Author Topic: Concealed Carry in DE County Buildings & DE County Police Stations  (Read 5210 times)

Cbmarine

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In reading subparagraphs (c) and (d) below, it appears that concealed carry is permitted in any DE county jurisdiction (see d6 below) except as proscribed in Federal and DE State law. If so, the No Carry Locations sticky should not include county buildings.
TITLE 9
Counties
Provisions Affecting All Counties
CHAPTER 3. COUNTY GOVERNMENTS GENERALLY
Subchapter II. County Governments

§ 330 General powers and duties.

(c) The county governments shall enact no law or regulation prohibiting, restricting or licensing the ownership, transfer, possession or transportation of firearms or components of firearms or ammunition except that the discharge of a firearm may be regulated; provided any law, ordinance or regulation incorporates the justification defenses as found in Title 11 of the Delaware Code.
(d) Notwithstanding subsection (c) of this section, county governments may adopt ordinances regulating the possession of firearms, ammunition, components of firearms, or explosives in police stations and county buildings which contain all of the provisions contained in this subsection. Any ordinance adopted by a county government regulating possession of firearms, ammunition, components of firearms, or explosives in police stations or county buildings shall require that all areas where possession is restricted are clearly identified by a conspicuous sign posted at each entrance to the restricted areas. The sign may also specify that persons in violation may be denied entrance to the building or be ordered to leave the building. Any ordinance adopted by county governments relating to possession in police stations or county buildings shall also state that any person who immediately foregoes entry or immediately exits such building due to the possession of a firearm, ammunition, components of firearms, or explosives shall not be guilty of violating the ordinance. County governments may establish penalties for any intentional violation of such ordinance as deemed necessary to protect public safety. An ordinance adopted by the county government shall not prevent the following in county buildings or police stations:
(1) Possession of firearms, components of firearms, and ammunition or explosives by law-enforcement officers;
(2) Law-enforcement agencies receiving shipments or delivery of firearms, components of firearms, ammunition or explosives;
(3) Law-enforcement agencies conducting firearms safety and training programs;
(4) Law-enforcement agencies from conducting firearm or ammunition public safety programs, donation, amnesty, or any other similar programs in police stations or municipal buildings;
(5) Compliance by persons subject to protection from abuse court orders;
(6) Carrying firearms and ammunition by persons who hold a valid license pursuant to either § 1441 or § 1441A of Title 11 so long as the firearm remains concealed except for inadvertent display or for self-defense or defense of others;
(7) Officers or employees of the United States duly authorized to carry a concealed firearm;
(8) Agents, messengers and other employees of common carriers, banks, or business firms, whose duties require them to protect moneys, valuables and other property and are engaged in the lawful execution of such duties.
(e) For the purposes of this section, "county building" means a building where a county government entity meets in its official capacity or containing the offices of elected officials and of public employees actively engaged in performing governmental business but excluding any parking facility; provided, however, that if such building is not a county-owned or -leased building, such building shall be considered a county building for the purposes of this section only during the time such government entity is meeting in or occupying such a building.
« Last Edit: April 22, 2017, 06:45:40 PM by Cbmarine »
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Obleo

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Re: Concealed Carry in DE County Buildings & DE County Police Stations
« Reply #1 on: April 22, 2017, 07:10:47 PM »
The Kent County complex on Bay road in Dover is manned by security personnel and magnetometer screening. I asked a guard why and he replied that the building is State owned. He said that he wouldn't be there armed with a pistol if it wasn't.  So.  I'm thinking the land is either leased by the State and they are spinning that BS.  Or there are State offices buried in the building, perhaps self-help programs or the like.

Nonetheless the guard sent me back to my vehicle to leave my 2.5 inch folding pocket knife.
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Trapper

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Re: Concealed Carry in DE County Buildings & DE County Police Stations
« Reply #2 on: April 23, 2017, 04:59:46 AM »
Maybe because it is a levy court.  State buildings aren't no carry unless they are a courthouse or detention center. So, maybe that is why...


State and county buildings aren't no carry locations!


Just stop saying they are.


It is against state policy for state employees to carry. That is it! I have spoken with State Hr, State Representatives and a DAG who says state buildings are NOT prohibited to carrying a deadly weapon.



Schools require the special permission slip..
« Last Edit: April 23, 2017, 05:12:36 AM by Trapper »
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29thInfantry

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Re: Concealed Carry in DE County Buildings & DE County Police Stations
« Reply #3 on: April 24, 2017, 03:32:13 AM »
Maybe because it is a levy court.  State buildings aren't no carry unless they are a courthouse or detention center. So, maybe that is why...


State and county buildings aren't no carry locations!


Just stop saying they are.


It is against state policy for state employees to carry. That is it! I have spoken with State Hr, State Representatives and a DAG who says state buildings are NOT prohibited to carrying a deadly weapon.



Schools require the special permission slip..

But you still are not allowed to carry in the Wilmington court house though, correct?
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rikwick

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Re: Concealed Carry in DE County Buildings & DE County Police Stations
« Reply #4 on: April 24, 2017, 10:30:04 AM »
That is right, Courthouses are off limits.

Cbmarine

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Re: Concealed Carry in DE County Buildings & DE County Police Stations
« Reply #5 on: April 24, 2017, 10:40:59 AM »
...
Schools require the special permission slip..
Please illuminate. All schools? If not, which ones? Local policy?
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Trapper

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Re: Concealed Carry in DE County Buildings & DE County Police Stations
« Reply #6 on: April 24, 2017, 11:55:53 AM »
...
Schools require the special permission slip..
Please illuminate. All schools? If not, which ones? Local policy?

I stand corrected! I'm on my phone so this may get messed up and not be clear.

I know we are exempted from school zones in the federal Gun Free Zone act.


And looking at title 11, chapter 5, subsection 1457..(C) 1-3

Looks like they have made state and county buildings recreation zones, and we cannot carry there.
I'll look for more clarification on that, and perhaps persons with a ccw are also exempted from that also.


(c) For the purpose of this section, "Safe School and Recreation Zone" shall mean:

(1) Any building, structure, athletic field, sports stadium or real property owned, operated, leased or rented by any public or private school including, but not limited to, any kindergarten, elementary, secondary or vocational-technical school or any college or university, within 1,000 feet thereof; or

(2) Any motor vehicle owned, operated, leased or rented by any public or private school including, but not limited to, any kindergarten, elementary, secondary, or vocational-technical school or any college or university; or

(3) Any building or structure owned, operated, leased or rented by any county or municipality, or by the State, or by any board, agency, commission, department, corporation or other entity thereof, or by any private organization, which is utilized as a recreation center, athletic field or sports stadium.



http://delcode.delaware.gov/title11/c005/sc07/index.shtml#P1644_148372








« Last Edit: April 24, 2017, 11:59:36 AM by Trapper »
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Cbmarine

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Re: Concealed Carry in DE County Buildings & DE County Police Stations
« Reply #7 on: April 24, 2017, 06:10:08 PM »
...
I know we are exempted from school zones in the federal Gun Free Zone act.

And looking at title 11, chapter 5, subsection 1457..(C) 1-3

Looks like they have made state and county buildings recreation zones, and we cannot carry there.
I'll look for more clarification on that, and perhaps persons with a ccw are also exempted from that also.
§1457 is a moot point for us.  The applicable underlying offense is §1442, possession of a deadly weapon without a CCDW.
Just a smelly deplorable dreg of society clinging to God and guns.
New Castle County
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