Town Hall @ Middletown high school

[muleman88]

I seen this morning in the news urinal there’s a town hall meeting set up by politicians 2-D 2-R  April 16th 6:30-8:30. Seats 750 people 1st come first serve. Anyone attending? After reading it certainly looks to be leaning on the left side. Then the last paragraph states De law prohibits anyone in attendance from carrying a firearm , even with a permit?? Since when is school carry with a permit illegal ?

[Cbmarine]

I seen this morning in the news urinal there’s a town hall meeting set up by politicians 2-D 2-R  April 16th 6:30-8:30. Seats 750 people 1st come first serve. Anyone attending? After reading it certainly looks to be leaning on the left side. Then the last paragraph states De law prohibits anyone in attendance from carrying a firearm , even with a permit?? Since when is school carry with a permit illegal ?

The newspaper’s statement that concealed carry in schools is prohibited by DE law is wishful thinking.
I received this vis e-mail from the DE Deputy AG back in March this year.
As luck would have it, Sean Lugg responded as I was typing this.  He seconds my analysis above, and confirms that §1457 does not bar concealed carry by permit holders in schools, even though individual schools have the authority to do so.  As you know, many schools ban all firearms, actually all weapons of any kind, and some even deploy metal detectors to enforce that prohibition.  I would think it would be prudent to ask about the policy before entering.

If you are asked to leave and don’t, you are trespassing. Quick analysis on school carry: in §1457 the applicable underlying offense is §1442 which is carrying without a concealed carry permit. Therefore, we can carry unless asked to leave. Fed law allows state permit holder to carry.

[CorBon]

And therein lies the beauty of “concealed” carry.

[Packing_Nine]

I've been thinking about the same thing myself.

Title 11, Chapter 5 states this:

§ 1442 Carrying a concealed deadly weapon; class G felony; class D felony.

A person is guilty of carrying a concealed deadly weapon when the person carries concealed a deadly weapon upon or about the person without a license to do so as provided by § 1441 of this title.

The underline is my emphasis. To be guilty of section 1442, you must both conceal the weapon and lack the license. If you do not have a weapon, clearly you cannot be in violation of section 1442. Likewise, if you have the license, as provided in section 1441, you are also not in violation of 1442.

Further down, Title 11 also states this:

§ 1457 Possession of a weapon in a Safe School and Recreation Zone; class D, E, or F felony; class A or B misdemeanor.

(a) Any person who commits any of the offenses described in subsection (b) of this section, or any juvenile who possesses a firearm or other deadly weapon, and does so while in or on a "Safe School and Recreation Zone" shall be guilty of the crime of possession of a weapon in a Safe School and Recreation Zone.

(b) The underlying offenses in Title 11 shall be:

(1) Section 1442. — Carrying a concealed deadly weapon; class G felony; class D felony.
(2) ...other offenses

I've snipped the rest of the offenses in subsection (b). You should go read them yourself to make sure you aren't planning to violate any of them. They include items such as destructive weapons, switchblade knives, knuckles-combination knives, martial arts throwing stars, and other unpleasant things. The part that concerns me is the first offense outlined in subsection (b). It is "carrying a concealed deadly weapon", as defined in section 1442. Well, we've already established that you are not in violation of 1442 if you possess a valid license as provided by section 1441. Of course, we also need to remember the "enforcement" part of "law enforcement". If the police show up, they are not "law interpretation". That job is left for the judge in court, and he or she may not read Title 11 the same way as I.

As others have already stated, if the representatives of the establishment (whether it be a school, the Christiana Mall, or any other self-professed "gun free" zone) request that you leave the premises, it is highly recommended that you do so respectfully and immediately. Don't get yourself caught up in a trespassing charge.

You should review Title 11 yourself. Here is a convenient link:
http://delcode.delaware.gov/title11/c005/sc07/

I'm not a lawyer, your mileage may vary, and these are trained professionals. Kids, don't try this at home.

[CorBon]

It’s the trespassing charge that they’ll get the mileage out of, and the resisting arrest charge that comes when you try to explain that you are perfectly within your rights to have the weapon.  However, based on the news, because you are armed or thought to be armed, that’s when they’ll shoot you 27 times. 

So, my thoughts are — if you see metal detecting devices, that’s when you need to pay attention.  If you  have to go through a cattle chute, that’s the real problem. If they are selectively wanding people, you have to consider whether or not you’re wearing a “... from my cold, dead hands...” t-shirt.

But, you’re basically right.  You could still take a ride that night, but then be released without even being charged — once they find someone that can read.

And one other thing — open-carrying while having a permit would arguably be permissible, but that’s just a lightening rod for trouble.  First off, The News Journal will be on you like white-on-rice, taking pictures of you — and that’s when the attention will shift, and people will cry about needing a safe space to go to, and so forth...

[Just Bill]

I'll see if Radnor wants to ride down........  Is that the school off 299??

[muleman88]

I'll see if Radnor wants to ride down........  Is that the school off 299??

yes I do believe the New high school is on 299.

[Radnor]

I'll see if Radnor wants to ride down........  Is that the school off 299??

Sure, I'll skip action pistol for this event.

Since they said our guns are not welcome I CAN see them setting up metal detectors (for the safety of our elected officials).
I know what the law says and concealed means concealed, but it's difficult to get around that little booth.

[FreakShow]

it's funny that i made a post about not caring about having my gun on me while driving in NJ, and people flipped out on me, but here are some crying cause they're told not to carry on school property. one side or the other, pick one.

[muleman88]

it's funny that i made a post about not caring about having my gun on me while driving in NJ, and people flipped out on me, but here are some crying cause they're told not to carry on school property. one side or the other, pick one.

1 is legal 1 is not .

[FreakShow]

my safety comes first

[Obleo]

it's funny that i made a post about not caring about having my gun on me while driving in NJ, and people flipped out on me, but here are some crying cause they're told not to carry on school property. one side or the other, pick one.

I don't see one side or the other.  Every situation is shades of grey.  I reserve the right to pick and choose depending on my attitude that day and time.  That being said Jersey and Maryland are sore spots every day.

[CorBon]

my safety comes first

I don’t think that anyone is questioning your safety.  The problem is that you are looking at two different jurisdictions with two completely different sets of laws.  In one, you have an argument to make that will most likely result in no charges or at least no conviction.  In the other, well, you’d just be their latest poster-child for the “we got another bad guy with a gun off of the streets” campaign.

[FreakShow]

right now, with the way things are they think anyone with a gun is a bad guy. we are safe for now in this state, but change is coming. don't be so sure about tomorrow

[SturmRugerSR9]

This whole gun thing boils down to one thing. the Left-Wing, Socialist/Communist have been trying to take over America for almost a 100 years. What's stopping them? An armed Citizenry. The Jews were disarmed back in the 30's and it cost 6 million of them their lives.
You can talk all you want about you little anti-gun groups walking around with signs and shouting brilliant little chants. But the big picture is what they really want. A disarmed citizenry with them in charge and America would be like any other Socialist/Communist/ Dictator regime. Stopping Hillary went a long way to stopping that. She has been a Pro-Communist person nearly her whole life. A real fan of Communist leaders, even worked for them years ago.