Carrying Ban in parks ruled Unconstitutional

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  • airbornetrooper

    Active Member
    Nov 9, 2017
    137
    VA
    Great news. Would be great if the Supreme Court ever took another case. How long has it been since Heller? 2008?
     

    adit

    ReMember
    MDS Supporter
    Feb 20, 2013
    19,507
    DE
    FWIW, I WOULD NOT CARRY IN ANY OF THESE AREAS for the time being, whether DE CDW licensed or not.

    I have a feeling that this will be smacked down soon. The order is unconstitutional at least in part, if not whole.

    Running into an overzealous or new park ranger may cause you a lot of problems. You don't want to be the example while these crap "regulations" get sorted out by the DE Supremes again.

    I'm trying to get a hold of one of my Parks/DNREC friends to see what is going on from their end.


    IANAL
     

    adit

    ReMember
    MDS Supporter
    Feb 20, 2013
    19,507
    DE
    www.handgunlaw.us has updated the DE page with the updated emergency rulemaking that allows CCW in these areas with a resident DE permit.

    We will have to wait and see what is finally decided.

    Non residents should use caution if engaged in CCW, even with reciprocity, in DE Parks.
    .


    8.8.3 Delaware residents holding an active current permit to carry a concealed
    deadly weapon may carry a firearm within areas administered by the Department,
    including designated areas, provided that the permit shall be produced upon
    request. Residents of other states holding an equivalent permit or license to carry a
    concealed firearm may be permitted
    to carry a concealed firearm at the discretion of
    the Department
    Funky things in there.
    http://www.dnrec.delaware.gov/Admin...rms-possession-in-state-parks-and-forests.pdf

    March 12th hearing notice.
    https://news.delaware.gov/2018/03/0...irearm-regulations-set-monday-march-12-dover/
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,394
    Westminster USA
    There was supposed to be a hearing to decide whether or not to adopt the regs proposed fo Park Carry.

    Did the meeting happen?

    Results?
     

    adit

    ReMember
    MDS Supporter
    Feb 20, 2013
    19,507
    DE

    adit

    ReMember
    MDS Supporter
    Feb 20, 2013
    19,507
    DE
    I just got called for a "random survey" on DNREC. :rolleyes:

    They danced around everything without mentioning 2A specific, but always had the "anything else you can think of" line in there. I lit them up on carry and public ranges.
     

    adit

    ReMember
    MDS Supporter
    Feb 20, 2013
    19,507
    DE
    Gun rights advocates file second lawsuit against weapons ban in state parks and forests

    The new suit says new limitations on firearms finalized earlier this month suffer some of the same inadequacies as the full ban that was in effect for decades.

    “They’re in the same position they were before the regulations were struck down,” said Jeff Hague, president of Delaware’s local National Rifle Association affiliate, the Delaware State Sportsmen’s Association.

    The lawsuit was filed by the state association and Bridgeville Rifle & Pistol Club member John Sylvester against the state Department of Natural Resources and Environmental Control and the state Department of Agriculture and those agencies’ secretaries.

    The plaintiffs contend in the lawsuit that the revised ban, which essentially sets designated gun-free zones in state parks, forests and wildlife areas, is at odds with both the Delaware and United States constitutions.

    “A deprivation of constitutional rights can constitute irreparable harm,” the lawsuit states. “Defendants are depriving plaintiffs of their constitutional right to keep and bear arms both inside rented living spaces, and outside the home.”

    GO GET EM!!!! :party29: Again. :mad54:

    https://www.delawareonline.com/stor...laware-partial-ban/640070002/?from=new-cookie
     

    adit

    ReMember
    MDS Supporter
    Feb 20, 2013
    19,507
    DE
    DNREC Gets Spanked AGAIN in Court

    Delaware Judge Nixes Agency Regulations on Guns in Parks

    A Delaware judge on Thursday struck down some regulations on carrying guns in state parks and on state forest land, saying they are unconstitutional.

    The ruling comes in a lawsuit by the Delaware State Sportsmen's Association and other gun rights advocates challenging firearms regulations developed by the Department of Natural Resources and Environmental Control, and the state Department of Agriculture.

    The two agencies began developing the regulations after the Delaware Supreme Court ruled last year that a ban on non-hunting firearms in state parks and forests was unconstitutional.

    Among other things, the regulations prohibit people from openly carrying firearms in certain designated "sensitive" areas of state parks and forests, such as offices and visitor centers, while exempting people with valid concealed carry permits from that prohibition.

    Current and retired law enforcement officers also were allowed to carry guns anywhere on park and forest land, but other visitors could carry openly firearms within designated areas only upon written application showing "good cause" related to self-defense or the defense of family.

    On Thursday, Superior Court Judge Jeffrey Clark ruled that some of the regulations go too far, violating both the federal and state constitutions.

    Clark sided with the plaintiffs in ruling that officials cannot prohibit visitors from carrying guns in camping areas in parks and lodges on forest land. He noted that the Supreme Court specifically held that a person has a constitutional right to have a firearm while camping overnight in a state park.

    "The effect of including camp sites within sensitive areas forces state park and forest visitors to give up their right to self-defense in order to camp overnight in those areas," Clark wrote.

    The judge also said regulations that allow a law enforcement official to confront a person carrying a gun and demand identification so that authorities can conduct a background check are unconstitutional as written if the official has no reasonable suspicion that the person is engaged in illegal activity. Demands for someone to produce a concealed carry permit absent reasonable suspicion of illegal activity are similarly unconstitutional, the judge said.

    "It is in essence a 'show me your papers' provision that facially does not pass state or federal constitutional muster," Clark wrote.

    The judge also ruled that environmental and agriculture officials have no discretion to decide whether an out-of-state visitor with a concealed carry permit can be allowed to carry a concealed weapon on Delaware park or forest land. Clark noted that Delaware's attorney general has sole authority to issue temporary concealed carry permits and to determine which states receive reciprocity from Delaware regarding such permits.

    On the other hand, the judge ruled, park and forest officials do have the authority to issue "day passes" allowing a people to openly carry firearms in areas that would otherwise be off-limits if a person can demonstrate good cause for doing so.

    State officials did not immediately respond to email messages seeking comment on the ruling.

    The underlined portion above is not something that I would have expected, and will probably extend statewide, not just in "state parks and forest lands".

    http://www.wboc.com/story/39274138/delaware-judge-nixes-agency-regulations-on-guns-in-parks
     
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