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Author Topic: Looks Like DE Supreme Ct Struck Down Ban on Carry in State Parks/Forests  (Read 2005 times)
Gary Slider
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« on: December 07, 2017, 06:48:04 PM »

At least that is the way I read it. Link to Ruling

https://courts.delaware.gov/Opinions/Download.aspx?id=266310
« Last Edit: December 07, 2017, 06:49:52 PM by Gary Slider » Logged

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MarkB
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« Reply #1 on: December 07, 2017, 08:42:40 PM »

It's a long read!  However, in the beginning of the decision, the court says that the lower court decision is reversed and that the two regulations prohibiting firearms in state parks and state forests are unconstitutional.  So, it sounds to me that you can now carry in state parks, both concealed and open in compliance with state laws.
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Clarence
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« Reply #2 on: December 08, 2017, 04:07:12 AM »

Yes.  A long read.  I did get through it and was very happy that the judges were very clear that the Right to Keep and Bear Arms is a fundamental right and always has been since Delaware was established and that this is a natural right of self preservation.

This and the 2014 decision put our rights on solid ground.

It also didn't hurt that the states arguments bordered on the ridiculous as did the superior court decision that was overturned.

The dissent was interesting as they really want us to allow unelected state employees to decide how we should excercise our rights.  Also found the references to the NRA saying basically we should discount anything they work for.   Was amused to see the majority blew that off completely.
« Last Edit: December 08, 2017, 10:19:49 AM by Clarence » Logged

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leftofcenter
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« Reply #3 on: December 08, 2017, 09:21:45 AM »

Good news. Long, but interesting to read the majority and even the dissenting opinion.
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oldgraygeek
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« Reply #4 on: December 08, 2017, 05:44:47 PM »

Now it's in the News-Urinal:
"As of 4 p.m. Thursday, it is now legal to bring firearms into state parks and forests."
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JonathanG
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« Reply #5 on: December 08, 2017, 06:53:35 PM »

Yes Virginia, there really is a Santa Claus...
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Paladin4CA
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« Reply #6 on: December 08, 2017, 07:04:34 PM »

Quote
Gun ban in Delaware state parks is unconstitutional, high court rules



Delaware Supreme Court justices have ruled that a weapons ban in Delaware’s state parks and forests is unconstitutional.

As of 4 p.m. Thursday, it is now legal to bring firearms into state parks and forests. Since the 1960s, a ban on firearms has prohibited people, even those with a permit, to carry a concealed, deadly weapon on thousands of acres of state-owned parks.

A similar ban concerning state forests followed in the 1970s. Those rules did include exceptions for hunting, which did not apply to people carrying concealed weapons for self-defense.

<snip>

The court’s recent decision was a close call. Justices ruled 3-2 Thursday to reverse the Superior Court’s ruling to uphold the ban, which is based on Delaware Department of Natural Resources and Environmental Control and Department of Agriculture regulations.

<snip

The justices wrote in their decision that state agencies had no authority to pass regulations that contradict residents’ rights under the state Constitution and that “the regulations completely eviscerate a core right to keep and bear arms for defense of self and family outside the home – a right this court has already recognized.”

The justices cited a previous case involving the Wilmington Housing Authority, when the organization tried to prohibit residents from carrying guns in common areas of its facilities. The state Supreme Court ruled in 2014 to overturn that ban.

<snip>

While updated permit counts were not immediately available, Department of Justice spokesman Carl Kanefsky said 8,522 people applied for a permit or permit renewal in 2016 – marking a 188 percent increase in applications from the previous year.
More at: http://www.delawareonline.com/story/news/local/2017/12/08/gun-ban-delaware-state-parks-unconstitutional-high-court-rules/934091001/
« Last Edit: December 08, 2017, 07:31:11 PM by Paladin4CA » Logged

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Cbmarine
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« Reply #7 on: December 08, 2017, 08:33:04 PM »

Having slogged through the Majority opinion and skimmed the Minority dissent, the Majority argued that the DNREC & DOA regs violate Section 20 of the DE Bill of Rights. The Minority asserted that the 40 year regs hadn't been challenged before, and therefore shouldn't be challenged now.  The only cogent dissent is that camping parties with alcoholic drinking occur in the forest areas and a situation could arise.  
My favorite dissent line is this:
It also comes with some chutzpah for the Judiciary, which works in a place where firearm possession is denied to all but security staff, to demand that generations of seasoned administrators parade social science research supporting their common sense determination that our Parks and Forests will be safer if they are as free as possible from the presence of deadly force. In other words, the dissenters are inherently smarter than everyone else and shouldn't have to prove their case. (The Majority did quote the 'camp at your own risk' clause in the reg).

