Carrying in your place of business.

[29thInfantry]

I work for a friend of mine and it has been asked if some of the managers like myself would be allowed to carry in the store.  My question is since it is technically a public business where we can refuse service from anyone as it is private property that we rent.  Do  you need to have a CCDW for being inside of your work place?  I seem to not be able to find anything on the laws that I have looked up.  If anyone has any insight on this I would greatly appreciate it.

[Cbmarine]

Given your circumstances, you should be able to open carry but not concealed carry at work.  This section seems pretty clear that you can't carry concealed anywhere in DE without a CCDW if a DE resident.

http://delcode.delaware.gov/title11/c005/sc07/index.shtml#1442
§ 1442 Carrying a concealed deadly weapon; class G felony; class D felony.

A person is guilty of carrying a concealed deadly weapon when the person carries concealed a deadly weapon upon or about the person without a license to do so as provided by § 1441 of this title.

Carrying a concealed deadly weapon is a class G felony, unless the deadly weapon is a firearm, in which case it is a class D felony.

[29thInfantry]

thank you!!

[Condition 1]

You need a CCW to carry concealed inside of your own house.

[ChrisCar]

You need a CCW to carry concealed inside of your own house.

I agree that this is the safe interpretation of the law because the right has never been declared.  However, there are a few cases which have "assumed without deciding" that there is a right to concealed carry within one's own home.  See, for example, Dickerson v. State of Delaware, 975 A.2d 791 (2009) and Feliciano v. State of Delaware (unreported), Supreme Court No. 169, 2011.   

In both cases, the courts did not address the issue head-on because the defendants had exited their homes while concealed carrying.    It would be nice if we could get an actual decision on the issue.  (But I don't want to be the test case). 

[Obleo]

You need a CCW to carry concealed inside of your own house.

I can do whatever I want inside my own home or, for that matter, inside my property boundaries.  The only way this is enforceable is if there are domestic or criminal issues being addressed by LE.

For years I carried a shotgun in a scabbard (out of view) strapped to the side of my ride lawnmower.  This because of an A** hole neighbor with a dog from hell. My LEO neighbor used to laugh at me.

[Clarence]

This has been a questionable topic for years.  The court cases mentioned sure do allude to the possibility that you would be OK in your home.  But if there was an issue such as a domestic call where police entered home and a subject put a gun in waistband, I can see where they might try to charge that if they could not get an other charge such as assault with a deadly weapon.  Who knows how it would play out.

On the other hand could Obleo be charged under that fish and game law for having a loaded shotgun "in, on or against" a vehicle?  

Title 7 Section 708


No person shall have a loaded shotgun or rifle in that person's possession in, against or on any automobile, other vehicle, any piece of farm machinery, motorboat while under power, sailboat while under power, or have any ammunition in the magazine or chamber of such shotgun or rifle except when it is otherwise lawful to hunt crippled migratory birds from a motorboat as permitted by federal law.
(26 Del. Laws, c. 165, § 8; Code 1915, § 2381; Code 1935, § 2829; 47 Del. Laws, c. 322, § 1; 7 Del. C. 1953, § 709; 59 Del. Laws, c. 144; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 275, § 71.)

[Condition 1]

You need a CCW to carry concealed inside of your own house.

I can do whatever I want inside my own home or, for that matter, inside my property boundaries.  The only way this is enforceable is if there are domestic or criminal issues being addressed by LE.

For years I carried a shotgun in a scabbard (out of view) strapped to the side of my ride lawnmower.  This because of an A** hole neighbor with a dog from hell. My LEO neighbor used to laugh at me.

Sorry,  but no you cannot. You cannot use illegal drugs,  you cannot commit any crimes. You also cannot legally have a firearm if you are a person prohibited by law,  you also cannot carry a firearm concealed without a license to do so.

Just because you are inside of your own property doesn't give you a free get out of jail card.

[JOET]

You need a CCW to carry concealed inside of your own house.

I can do whatever I want inside my own home or, for that matter, inside my property boundaries.  The only way this is enforceable is if there are domestic or criminal issues being addressed by LE.

For years I carried a shotgun in a scabbard (out of view) strapped to the side of my ride lawnmower.  This because of an A** hole neighbor with a dog from hell. My LEO neighbor used to laugh at me.

Sorry,  but no you cannot. You cannot use illegal drugs,  you cannot commit any crimes. You also cannot legally have a firearm if you are a person prohibited by law,  you also cannot carry a firearm concealed without a license to do so.

Just because you are inside of your own property doesn't give you a free get out of jail card.

Condition 1 is right... Since you do not have a CCW yet...have you considered "OPEN CARRY"

[ChrisCar]

It looks like this topic is probably dead, but if anyone wants to read the cases I cited you can get them free off Google Scholar. 

Dickerson v. State can be found at: https://scholar.google.com/scholar_case?case=2647368145968896995&q=Dickerson+v.+State+of+Delaware&hl=en&as_sdt=4,8

Feliciano v. State can be read at: https://scholar.google.com/scholar_case?case=14100091945789180693&q=Feliciano+v.+State+of+Delaware+firearm&hl=en&as_sdt=4,8

Sorry I didn't just put the links in my earlier post. 

[fish0123]

If you have a concealed carry permit just carry and don't tell anyone.

[rikwick]

The court cases are interesting.  In Dickerson's case the court recognizes there is no exception written in the law for cc in your home. In Feliciano (although it was not addressed) he argues there is no specific law that prohibits cc at home, (I'm thinking much like open carry).  Athough it is a moot point for most of us here, I would be very interested in a case that would come up and challenge whether it is legal on your own property to cc.  Of course I think the case would have to not involve any other kind of illegal activity.

[Clarence]

I think you need to use a little common sense here.  Delaware law forbids carrying a concealed deadly weapon on or about the person without a license.

By this logic a pistol in a nightstand drawer next to your bed would be illegal as it is about the person.  

Can't imagine a jury convicting a person for carrying in their own home or property absent another crime.

Remember that in Delaware a steak knife can be considered a deadly weapon too.

[29thInfantry]

I started practicing martial arts at the age of 12 and am now 45 and still study.  In it self the arts are considered a deadly weapon but even with all the knowledge I have i still cannot dodge bullets.  I think with a CCDW you should have some sort of hand to hand self defense training it makes your situational awareness sharper not to mention not having to pull that gun when you could have temporarily disabled an attacker will save you a lot of time and money.   

[Adrenolin]

I'd like to see a 2A friendly state rep submit a bill to amend 1441 allowing the concealed carry on ones own personal property. Its a little thing but take a page out of the antis book and grab a bit back.

Fat chance however