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Author Topic: JUDGE CLARK SAYS DNREC'S RULES UNCONSTITUTIONAL  (Read 1315 times)
SturmRugerSR9
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« on: October 12, 2018, 06:47:10 AM »

Take that DNREC.  Judge Clark rules DNREC's regulations against carrying "other than hunting firearms" in state parks and forest are against the right to carry of Delaware Constitution and the US Constitution.


I personally believe there is nothing in the Delaware or US Constitution that provides for DNREC. Abolish DNREC!
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I'D RATHER HAVE A GUN IN MY HANDS, THAN A COP ON THE PHONE!

I reserve the right to not be perfect.

PROTECT THE 2ND AMENDMENT!

DECCW Permit Holder
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Kent County
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I cling to my GOD and my Gun
Gary Slider
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« Reply #1 on: October 12, 2018, 11:13:50 AM »

Link to ruling.

http://www.handgunlaw.us/documents/agopinions/DESuperiorCtStatePark_ForestCarry.pdf
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Gary Slider

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Cbmarine
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« Reply #2 on: October 12, 2018, 04:39:11 PM »

The camping areas restriction was dropped.  In a discussion with a Deputy AG during the comment period, I had unsuccessfully argued that the camping areas were temporary residences and that the restriction left campers vulnerable.  I am familiar with Lums Pond where many campsites including the yurts are near heavily vegetated areas allowing a close approach without detection.  The judge struck the camping areas restriction and also struck the requirement to produce the carry permit upon request since it didn't require a reasonably articulable suspicion.
« Last Edit: October 12, 2018, 08:27:03 PM by Cbmarine » Logged

Smelly deplorable dreg of society clinging to God and guns
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Clarence
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« Reply #3 on: October 12, 2018, 07:22:12 PM »

Here is the actual opinion.  Thank God that Delaware has such a strong constitutional article. https://courts.delaware.gov/Opinions/Download.aspx?id=279720
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DE PA VA AZ FL ccw. NRA Life Member.

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Just Bill
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« Reply #4 on: October 17, 2018, 03:32:47 PM »

I heard on the radio today that denrec has already adopted new no gun areas.  They simply are not paying attention.  I guess they figure their pockets are deeper than ours, and I suspect they are right.  Since they are us.

Bill
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NormH3
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« Reply #5 on: October 22, 2018, 08:02:59 AM »

I heard on the radio today that denrec has already adopted new no gun areas.  They simply are not paying attention.  I guess they figure their pockets are deeper than ours, and I suspect they are right.  Since they are us.

Bill

Rules and laws are two different things. Seems to me that the worst that could happen is that a person carrying would be asked to leave.
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Cbmarine
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« Reply #6 on: October 22, 2018, 11:18:49 AM »

I heard on the radio today that denrec has already adopted new no gun areas.  They simply are not paying attention.  I guess they figure their pockets are deeper than ours, and I suspect they are right.  Since they are us.

Bill
Judge Clark's ruling is dated October 11, 2018. delawarepublic.org reports on Oct 15 that:
DNREC has 30 days from the decision to file an appeal. The agency says it is reviewing the courtís decision.
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Smelly deplorable dreg of society clinging to God and guns
New Castle County
SturmRugerSR9
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Made in America


« Reply #7 on: October 23, 2018, 07:23:35 AM »

Nowhere in the Delaware Constitution does it mandate a Department of Natural Resources. It is a Political Subdivision enacted by the Delaware Democratic Legislature. They make up laws and regulations with no approval by the taxpayers or Legislature. No one in the leadership of DNREC is elected "by the people". In my world they are an illegal regulatory entity.


Speaking of unconstitutional entities. Another such entity is the Delaware State Education Association. Who elected them? Nobody.

Yet, they make laws and regulations that apply to our taxes schools, and children with out our input.
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I'D RATHER HAVE A GUN IN MY HANDS, THAN A COP ON THE PHONE!

I reserve the right to not be perfect.

PROTECT THE 2ND AMENDMENT!

DECCW Permit Holder
Former PA (non-resident) Permit Holder
NRA Member
USAF Vietnam Era Veteran
Kent County
Christian/Conservative
I cling to my GOD and my Gun
Clarence
Life Member
*****
Posts: 1076


Liberty and Independence


« Reply #8 on: November 17, 2018, 12:54:13 PM »

I heard on the radio today that denrec has already adopted new no gun areas.  They simply are not paying attention.  I guess they figure their pockets are deeper than ours, and I suspect they are right.  Since they are us.

Bill
Judge Clark's ruling is dated October 11, 2018. delawarepublic.org reports on Oct 15 that:
DNREC has 30 days from the decision to file an appeal. The agency says it is reviewing the courtís decision.

Do we know if this was appealed?
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DE PA VA AZ FL ccw. NRA Life Member.

For slavery fled, O glorious dead, When you fell in the foggy dew.
Tandem
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« Reply #9 on: December 14, 2018, 06:27:30 PM »

Any updates?  Did DNREC comply?
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