If I understand the original case, the Boyces et al wanted to conceal carry in the State parks and forests.  The Superior Court said no but the Supreme Court opened up those areas to all persons not prohibited.

« Last Edit: December 08, 2017, 08:34:37 PM by Cbmarine » Logged

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Clarence
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« Reply #8 on: December 08, 2017, 08:47:10 PM »

I love this smackdown by the majority regarding the minority's put down of the NRA:

LMAO on this:

"159 As to our dissenting colleagues, we ignore many of their comments suggesting that any law, constitutional provision, or decision announcing or upholding the rights to keep and bear arms -- including Section 20, Doe, and Heller -- must be discounted as the product of a politically motivated, NRA-driven agenda. But we do pause to observe that the dissent’s approach -- were it to have been the law -- would have troubling implications beyond this case. If, as they posit, agency regulations (such as those eviscerating fundamental Section 20 rights) are immune from any constitutional scrutiny, what principles could the Court then invoke if an agency were to ban the press from open meetings, or limit political or other speech in such areas?"
« Last Edit: December 08, 2017, 09:19:35 PM by Clarence » Logged

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groundgrid
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« Reply #9 on: December 08, 2017, 10:27:07 PM »

We all need to send Francis Pileggi a thank you card. This is the second time that he has successfully defended our rights in front of the state supreme court. Maybe he'll do the same in a SCOTUS case some day.

Let's schedule a picnic in one of the parks come spring time.

Think I just may take the dog out for a long walk in Brandywine Creek State Park this weekend.
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oldgraygeek
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« Reply #10 on: December 09, 2017, 05:43:51 AM »

Let's schedule a picnic in one of the parks come spring time.

Fantastic idea.
Even better: let's do it sometime soon, gather together as many people as we can, and invite the News-Journal to cover it.
Mrs. OGG and I are definitely there...
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JonathanG
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« Reply #11 on: December 09, 2017, 07:38:27 AM »

Let's schedule a picnic in one of the parks come spring time.

Fantastic idea.
Even better: let's do it sometime soon, gather together as many people as we can, and invite the News-Journal to cover it.
Mrs. OGG and I are definitely there...

I'd try and be there as well.
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Just Bill
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« Reply #12 on: December 09, 2017, 07:51:00 AM »

Keep in mind, folks, we were one vote short of losing this one.  The way things go in the Peoples Republic of DE, that could change on something as important.  Be vigilant!!!
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Clarence
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« Reply #13 on: December 09, 2017, 09:01:59 AM »

Keep in mind, folks, we were one vote short of losing this one.  The way things go in the Peoples Republic of DE, that could change on something as important.  Be vigilant!!!
Good point Bill. Current court is 3 Democrats 2 Republicans.  

Karen Valihura, Republican wrote the order and was joined by Gary Traynor, Republican and James Vaughn, Democrat.

The Constitution of Delaware requires this split by party so with Democrats holding the majority of voter registration, it must be 3-2.  That means that if a Republican retires she/he must be replaced with a Republican irregardless of which party is in power.  If not for this we would have five Democrats.   Lucky for us Vaughn is a conservative Democrat.

Justice Karen Valihura wrote for the majority and it is a masterpiece.  She has a great understanding of how our rights have developed and how we got to where are today.




« Last Edit: December 09, 2017, 02:29:22 PM by Clarence » Logged

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SturmRugerSR9
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« Reply #14 on: December 09, 2017, 02:35:52 PM »

When it comes to carry rights, an inch is as good as a mile. One vote majority is a win. I'll take it.
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