Posted: 6/23/2013 8:21:37 PM EDT
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Hello fellows, I will be visiting the Hockessin Area in late July. I have a Carry permit and i know DE doesnt reciprocate with PA and thats not really a problem. My question is this. I will have a handgun on my person all the way to the state line. Can I bring it into the state in a case and unloaded in my trunk?? |
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To answer your specific question: Yes, you can bring it into the state in a case unloaded in the trunk.
Delaware is an open carry state. If you wanted to switch from concealed to open carry, at the state line, you may do so. The handgun must be in plain view...dashboard, front seat, etc. If you have any questions about open carry ask away. |
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Ok, so an out of state resident can OC? I will be at a family function and dont need to carry there. I want to be armed while travelling. The town I am going to is right across the border, so I wont need to be without my weapon very long. Here is my plan if legal: Carry my gun in my CC holster while in PA. before Crossing the border into DE and place my weapon in a case with the mag removed, on my backseat, while travelling in your state. Is that legal? |
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Quoted:
Ok, so an out of state resident can OC? I will be at a family function and dont need to carry there. I want to be armed while travelling. The town I am going to is right across the border, so I wont need to be without my weapon very long. Here is my plan if legal: Carry my gun in my CC holster while in PA. before Crossing the border into DE and place my weapon in a case with the mag removed, on my backseat, while travelling in your state. Is that legal? You could also legally just take it out of your holster as you cross the line and put it in the passenger seat or on the dash...anywhere that's visible that couldn't be considered concealed. |
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Quoted: Quoted: Ok, so an out of state resident can OC? I will be at a family function and dont need to carry there. I want to be armed while travelling. The town I am going to is right across the border, so I wont need to be without my weapon very long. Here is my plan if legal: Carry my gun in my CC holster while in PA. before Crossing the border into DE and place my weapon in a case with the mag removed, on my backseat, while travelling in your state. Is that legal? You could also legally just take it out of your holster as you cross the line and put it in the passenger seat or on the dash...anywhere that's visible that couldn't be considered concealed. yeah i understand that... but i would rather not. thanks everyone for the responses. |
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Bump for info as well.
I'm originally from Delaware, but, I never carried a firearm there. I'll be visiting family next week. My CHP is issued by a state they "accept", but, from my understanding Delaware actually "enforces" thats whole 1,000 feet school zone thing and some other things my current state has "shot down". Also; is it lawful to carry in restaurants and bars? It is here. No drinking, I am the DD when I visit, however, I usually take the old crew out to play pool at the bars and what-not. ETA: Only ask about the school thing, because my mom and sister live less than 1,000 feet from a school. I will be carrying the whole time I visit excluding the obvious no-no places that I know of (state and gov property). |
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Quoted:
Bump for info as well. I'm originally from Delaware, but, I never carried a firearm there. I'll be visiting family next week. My CHP is issued by a state they "accept", but, from my understanding Delaware actually "enforces" thats whole 1,000 feet school zone thing and some other things my current state has "shot down". Also; is it lawful to carry in restaurants and bars? It is here. No drinking, I am the DD when I visit, however, I usually take the old crew out to play pool at the bars and what-not. ETA: Only ask about the school thing, because my mom and sister live less than 1,000 feet from a school. I will be carrying the whole time I visit excluding the obvious no-no places that I know of (state and gov property). Disclaimer: I am not a lawyer or LEO You can carry in bars and restaurants. You can not carry when under the influence (.08) Short answer to the "safe school recreation zone" question is: You may conceal carry in a school free zone IF you are a licensed to conceal carry (NO OPEN CARRY) I have had conceal carry instructors tell me you can not carry in a school free zone no way, no how... but reading section 1457(b)(1) says the underlying offence is section 1442 looking at section 1442 you can only be charged with carrying a concealed deadly weapon without a license as defined in section 1441 § 1457. Possession of a weapon in a Safe School and Recreation Zone; class D, E, or F: 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) Section 1444. -- Possessing a destructive weapon; class E felony. (3) Section 1446. -- Unlawfully dealing with a switchblade knife; unclassified misdemeanor. (4) Section 1448. -- Possession and purchase of deadly weapons by persons prohibited; class F felony. (5) Section 1452. -- Unlawfully dealing with knuckles-combination knife; class B misdemeanor. (6) Section 1453. -- Unlawfully dealing with martial arts throwing star; class B misdemeanor. (c) For the purpose of this section, "Safe School and Recreation Zone" shall mean: (1) Any building, structure, athletic field, sports stadium or real property owned, operated, leased or rented by any public or private school including, but not limited to, any kindergarten, elementary, secondary or vocational-technical school or any college or university, within 1,000 feet thereof; or .... § 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. http://delcode.delaware.gov/title11/c005/sc07/index.shtml |
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Quoted:
Quoted:
Bump for info as well. I'm originally from Delaware, but, I never carried a firearm there. I'll be visiting family next week. My CHP is issued by a state they "accept", but, from my understanding Delaware actually "enforces" thats whole 1,000 feet school zone thing and some other things my current state has "shot down". Also; is it lawful to carry in restaurants and bars? It is here. No drinking, I am the DD when I visit, however, I usually take the old crew out to play pool at the bars and what-not. ETA: Only ask about the school thing, because my mom and sister live less than 1,000 feet from a school. I will be carrying the whole time I visit excluding the obvious no-no places that I know of (state and gov property). Disclaimer: I am not a lawyer or LEO You can carry in bars and restaurants. You can not carry when under the influence (.08) Short answer to the "safe school recreation zone" question is: You may conceal carry in a school free zone IF you are a licensed to conceal carry (NO OPEN CARRY) I have had conceal carry instructors tell me you can not carry in a school free zone no way, no how... but reading section 1457(b)(1) says the underlying offence is section 1442 looking at section 1442 you can only be charged with carrying a concealed deadly weapon without a license as defined in section 1441 § 1457. Possession of a weapon in a Safe School and Recreation Zone; class D, E, or F: 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) Section 1444. -- Possessing a destructive weapon; class E felony. (3) Section 1446. -- Unlawfully dealing with a switchblade knife; unclassified misdemeanor. (4) Section 1448. -- Possession and purchase of deadly weapons by persons prohibited; class F felony. (5) Section 1452. -- Unlawfully dealing with knuckles-combination knife; class B misdemeanor. (6) Section 1453. -- Unlawfully dealing with martial arts throwing star; class B misdemeanor. (c) For the purpose of this section, "Safe School and Recreation Zone" shall mean: (1) Any building, structure, athletic field, sports stadium or real property owned, operated, leased or rented by any public or private school including, but not limited to, any kindergarten, elementary, secondary or vocational-technical school or any college or university, within 1,000 feet thereof; or .... § 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. http://delcode.delaware.gov/title11/c005/sc07/index.shtml Thanks. I reside in VA now and have a VA CHP. DE recognizes it.. At least until December. I don't plan on hanging out in the free school zone, but, I may go to the gas station in close proximity, and will more than likely walk from my mothers to my sisters a few times. Sister is a few blocks away, but basically just on the opposite side of the school area. |
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Don't even think about open carry in DE unless you have deep pockets and a good lawyer... You will be asrested for disorderly conduct and end up losing your right to own ANY gun! Remember this is "Biden Country"! Please don't post dis-information. Open Carry is legal in Delaware. There are some restricted areas within the State, learn the laws and you wont be "asrested". |
