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Author Topic: Battery Park in New Castle Concealed Carry Yay or Nay  (Read 777 times)
coolwrld
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« on: June 10, 2017, 04:48:13 AM »

Searched the forums and didn't see anything specific to Battery Park.  I know its not a state park but I thought it was a New Castle County park.  However, it doesn't seem to be listed as a New Castle County Park on that website so is it just a city of New Castle park and if so is it off limits for concealed carry?

As a side note when trying to determine whether or not Battery Park was a New Castle County park I came across this county code

Sec. 24.01.014. - Possession of certain knives; discharge of weapons.
No person shall carry a knife upon his or her person having a blade three (3) inches or longer in length or have possession of or discharge a BB gun, air rifle, pistol, firearm, paint ball gun, bow and arrow or any other type of lethal weapon in any park.

When I read this the part I have bolded seems to imply that possession of a gun in a New Castle County park is a code violation.  Am I reading this correctly?

I found the code reference here - https://library.municode.com/de/new_castle_county/codes/code_of_ordinances?nodeId=PTIICO_CH24PARE_S24.01.014POCEKNDIWE
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29thInfantry
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« Reply #1 on: June 10, 2017, 07:34:41 AM »

Carry and carry responsibly and you will never have a problem.  I do have a friend that I go to church with that is a LEO we have talked about this park carry.  While he has said it is highly unadvised to carry in a state park county parks are ok to carry in.  There was just a little while ago a man robbed at gun point in Glasgow park that park is very large I know quite a few people that have CCW that carry when they go to Glasgow or Battery park.  DE CCW affords us many other privileges such as carrying larger knives and collapseable batons. 
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coolwrld
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« Reply #2 on: June 10, 2017, 07:54:45 AM »

Agreed. But that's the thing I know state parks are supposed to be off limits.  And according to what I read in New Castle County code it would seem that even county parks are questionable.  However, I don't believe Battery Park is a state or county park as I do not find it listed on either website as a identified park.  So if that is the case I'm assuming it is actually a city park that would fall under the city of New Castle (I guess) laws and codes.  Since the city of Newark has some goofy questionable laws regarding concealed carry is anyone aware of similar scenarios for the city of New Castle?
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JonathanG
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« Reply #3 on: June 24, 2017, 02:40:13 PM »

This particular park is a bit tricky. In the attempt to sort this out, I put in a Freedom of Information request to the Town of New Castle about a year ago. For all intents and purposes, Battery Park seems to operate as a public park. The Town of  New Castle Police Department patrols the area and issue tickets for violations. However, the park lands seem to be owned and managed by The Trustees of the New Castle Common which is a non profit organization first incorporated in 1764 and reincorporated by the Delaware Assembly in 1792. The Trustees of the New Castle Common is a completely separate entity from the Town of New Castle.

 I'm not a lawyer, so I can't decode exactly how this all pans out for public versus private lands. The prohibition against firearms isn't an official ordinance by the Town of New Castle, but, rather, a rule voted into place by a private, non governmental, non profit agency, board of trustees. The best I can determine is that because it isn't an ordinance or law, it seems to be just another "no guns sign" without force of law.
 
However, because the property seems to considered private property, open to the public, one could be asked to leave if they were discovered to be carrying, or one could be charged with criminal trespass.  I got exactly ZERO cooperation from the either the New Castle County Police Department or the New Castle County Town Hall.  Each referred me to the other which resulted in me filing the Freedom of Information Request. To the best I can determine, there doesn't appear to be any force of law behind the "rule" posted at the park. Once again, I'm not a lawyer...
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29thInfantry
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« Reply #4 on: June 24, 2017, 06:52:38 PM »

This particular park is a bit tricky. In the attempt to sort this out, I put in a Freedom of Information request to the Town of New Castle about a year ago. For all intents and purposes, Battery Park seems to operate as a public park. The Town of  New Castle Police Department patrols the area and issue tickets for violations. However, the park lands seem to be owned and managed by The Trustees of the New Castle Common which is a non profit organization first incorporated in 1764 and reincorporated by the Delaware Assembly in 1792. The Trustees of the New Castle Common is a completely separate entity from the Town of New Castle.

 I'm not a lawyer, so I can't decode exactly how this all pans out for public versus private lands. The prohibition against firearms isn't an official ordinance by the Town of New Castle, but, rather, a rule voted into place by a private, non governmental, non profit agency, board of trustees. The best I can determine is that because it isn't an ordinance or law, it seems to be just another "no guns sign" without force of law.
 
However, because the property seems to considered private property, open to the public, one could be asked to leave if they were discovered to be carrying, or one could be charged with criminal trespass.  I got exactly ZERO cooperation from the either the New Castle County Police Department or the New Castle County Town Hall.  Each referred me to the other which resulted in me filing the Freedom of Information Request. To the best I can determine, there doesn't appear to be any force of law behind the "rule" posted at the park. Once again, I'm not a lawyer...

I might be wrong here but to be charged with criminal trespass you have to refuse to leave the property.

Delaware Criminal Trespassing Laws

821. Criminal trespass in the third degree; a violation.

A person is guilty of criminal trespass in the third degree when the person knowingly enters or remains unlawfully upon real property.

Criminal trespass in the third degree is a violation.

822. Criminal trespass in the second degree; unclassified misdemeanor.

A person is guilty of criminal trespass in the second degree when the person knowingly enters or remains unlawfully in a building or upon real property which is fenced or otherwise enclosed in a manner manifestly designed to exclude intruders.

Criminal trespass in the second degree is an unclassified misdemeanor.

823. Criminal trespass in the first degree; class A misdemeanor.

A person is guilty of criminal trespass in the first degree when the person knowingly enters or remains unlawfully in a dwelling or building used to shelter, house, milk, raise, feed, breed, study or exhibit animals.

Criminal trespass in the first degree is a class A misdemeanor.
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JonathanG
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« Reply #5 on: June 24, 2017, 07:15:18 PM »

I may have not been clear in my earlier response. What I meant to convey was if one is discovered carrying in Battery Park, one could be asked to leave and one would have to do so or risk a criminal trespass charge.
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SturmRugerSR9
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« Reply #6 on: June 25, 2017, 05:44:00 AM »

Got it.
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