FILING!

[FreakShow]

i'm a visual type of person, i need to find some pictures to really see what you guys are talking about the o'clock's

[Hawkeye]

i'm a visual type of person, i need to find some pictures to really see what you guys are talking about the o'clock's

Think of your waist as a clock. 12 is your front, 3 your right side and so forth. So when someone says 4 or 5 O'clock, that usually is right behind the right side of their waist.

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[MarkB]

Think about this way: If you look down from above your head, put the "12" of a clock at your belt buckle and the "6" of a clock at your butt.  Then 3 o'clock is at your right hip and 9 o'clock is at your left hip.  Not to confuse, but the numbers are reversed if you are left handed: 3 o'clock for a right handed person is 9 o'clock for a left handed person.

[FreakShow]

Thanks Gents. For my holster i'll be doing 9 o'clock, for a belly band i'll be doing 3.. Lefty here

[topper]

i'm a visual type of person, i need to find some pictures to really see what you guys are talking about the o'clock's

Think of your waist as a clock. 12 is your front, 3 your right side and so forth. So when someone says 4 or 5 O'clock, that usually is right behind the right side of their waist.

I have a digital clock.

[CorBon]

Think about this way: If you look down from above your head, put the "12" of a clock at your belt buckle and the "6" of a clock at your butt.  Then 3 o'clock is at your right hip and 9 o'clock is at your left hip.  Not to confuse, but the numbers are reversed if you are left handed: 3 o'clock for a right handed person is 9 o'clock for a left handed person.

Clockwise is always clockwise -- and three o'clock is always three o'clock. If this is confusing, go look at ANY analog clockface. 

[Radnor]

Most people will recommend that you carry concealed while at home in the house to get use to the change in weight.

I missed it in the Delaware code where it states you can CC on you own property w/o a license to do so.

You are asking this gent to commit a FELONY.

[SturmRugerSR9]

What would be the difference in having the gun in a drawer, or on your waste under a shirt? In both cases the gun would be concealed, but note I said "In your house".

[FreakShow]

or in a safe. i have my guns in their cases with two mags, each filled

[CorBon]

§1442 specifically includes "... carrying a concealed deadly weapon when the person carries concealed a deadly weapon upon or about the person ..."

The "upon or about" phrase is where it starts spinning out of control.  I think that the location question could come down to whether the weapon was "easily discoverable through routine police investigation techniques", as in Robertson.  Also, Dubin may color the location to include "immediate availability and accessibility of the weapon" and whether the person would have to "appreciably change his position in order to reach [the] weapon." 

So, if you are sitting on your couch next to and end table with a drawer, and for some reason have the cops routing through your stuff whilst you sit next to the aforementioned drawer, or were sitting next to it at some point in their presence, there could be a question of concealment.

Your particular facts will probably matter more, but I think that having the weapon locked in a safe would remove the possibility of being concealed, and the drawer question would definitely come down to your situation and facts.   

And try keeping the cops out of your living room.

[MarcWinkman]

What would be the difference in having the gun in a drawer, or on your waste under a shirt? In both cases the gun would be concealed, but note I said "In your house".

Delaware law as interpreted and applied by our state Supreme Court specifically allows one to carry a concealed weapon in the home.  In 2012, the Supreme Court sitting en banc unanimously decided that a person may carry a concealed weapon in their abode or on their business property.  Importantly the Court stated that an individual has a strong interest in carrying a concealed weapon for the purpose of self defense in their home and that it is "unreasonable to restrict the manner in which one can carry a legal weapon from room to room within one's home."  See, Griffin v. State. 47 A.3d 487 (Del. 2012).  The holding in Griffin specifically allows for concealed carry WITHIN the home.  This case also applies to one's place of business in limited circumstances as well. 

Things change greatly, however, when the weapon is carried OUTSIDE the home and you are subject to prosecution under Title 11 of the Delaware Code.  See Dickerson v. State. 975 A.2d 791 (Del. 2009).  In that case, the State Supreme Court, assumed without specifically finding that a "home possession" exception exists, however, because the defendant there voluntarily left the "four walls" of his home, the exception no longer applied and he could therefore be arrested, prosecuted, and convicted (upon proper evidence) of Carrying a Concealed Weapon without a valid license.  The key to losing the "home possession" exception is VOLUNTARILY leaving the four walls of your home. 

So, there's your free legal advice for the day and a clarification of whether one can carry INSIDE their home...just don't leave the physical confines of the inside of your home (i.e. don't walk out into your drive way, into your yard, out to your mailbox, etc.)

And here's a link to the State Supreme Court decisions on the Court website (have the actual legal citations above).

Dickerson v. State ("Home Possession" lost once you voluntarily leave the physical confines of your home):
http://courts.state.de.us/Opinions/Download.aspx?id=123280

Griffin v. State (deciding that Delaware recognizes a "Home Possession" exception to 11 Del. C. s. 1441 licensing requirement):
http://courts.state.de.us/Opinions/Download.aspx?id=174080






 

[MarcWinkman]

P.S. I'm not trying to come across as snarky or indignant, just trying to clarify what is a fairly common misconception that Delaware requires one to have a CCDW permit even to carry WITHIN the home.

[FreakShow]

DING, we have a winner^^^

[SturmRugerSR9]

If it is concealed whether in a drawer or you body, how would they know if you are carrying inside your home, and they have no legal reason to be there.

[MarcWinkman]

If it is concealed whether in a drawer or you body, how would they know if you are carrying inside your home, and they have no legal reason to be there.

The point is more that there is a lot of misinformation out there in regard to operation of certain aspects of the law.  Insofar as carrying in the home there should be no reason that an individual would have an issue unless it were within the context of police going to the individual's house to investigate a complaint.