carrying on a no carry location?
« Reply #37 on: September 20, 2012, 03:07:34 PM »
hey guys i seen like the Delaware state fair is a place you cant carry concealed but since i work for the state as a correctional officer and we are considered law enforcement can i carry there 

Hawkeye

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Re: What happens if you are carrying on a no carry location?
« Reply #38 on: September 20, 2012, 10:09:38 PM »
hey guys i seen like the Delaware state fair is a place you cant carry concealed but since i work for the state as a correctional officer and we are considered law enforcement can i carry there 

You are going to have a hard time finding a definitive answer to this one. I have contacted the AG's office for clarification on some aspects of how a C/O's LEO status affects legally carrying a firearm in different situations and all they do is refer me back to DOC.

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FIREFIGHTER7248

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Re: What happens if you are carrying on a no carry location?
« Reply #39 on: March 31, 2013, 03:37:02 AM »
You can be asked to leave and you could also be arrested for trespassing
Sussex County

Ravensfootball56

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Re: What happens if you are carrying on a no carry location?
« Reply #40 on: March 31, 2013, 03:48:07 AM »
The whole purpose of Concealed carry, is just that...Concealed Carry, so they wont know anyhow as long as its done correctly!
BS