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Author Topic: Lawsuit against state park ban  (Read 13490 times)
8thFA
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« Reply #15 on: November 20, 2016, 10:56:59 AM »

Heard today that this case has been moved from the Court of Chancery to the Superior Court which a less-friendly environment. A ruling had been expected in September.

Dammit.  Being ignorant of Delaware politics as I am, what do you think the odds of passage are?
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Cbmarine
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« Reply #16 on: November 20, 2016, 12:04:10 PM »

Heard today that this case has been moved from the Court of Chancery to the Superior Court which a less-friendly environment. A ruling had been expected in September.

Dammit.  Being ignorant of Delaware politics as I am, what do you think the odds of passage are?
didn't ask that question. If the ban is struck down, expect it to be delayed as long as possible.
Got distracted with a discussion of school carry. One member of the discussion who only gave his first name said that he knew the current AG and that the AG has his own opinions that tend to differ from written law. 
« Last Edit: November 20, 2016, 12:07:35 PM by Cbmarine » Logged

Smelly deplorable dreg of society clinging to God and guns
New Castle County
EMS2n21
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« Reply #17 on: November 04, 2017, 09:29:14 AM »

Any ruling?  Ridiculous that a law was passed for the people and by the people that opposes our right to life (or the right to defend said life).  One can take a hunting course and be allowed to hunt same properties and not have a CCW permit.
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MarkB
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« Reply #18 on: November 04, 2017, 11:26:07 AM »

This may be helpful for a favorable decision.  Sussex County, this week, passed a firearm carry ordinance that bans carry in all county buildings, except for LEO's and CCW permit holders.  This ordinance recognizes that all CCW permit holders are"safe" and are allowed to carry concealed in all county buildings.  This means that a Delaware government entity approves of CCW permit holders and yhis fact can be used to argue for CCW carry in State Parks and forests.

https://sussexcountyde.gov/sites/default/files/ordinances/Possession%20of%20Firearms%20in%20County%20Buildings%20Ordinance.101017.pdf
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Rabbit
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« Reply #19 on: December 07, 2017, 07:10:25 PM »

Reversed, https://courts.delaware.gov/Opinions/Download.aspx?id=266310
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Clarence
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« Reply #20 on: December 07, 2017, 07:34:58 PM »

Wow!   We did it.  This is huge.
Congratulations to the freedom loving patriots who fought this and a salute to those justices who actually put
Integrity over political expediency
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DE PA VA AZ FL ccw. NRA Life Member.

For slavery fled, O glorious dead, When you fell in the foggy dew.
Adrenolin
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« Reply #21 on: December 08, 2017, 12:53:40 PM »

So does this also include the C&D Canal lands as well?
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Clarence
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« Reply #22 on: December 08, 2017, 02:47:12 PM »

So does this also include the C&D Canal lands as well?
No. That is Corp of Engineers.  Trump is reportedly working on an executive order to fix that though.

This only fixes state parks and forests but it also clears up the illegal New Castle County ordinance as well as an earlier Kent parks rule.

The majority opinion is a good read.  Well thought out.
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DE PA VA AZ FL ccw. NRA Life Member.

For slavery fled, O glorious dead, When you fell in the foggy dew.
8thFA
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« Reply #23 on: December 08, 2017, 03:27:02 PM »

Wow!   We did it.  This is huge.
Congratulations to the freedom loving patriots who fought this and a salute to those justices who actually put
Integrity over political expediency
This is huge, and a complete surprise to me!  I thought thisappeal had no chance. 
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Adrenolin
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« Reply #24 on: December 08, 2017, 04:21:19 PM »

So does this also include the C&D Canal lands as well?
No. That is Corp of Engineers.  Trump is reportedly working on an executive order to fix that though.

This only fixes state parks and forests but it also clears up the illegal New Castle County ordinance as well as an earlier Kent parks rule.

The majority opinion is a good read.  Well thought out.
Yeah I wasnít sure here. DNC still Patrol, maintains and manages the actual Land at the C&D Canal. Iím there often and those are the only vehicles I see. Have had many talks with them as well though not on this topic.
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Adrenolin
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« Reply #25 on: December 08, 2017, 09:21:05 PM »

Now if/WHEN HR38 passes itíll open up the C&D lands for CC. Wonder how many more years weíll have to wait.

Quote
Question: What does this change if anything about carrying on Federal Property like National Parks?

Answer: Currently the law allows that the prohibition or allowance of firearms in a National Park, Monument, or Memorial is regulated by the state in which that park, monument, or memorial is located. In HR38 that changes to allow that anyone carrying under the bill can carry a concealed handgun in any of the following areas that are open to the public: A unit of the National Park System, a unit of the National Wildlife Refuge System, public land under the jurisdiction of the BLM, land administered and managed by the Army Corps of Engineers, Land administered and managed by the Bureau of Reclamation, Land administered and managed by the Forest Service.
Edit: Source: https://www.concealedcarry.com/national/answers-to-your-questions-about-hr-38-national-concealed-carry-reciprocity/
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NormH3
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« Reply #26 on: December 09, 2017, 04:57:41 AM »

So does this also include the C&D Canal lands as well?
No. That is Corp of Engineers.  Trump is reportedly working on an executive order to fix that though.

This only fixes state parks and forests but it also clears up the illegal New Castle County ordinance as well as an earlier Kent parks rule.

The majority opinion is a good read.  Well thought out.

Yes but the lands around the C&D are under the jurisdiction of Delaware Fish and Game. I think we will need to get a clarification on that.
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Cbmarine
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« Reply #27 on: December 09, 2017, 09:35:12 AM »

The State will probably be slow to update the regs but here's the one for C&D Canal
3900 Wildlife

General Rules and Regulations Governing Land and Waters Administered by the Division

8.3.4   Firearms on Division Areas.

8.3.4.1   It shall be unlawful for any person to possess a firearm on lands or waters administered by the Division from March 1 through August 31, except as authorized by the Director in writing.

8.3.4.2   It shall be unlawful for any person to possess a rifled firearm of any description at any time on those lands bordering the Chesapeake and Delaware Canal and licensed to the Department by the Government of the United States for wildlife management purposes, except that muzzleloaders and shotguns with rifle barrels may be used during deer seasons when it is lawful to use those firearms.

8.3.4.3   It shall be unlawful for any person to discharge any firearm on lands or waters administered by the Division on Sunday, except in areas designated by the Director or with a permit from the Director.

8.3.4.4   It shall be unlawful for any person to discharge any firearm on lands or waters administered by the Division for any purpose, including target shooting, other than to hunt during an open season, under conditions approved by the Director and specified on the current wildlife area map.

8.3.4.5   It shall be unlawful to possess, consume or be under the influence of alcoholic beverages, liquors or drugs while hunting or in the possession of firearms when on lands administered by the Division.

8.3.5   Dikes. It shall be unlawful for any person to be in possession of any firearm on any dike administered by the Division, unless such person is temporarily crossing a dike at a ninety degree angle or traversing a dike to reach a Division authorized deer stand location during a deer firearms hunting season.
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Smelly deplorable dreg of society clinging to God and guns
New Castle County
Obleo
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« Reply #28 on: December 15, 2017, 08:47:08 AM »

Wow!  Had to look out the window to see if pigs were flying.
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Proud resident of Kent County DE
NormH3
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« Reply #29 on: January 02, 2018, 06:13:08 AM »

Well it appears DNREC has imposed restrictions within the park. This should be interesting.
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