Links to laws in sticky?

[each]

I can't find anything to suggest that it is in violation of the law to carry in these locations.  I am admittedly not very good at finding things in Delaware code.  Can someone provide any links where it says these are off limits?

- All 3 Casinos Per Casinos this is a Video Lottery Rule, Still Investigating
  (I see this one is still investigating so it may be found to be legal)
- State and County Buildings
  (I haven't looked into the County stuff much but can't find anything about State buildings)
- Schools
  (This one _seems_ to be ok if you are a valid permit holder but I could be reading it wrong)
- Delaware State Fair
  (I'm guessing this is linked to the Casino rule?)

Any links would be appreciated!

Thanks,
Each

[Landmgr]

Good questions. I'm confused about some of these as well, specifically the school one. I may be reading it wrong but I read it the same as you, you are carrying a deadly weapon illegally unless you have a ccdw permit. Hopefully someone in the know can clarify these questions.

[Obleo]

The laws are written to be interpreted.  No one person or group will accept the liability of publishing their interpretation.  I recommend discussing your questions with (gasp) a lawyer familiar with these issues.  And then don't expect a good answer.

On a more pertinent note, concealed means concealed.  If you are not advertising your carry then no one needs to know.  In my experience if there are wands or metal detectors at the entrance then you are likely not getting past the guard.

[Lumspond]

Obleo is on the money. Lawyers can't even agree on the interpretation of the 2nd amendment. For what it's worth, I happened to agree with you on the interpretation of the school zone. But others feel differently. I'm sure a police officer may feel differently as he's arresting you. Also as Obleo states, concealed means concealed. I keep my pistol in my holster, and Joe Hurley's number in my phone.
Title 11, #1457 http://delcode.delaware.gov/title11/c005/sc07/index.shtml

[Cbmarine]

Re Schools: here are some links. And, IIRC, there is a post here by @OGG quoting a lawyer offerring similar advice.
A previous discussion on this topic
U.S. Code on school carry. Scroll down to subpara q
DE School law
DE CCDW law

[Adrenolin]

Simply my interpretation only and IANAL..

Regarding Safe School Zones.. You're concerned with the offense 1457-B-1. When you then read 1442 the first line clearly exempts anyone with a DE CCDW license which is provided by 1441.


My interpretation is that as long as you have a Delaware issued CCDW you are NOT breaking the law. I'd suggest carrying this information (and your lawyers number) with you anytime you are entering a school (or safe school zone). If for whatever reason someone calls LE on you it could keep you out of cuffs or jail unless the officer is anti-2a then you're screwed anyways since you'll then be arrested regardless. A decent LEO could listen to you explain this and let you go. There have been a few incidents where this has happened though none that I know of in Delaware unfortunately.

All this said.. and as Obleo stated... it is "Concealed" Carry. No one should ever see it unless its needed. If that happens make darn sure it is 1000% needed and still expect the SHTF afterwards.


§ 1457 Possession of a weapon in a Safe School and Recreation Zone; class D, E, or F felony; 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 D felony.

... and ...

§ 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.

[Cbmarine]

However, if carrying, stay off the school bus

http://regulations.delaware.gov/AdminCode/title14/1100/1150.shtml#TopOfPage
1150 School Transportation

10.15   Weapons of any kind are not permitted on a school bus.

(Thanks to handgunlaw.us)

[Adrenolin]

However, if carrying, stay off the school bus

http://regulations.delaware.gov/AdminCode/title14/1100/1150.shtml#TopOfPage
1150 School Transportation

10.15   Weapons of any kind are not permitted on a school bus.

(Thanks to handgunlaw.us)

Yup.. I've mentioned this in the past as well.

[Hawkeye]

For what it is worth I called the Division of Gaming Enforcement a couple of years ago about carrying in the casinos and I was told that there is no law against it. It is merely their policy not to allow firearms.

[Adrenolin]

Yup.. No different then No Weapons/Gun Permitted signs. For whatever reason people believe the Casinos are forbidden locations and they aren't legally. No different then Christiana Mall really. There are no DE laws prohibiting a CCDW permit holder from Casinos.

[JOET]

signs have no force of law....concealed is concealed...who would know???

[seniorgeek]

Yup.. No different then No Weapons/Gun Permitted signs. For whatever reason people believe the Casinos are forbidden locations and they aren't legally. No different then Christiana Mall really. There are no DE laws prohibiting a CCDW permit holder from Casinos.

According to the ATE (Alcohol Tobacco Enforcement)  group in Dover you are wrong. They told us in our Citizens Academy that the casinos are a no weapons/carry location.
I will ask the question again tomorrow at the next class and report back. Maybe they are not up on the laws.
 

[Cbmarine]

Yup.. No different then No Weapons/Gun Permitted signs. For whatever reason people believe the Casinos are forbidden locations and they aren't legally. No different then Christiana Mall really. There are no DE laws prohibiting a CCDW permit holder from Casinos.

According to the ATE (Alcohol Tobacco Enforcement)  group in Dover you are wrong. They told us in our Citizens Academy that the casinos are a no weapons/carry location.
I will ask the question again tomorrow at the next class and report back. Maybe they are not up on the laws.
 

Ask them to quote the law/regulation. 

[Adrenolin]

Yup.. No different then No Weapons/Gun Permitted signs. For whatever reason people believe the Casinos are forbidden locations and they aren't legally. No different then Christiana Mall really. There are no DE laws prohibiting a CCDW permit holder from Casinos.

According to the ATE (Alcohol Tobacco Enforcement)  group in Dover you are wrong. They told us in our Citizens Academy that the casinos are a no weapons/carry location.
I will ask the question again tomorrow at the next class and report back. Maybe they are not up on the laws.
 

Ask them to quote the law/regulation. 

Exactly.. I don't care what they say or tell you unless they can show the written law that says its illegal for a CCDW holder to carry in the Casinos. Lots of places 'say' its not permitted however I've yet to read any law that says so.

[seniorgeek]

I asked the question Wednesday at the Citizens Academy and they told me it was a "Gaming" law written in the gaming provision.
Can someone on hear look this up so I can let them know next Wednesday what actually is written in DE state law?

-addition - I will see if I can find something in the gaming section.