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Author Topic: Looks Like DE Supreme Ct Struck Down Ban on Carry in State Parks/Forests  (Read 838 times)
topper
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« Reply #15 on: December 10, 2017, 04:49:42 PM »

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.

Count me in.
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Laws that forbid the carrying of arms…disarm only those who are neither inclined nor determined to commit crimes…
Clarence
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« Reply #16 on: December 10, 2017, 07:31:40 PM »

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.

Count me in.

According to the dissenters, it's going to be a wild picnic:

"The Regulations serve an important governmental purpose and do not burden appellants’ Section 20 rights more than necessary. When people come together in Parks and Forests for games and recreation, emotions can run high. When folks camp, they sometimes drink,24 including at events within the Parks like beer and wine festivals.25 When folks drink and carouse, they sometimes get jealous and angry. When folks play or attend sporting events, spirits run high and sometimes out of control. When folks get emotional around guns, things can get dangerous fast. When folks camp, there are no gun lockers, and they are near other visitors.26 There are no natural boundaries in Parks and
Forests signaling areas where park-goers can find safety from gunfire or natural barriers that stop flying bullets or arrows. These and other common sense reasons support the decisions of generations of governors and cabinet secretaries that the Regulations advance the public purposes served by our Parks and Forests, and facilitate the safe enjoyment of these public spaces by families and children."

It is laughable except this was actually written by Leo Strine, Chief Justice of the State of Delaware, and he actually thinks like this.   Scary
« Last Edit: December 10, 2017, 07:45:12 PM by Clarence » Logged

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NormH3
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« Reply #17 on: December 10, 2017, 08:05:35 PM »

Maybe they should ban "games and recreation" from parks. Seems they are the problem.
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topper
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« Reply #18 on: December 13, 2017, 04:32:58 PM »

Maybe they should ban "games and recreation" from parks. Seems they are the problem.

Maybe they should ban people!
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Laws that forbid the carrying of arms…disarm only those who are neither inclined nor determined to commit crimes…
Clarence
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« Reply #19 on: December 14, 2017, 04:20:29 AM »

Looks like Governor Carney is looking for a way around this.  http://delawarepublic.org/post/delaware-supreme-court-rules-end-state-parks-gun-ban

It's obvious he never even read the decision as he mentioned the 2nd Amendment.  This decision is of course based on Article 20 of the State Constitution.

The dissenters in the decision made a bizarre assertion that Article 20 was somehow invalid because back in the 1980's the NRA pushed for it.  This is a disturbing idea to come from a Chief Justice.  Thank God this was a minority opinion and carries no weight.  

But the implications of this type of thinking are disturbing to our system of jurisprudence and a threat to the people's democratic right to form grass root organizations for political change. Even "liberals" should see that this could cut both ways
« Last Edit: December 14, 2017, 02:37:09 PM by Clarence » Logged

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For slavery fled, O glorious dead, When you fell in the foggy dew.
groundgrid
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« Reply #20 on: December 28, 2017, 02:26:43 PM »

New (temporary) regulations have been issued:

http://www.dnrec.delaware.gov/Info/Documents/Secretarys-Order-No-2017-P-0030.pdf

In short:
Delaware resident + CCDW permit= carry wherever you want to. Just show your permit.
Everyone else can't carry in the specifically designated areas which must be posted as such.
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Clarence
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« Reply #21 on: December 28, 2017, 02:59:40 PM »

Outrageous!!    I guess we will be back in court.  Looks like out of state residents can't carry and they think that gun carriers need to be background checked.  Wow.  Did they read the decision? What part of the words
"Fundamental right" do they not understand?

They put this through as an "emergency" rule.  Are you kidding?  Law abiding citizens excercising their God given rights is an "emergency"? Wow
« Last Edit: December 29, 2017, 04:10:38 AM by Clarence » Logged

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For slavery fled, O glorious dead, When you fell in the foggy dew.
563jack
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« Reply #22 on: December 28, 2017, 04:01:14 PM »

Everything I read said that as long as I have a current carry permit I can CCW in any Delaware park or forest. Reading the emergency park rules and just for clarification, do I need to go to the office show my permit then I'm allowed to walk the park, or can I walk the park and not worry about showing my permit unless I'm asked to by a LEO? Who has the right to ask to see my permit? I kind of got the impression that I won't have to do anything unless I'm approached by a LEO. Or maybe I need to read more. On a side note let me know when the party starts at the park. Count me in. Lums Pond sounds like a nice place to do this, with maybe a follow up at Killens than Seashore parks or Trap Pond..
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Cbmarine
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« Reply #23 on: December 28, 2017, 05:07:28 PM »

New (temporary) regulations have been issued:

http://www.dnrec.delaware.gov/Info/Documents/Secretarys-Order-No-2017-P-0030.pdf

In short:
Delaware resident + CCDW permit= carry wherever you want to. Just show your permit.
Everyone else can't carry in the specifically designated areas which must be posted as such.
Not entirely.  This para in F&W regs is unchanged
8.3.4.2   It shall be unlawful for any person to possess a rifled firearm of any description at any time on those lands bordering the Chesapeake and Delaware Canal and licensed to the Department by the Government of the United States for wildlife management purposes, except that muzzleloaders and shotguns with rifle barrels may be used during deer seasons when it is lawful to use those firearms.
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topper
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« Reply #24 on: December 28, 2017, 09:19:03 PM »

21.1.4   Delaware residents holding an active current license to carry a concealed deadly weapon may carry a firearm within areas administered by the Division, including designated areas upon showing the license to Parks authorities.

21.1.7   Any person possessing a firearm shall display identification upon entry and upon request, sufficient to enable a law enforcement officer to undertake a background check.


My question is, do we have to show our license to park personal and then wait for law enforcement to arrive and show it to them and wait for them to do a background check?
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Laws that forbid the carrying of arms…disarm only those who are neither inclined nor determined to commit crimes…
Cbmarine
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« Reply #25 on: December 29, 2017, 03:43:00 AM »

...
21.1.7   Any person possessing a firearm shall display identification upon entry and upon request, sufficient to enable a law enforcement officer to undertake a background check.

My question is, do we have to show our license to park personal and then wait for law enforcement to arrive and show it to them and wait for them to do a background check?
The key word is “sufficient”. Our permits are sufficient by definition; the State issued them as our ID. Verification by LEO is not required.

Also regarding “on entry”, I have found that Lums Pond entry stations are usually unstaffed. Based on the numbers I have seen, we represent 1 out of 1000 DE residents. I expect that any attendant will not have us
on their radar. This year, I plan to buy a senior park pass and will display both cards “upon entry” if there is anyone to notice.
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"Good judgment comes from experience, and a lot of that comes from bad judgment." - Will Rogers
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Just Bill
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« Reply #26 on: December 29, 2017, 05:58:26 AM »

So as I unerstan this, you have to wear a sign that says, "I HAVE A GUN"...before you can carry that 'concealed' firearm?Huh  Do these politicians take brilliant pills every morning???  And we will be so much safer, having 'no gun' zones where all the people are.

Bill
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