Exactly what does our DECCW exempt us from?

[Libertarian5]

Since the passing of the unconstitutional gun laws I would like to know what we are exempt from? For both PA and DE CCW.

[Oaklandopen]

exempt in terms of what? your ccw doesn't give you a pass to purchase any of the banned weapons since they can't even be sold in the first place. im not even sure you can transfer the existing ones at all, even to family. basically, if the law stays in place anyone who owns the banned weapons beforehand is the LAST owner of said banned weapon

[Libertarian5]

That's what I am trying to figure out. I would be able to purchase a rifle in PA without issue. Semi auto pistol if I purchase out of state needed transfered. Would I now be blocked from purchasing a AR or AK in PA because I live in DE?

[Oaklandopen]

ccw or not we are not supposed to have any of the banned weapons in delaware. if you are grandfathered in you also shouldn't even leave the state and come back with it, ie going to a PA range with your DE purchased AR with detachable mag. there's another thread talking about not even needing probable cause for a cop to pull you over after leaving one state to come back to de in order to search your vehicle specifically for a banned weapon

also, even being grandfathered in it seems like a hassle to even go to any delaware range with a currently banned weapon. although that would be grounds for a lawsuit, idk who is ready to go through that process.

lets just hope current lawsuits help to get these laws passed over the summer removed

[Clarence]

exempt in terms of what? your ccw doesn't give you a pass to purchase any of the banned weapons since they can't even be sold in the first place. im not even sure you can transfer the existing ones at all, even to family. basically, if the law stays in place anyone who owns the banned weapons beforehand is the LAST owner of said banned weapon

Here is the law:  HB 450

https://legis.delaware.gov/json/BillDetail/GetPdfDocument?fileAttachmentId=572042


Line 185:  It looks to me that you may bequeath the weapon at death but you may not transfer it to anyone except law enforcement or a licensed gun dealer.

As for transport, lines 215 to 223 seem to indicate that you can transport for several reasons including going to the range. Whether returning from an out of state range would be covered or if you would be in jeopardy of being charged with “importing” the weapon is a matter that is unclear.  The exemption for transporting to a range does not state that it must be a range in Delaware nor does the ban on importing into the state have an exemption for taking to a range.

I guess ultimately it would be up to a jury.

In that convicted felons are already banned from possession, this law is solely directed at law abiding gun owners.  This is by design and I am quite sure they would be thrilled to trip up an unsuspecting law abiding gun owner and put them in prison.  Obviously this is their goal.

I would refrain from transporting any such firearm until this is settled in court. 

[Libertarian5]

Thanks for the info. Sucks because I am a member at a range in PA 5 minutes from my home but because it's PA I don't want to take that change. I guess it's just pistol shooting until this mess is fixed.

[Just Bill]

But Clarence, The AG does not prosecute 90% of violent gun charges, so a law-abiding citizen has a better chance of landing in jail than a bad guy.  Sad commentary.  I hope voters are angry enough to make the change to Murray.

It exempts you from being killed by a bad guy, if you practice!!

[MarcWinkman]

The only exemption that our CCW permit gives us is from the magazine capacity limitation (i.e. you can keep and obtain magazines with capacity over 17 rounds).  Having said that, there's not many places that are shipping magazines over 17 rounds into Delaware. 

Insofar as the purchase of an AR or other restricted long gun in, for example PA and bringing it into DE, the short answer is DON'T DO IT!  Long form of that is that doing so would be considered importation. 

With respect to the restrictions relating to the keeping/using/transportation of already owned firearms that are now restricted, I would avoid taking said firearm from your Delaware residence to an out of state range.  See the importation concern in the above point.  Also keep in mind that if there were a vindictive cop, that observes you leaving a just over the state line range, they can stop you upon reasonable and articulable suspicion that you have engaged in, are actively engaging in, or are about to engage in unlawful activity.  Transporting a restricted weapon from out of state into DE even if it originated here, can technically be considered unlawful importation of a restricted weapon.  Yes I personally know of a number of officers and deputy AG's that would make this argument.

For a quick real world example, I have a client right now who was stopped by police for a traffic ticket that led to an arrest for  three counts of carrying a concealed deadly weapon without a license and possession of a destructive weapon/device (a silencer in this case).  My client had just moved to Wilmington from Concordville, PA, had paid for an ATF permission slip for the silencer while residing in PA and my client has no prior criminal history aside from some moving violations.  This case is likely going to be referred to the U.S. Attorney for the District of Delaware on the silencer since there was apparently no permission from the ATF to move the storage location from PA to DE, so he'll have that to deal with in addition to the Delaware charges under Title 11.  Bottom line, if you're not certain about whether you can do something under the laws that regulate firearms, DON'T.  Something to keep in mind about the new laws that were passed is that they are new! Someone will have to be the prosecutive Guinea pig with respect to testing the application of the new laws.  Don't be that guy/gal.

[Oaklandopen]

I'm not a lawyer, but looking carefully at the final bill it seems that if you lawfully possessed newly illegal weapons before the enactment you can in fact take them to an off of state range

Line 165-167
(a) prohibitions - except as provided in subsection (b) or (c)  of this section,  it is unlawful for a person to do any of the following:
(1) transport a weapon into the state

Line 204
(c) exceptions
Line 216
(3) a prison who lawfully possessed,  or completed the purchase of an assault weapon prior to [effective date of this act], may possess and transport the assault weapon on or after [effective date of this act] only under the following circumstances:
Line 221
b. While on the premises of a shooting range

Line 225
d. While transporting the assault weapon between any of these places set forth in this paragraph (c) (3) of this section...... if the person places the assault weapon in secure storage


To me that reads if you are in lawful possession,  and you drive from your home in delaware to, for instance, TSS in PA with it secured in your vehicle,  then right back to your home in delaware,  with no stops in between,  you'd be fine to do so

It also seems like you could go from your residence to another's residence,  even outside of the state,  as long as you have permission from the other person to do so. So if you have a buddy with lots of land in PA that you might want to shoot on you'd be fine in that instance as well

Again,  I'm not a lawyer and it's a lot to decipher,  but to me that's what it looks like

Of course, that all accounts for states like PA to not have its own bans in place,  like delaware's other border into Maryland

[Clarence]

I think you are right.  Probably win in court if you were to be arrested.  There is a gun range down here  ( near Gumboro) that actually fronts a road that IS the state line.  (Maryland)

[8thFA]

I've gone to Ommenlanden with 'banned weapons' and they don't give two shits.  Just have the bolt to the rear and no steel ammo and they are good.  To be honest, I've been told the cops don't care and the ranges dont' care.  Nobody cares but these @@@ hat politicians. 

[Oaklandopen]

That's good to know.  I was worried that since omie is state-run they might have briefed their employees and deputized them to snitch

[Clarence]

I've gone to Ommenlanden with 'banned weapons' and they don't give two shits.  Just have the bolt to the rear and no steel ammo and they are good.  To be honest, I've been told the cops don't care and the ranges dont' care.  Nobody cares but these @@@ hat politicians.

The problem with that is although MOST cops are decent rational human beings there exists a small subset of woke hotshots who would like nothing more than to bust you down so they can go home and brag off to their significant other that they stopped a potential mass shooter.