Delaware Supreme Court strikes down broad restrictions on gun possession in state par

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  • press1280

    Ultimate Member
    Jun 11, 2010
    7,878
    WV
    Good opinion, too bad it's only based on the state RKBA, and not the 2A although alot of discussion on it
     

    Threeband

    The M1 Does My Talking
    MDS Supporter
    Dec 30, 2006
    25,234
    Carroll County
    That's good to hear. We used to enjoy Cape Henlopen and Trap Pond State Parks, but their ridiculous gun ban had us going to Virginia instead.
     

    wolfwood

    Ultimate Member
    Aug 24, 2011
    1,361
    A great decision! Thanks for sharing. The dissent is just plain scary.

    Yes they apparently don't believe in precedent or the rule of law. I did learn one thing from that dissent. Apparently England's proud hunting tradition is still alive

    See, e.g., Research and Surveys: Common pheasant Phasianus colchicus, GAME & WILDLIFE
    CONSERVATION TR., https://www.gwct.org.uk/research/lo...sus/bird-bags-summary-trends/common-pheasant/
    (last visited Nov. 21, 2017) (the number of
    pheasants shot during recorded hunting activities in the United Kingdom was two and a half times
    greater in 2010 than in 1961). At the iconic Rules, its “Famous Grouse” is touted with the fair
    warning that “game birds may contain lead shot.” Menu, RULES, http://www.rules.co.uk/wpcontent/uploads/2013/11/Menu-food.pdf
    (last visited Nov. 21, 2017).
     

    HaveBlue

    HaveBlue
    Dec 4, 2014
    733
    Virginia
    Your rights have been trampled on for longer than any of us have been alive. So you should let us keep trampling on them because you should be used to it by now.
     

    Dudleydog

    Member
    Oct 25, 2009
    13
    Maryland Parks Should Be Next.

    I understand Maryland parks have the same all weapons ban. Supposedly even a retired DNR police officer with a permit or LEOSA permit cannot carry in a park.
     

    jrumann59

    DILLIGAF
    MDS Supporter
    Feb 17, 2011
    14,024
    So sort of guns are banned in the front of the park but are not banned in the back of the park but you need to go through the front to get tot he back....
     

    delaware_export

    Ultimate Member
    Apr 10, 2018
    3,144
    Ccw permit must be a Delaware permit, and those are only issues to Delaware residents.

    Permits, those out of state and recognised by Delaware, DO NOT let the bearer carry in the special places.

    Making non Delaware residents ineligible to carry in the "sensitive places"

    The state is, mostly, ignoring the Delaware court ruling. Their basic argument is many acres are open, but the "fun" places are still off limits.

    Round 2 coming up: https://www.delawareonline.com/stor...advocates-sue-delaware-partial-ban/640070002/

    I can't say for sure but it seems "designated areas" are bath houses and other structures in the parks and that those are OK to carry with a permit. It seems like it's an unlicensed OC case?
     

    adit

    ReMember
    MDS Supporter
    Feb 20, 2013
    19,512
    DE
    Ccw permit must be a Delaware permit, and those are only issues to Delaware residents.

    Permits, those out of state and recognised by Delaware, DO NOT let the bearer carry in the special places.

    Making non Delaware residents ineligible to carry in the "sensitive places"

    The state is, mostly, ignoring the Delaware court ruling. Their basic argument is many acres are open, but the "fun" places are still off limits.

    Not true. You can get temporary DE Non-Res permits. They are 30 day permits and can only be extended 2 more times for 30 days each. I have detailed this in the past but the new forum search engine is of no help at the moment.

    http://delcode.delaware.gov/title11/c005/sc07/index.shtml#1441

    (k) The Attorney General shall have the discretion to issue, on a limited basis, a temporary license to carry concealed a deadly weapon to any individual who is not a resident of this State and whom the Attorney General determines has a short-term need to carry such a weapon within this State in conjunction with that individual's employment for the protection of person or property. Said temporary license shall automatically expire 30 days from the date of issuance and shall not be subject to renewal, and must be carried at all times while within the State. However, nothing contained herein shall prohibit the issuance of a second or subsequent temporary license. The Attorney General shall have the authority to promulgate and enforce such regulations as may be necessary for the administration of such temporary licenses. No individual shall be issued more than 3 temporary licenses.

    (l ) All applications for a temporary license to carry a concealed deadly weapon made pursuant to subsection (k) of this section shall be in writing and shall bear a notice stating that false statements therein are punishable by law.
     

    delaware_export

    Ultimate Member
    Apr 10, 2018
    3,144
    Interesting. I would be interest to know, in reality,how often that happens? As anti gun as Mr denn is... I don't suspect he'd approvem

    About like letting the new regs say people can request permission to carry form the director to carry on a daily basis. 8.3.4.7, in the proposed regs.. Like he would be waiting for my call, and of a mind to approve.

    But yes, technically, the law does allow temp permits as you note.

    The proposed regs also says "Delaware residents", and so a non Delaware resident would still be disqualified, even with a temp permit.

    Not true. You can get temporary DE Non-Res permits. They are 30 day permits and can only be extended 2 more times for 30 days each. I have detailed this in the past but the new forum search engine is of no help at the moment.

    http://delcode.delaware.gov/title11/c005/sc07/index.shtml#1441
     

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