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Author Topic: ChiTrib: "Judge upholds ban on guns in Delaware state parks, forests"  (Read 5099 times)
MarkB
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« Reply #15 on: September 13, 2017, 05:06:51 PM »

The Delaware Supreme Court heard arguments today for the lawsuit against the prohibition of carrying forearms in state parks and forests.  Decision expected within 90 days.

http://www.wboc.com/story/36358864/del-supreme-court-weighs-gun-ban-in-state-parks-forests
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« Reply #16 on: September 14, 2017, 03:09:07 AM »

Hard to say what will happen here.   The court usually will side with government officials but in 2014 did unanimously affirm the right to open carry a firearm in public as a fundimental right.
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MarkB
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« Reply #17 on: September 14, 2017, 05:36:50 PM »

Here is an article that gives a little more info on the arguments presented to the Delaware Supreme Court.

http://www.mcclatchydc.com/news/politics-government/national-politics/article173076101.html
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« Reply #18 on: September 14, 2017, 07:03:07 PM »

Brilliant logic from deputy AG Durstein (excerpted from article below)
[Justice] Valihura also pressed Durstein about an individual's right to carry a gun for self-defense, which he argued is less acute in a park tent or cabin than in a person's home. Durstein said the trade-off for banning guns is a commitment by the state to provide law enforcement in state parks.

"Your own regs state that camping is at your own risk, state forests are a public use area and there are no after-hours, nighttime or weekend security," Valihura noted.

Here's the paragraph from State Forest Regs
7.5 Camping is at your own risk. State Forests are a public use area and there is no after-hours, nighttime or weekend security. Law enforcement is provided by the Delaware State Police and DNREC should the need arise.

Paraphrased as "When seconds count, police are hours away (if they can find you at all).
« Last Edit: September 14, 2017, 07:07:28 PM by Cbmarine » Logged

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« Reply #19 on: September 15, 2017, 03:04:44 AM »

Like it has been said:  "Don't tell  me what the law is, tell me who the judge is"

Hopefully the court will use logic and the constitution to render a decision. Some people including judges just can't get past their aversion to guns and self defense.
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MarcWinkman
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« Reply #20 on: September 15, 2017, 10:39:49 AM »

If anyone is interested, the oral arguments and all briefing for this case is available on the Delaware Supreme Court's website. 
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Capnball
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« Reply #21 on: September 16, 2017, 07:38:09 AM »


"As for Plaintiffs’ concerns for self defense, the Court observes the need to respond to a threat with a firearm is diminished when firearms are prohibited in the area."

Very interesting statement from the Judge... Apparently the facts of this ridiculous concept either are not known to the Judge or are being ignored for political reasons.  The facts are that 84% of Mass Shooting Events (an event where 4 or more people were killed excluding the killer) occurred in a Gun-Free-Zone. A gun free zone is considered to be a defined area or building where citizens are prohibited from possessing firearms by force of law or by policy of the property owner. Which brings up another interesting concept - Since "the people" supposedly own the State Parks how do we legally separate ourselves from the right of self-defense on a property that we all are supposedly a part owner? We get to pay for the property and it's improvements and maintenance, but we cannot choose to protect ourselves while we are on it? Gun Free Zones should be renamed "Gun Free Killing Zones"
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SturmRugerSR9
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« Reply #22 on: September 17, 2017, 05:16:30 AM »

Have I missed something. I heard in a news broadcast that the final word would not be given until sometime in the next 90 days?
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« Reply #23 on: September 17, 2017, 07:32:04 AM »

Have I missed something. I heard in a news broadcast that the final word would not be given until sometime in the next 90 days?
It is 90 days.  This is an old thread with updates on the Supreme Court appeal
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