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Scottcba1

Delaware gun laws

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The wife and I have been talking about moving again and Delaware popped up in discussion. Figured I would look into the gun laws. Looks like no FID or permits required for purchasing of handguns, shotguns or rifles. Also no permit for open carry. Only permit is for concealed carry.

 

If I am understanding this correctly, why the hell havent we all moved to DE! lol...please let me know if I missed something or if i misunderstood something.

 

-Scott

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The one thing I've seen in Delaware laws that I don't like is that if you want a CCW permit, you have to put an ad in your local paper for a couple weeks first.

 

Thanks for the info. I didnt see that but I did see you need 5 individual signed letters from neighbors or people other then relatives in responible distance as to your nature, personality etc etc. But hell if you can open carry anywhere why bother!

 

-Scott

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I have a friend who moved to Delaware some years ago and has become an avid handgun hunter for deer. No special restrictions provided carry is open. Single-shots or revolvers only in appropriate calibers. There is a special season for handgun-only in early January but now you can use handguns in place of a shotgun during the regular shotgun seasons. Rather liberal compared to New Jersey.

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YOU CAN OC IN DELAWARE!?

 

But really. Delaware is a nice state, better than NJ. We've been thinking about moving down there and there are some nice parts and some not so nice parts. Like Dover. The country is nice, but the city is just....bleh.

With a hunting license on private or state game lands; yes.

 

Don't know about concealed carry. Never asked him.

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While state income tax is a bit higher, property tax is about 25% of what it would be on a comparable house in NJ. Oh, and, of course, no sales tax.

 

There are reasons other than guns to move to DE.

 

Adios,

 

Pizza Bob

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"TAXES" -

 

A major reason two family members have retired there in the last ten years. They love it. There has been talk amongst the rest of us still here in New Jersey to make a mass exodus there. We'll see.

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While state income tax is a bit higher, property tax is about 25% of what it would be on a comparable house in NJ. Oh, and, of course, no sales tax.

 

There are reasons other than guns to move to DE.

 

Adios,

 

Pizza Bob

 

I pay in excess of $12K in property tax here in NJ while my brother pays about $2K down in Delaware. I've already started the conversation to move with my wife but she has only two people left on her side of the family and won't move away from them.

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6 years ago when I retired I asked the mrs if we could move to DE and she said she would not leave jersey because our son was here. He has since moved to NY for two years and is now in DELAWARE. Of course, I am upside down in my house and can't go anywhere now :(

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Thanks for all the info guys. I have to read up some more but the attorney generals site for DE says open carry without a permit. I am sure there are certain cities/counties that this does not apply just like Va. but worth looking into. We will see. def a possibiliy since my field or work is always hiring and DE is one of the only states that my wifes fields is hiring as well.

 

-Scott

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Thanks for all the info guys. I have to read up some more but the attorney generals site for DE says open carry without a permit. I am sure there are certain cities/counties that this does not apply just like Va. but worth looking into. We will see. def a possibiliy since my field or work is always hiring and DE is one of the only states that my wifes fields is hiring as well.

 

-Scott

 

FYI - Florida and Delaware have reciprocity agreements, so you can ccw on a FL permit.

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Per Delaware state law? That is not the case in most states that have reciprocal agreements.

 

Chapter 11 Delware Code § 1441. License to carry concealed deadly weapons.

 

(j) Notwithstanding any other provision of this Code to the contrary, the State of Delaware shall give full faith and credit and shall otherwise honor and give full force and effect to all licenses/permits issued to the citizens of other states where those issuing states also give full faith and credit and otherwise honor the licenses issued by the State of Delaware pursuant to this section and where those licenses/permits are issued by authority pursuant to state law and which afford a reasonably similar degree of protection as is provided by licensure in Delaware. For the purpose of this subsection "reasonably similar" does not preclude alternative or differing provisions nor a different source and process by which eligibility is determined. Notwithstanding the forgoing, if there is evidence of a pattern of issuing licenses/permits to convicted felons in another state, the Attorney General shall not include that state under the exception contained in this subsection even if the law of that state is determined to be "reasonably similar." The Attorney General shall communicate the provisions of this section to the Attorneys General of the several states and shall determine those states whose licensing/permit systems qualify for recognition under this section. The Attorney General shall publish on January 15th of each year a list of all States which have qualified for reciprocity under this subsection. Such list shall be valid for one year and any removal of a State from the list shall not occur without 1 year's notice of such impending removal. Such list shall be made readily available to all State and local law-enforcement agencies within the State as well as to all then-current holders of licenses issued by the State of Delaware pursuant to this Section.

 

Not as vauge as some laws but there is certainly room for interpretation.

 

Some may interpret it to mean you must be a citizen of the issuing state.

Some may interpret it to mean you must be a citizen of any other state.

But it does say that you must be a "citizen of the other state," i.e. not a Delaware resident.

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I live like 2 mins from del and I go there to buy my ammo and do a lot of my shopping. Walmart sells ammo dirt cheap. I never knew I could have open carried there though. I know in pa you can but I rarely do. Just for the fact Im not 100% sure on the laws between towns, in cars, stores. So I only open carry to gun shows.

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.... Of course, I am upside down in my house and can't go anywhere now :(

 

Don't make that a reason not to move. Yes, you will take a hit, but also note the housing in Delaware is also down, so it will balance out. Will you wait 5 years and hope the housing market comes back? 10 years? And you may still only be lucky to break even here, yet pay a higher cost there. What will the tax and cost of living savings be over 5 years? You may be able to swing the move now, and since you can show negative you may not be hit with the NJ transfer fee. Hate to say it, but housing now is like the stock market, do you sit in a loss and hope for recovery, or take the initial hit and move on?

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So long as he isn't a Delaware resident. Non resident permits aren't valid in your home state.

 

In most states, you can live there and carry on a non-resident reciprocal permit from another state. So it is not true to say "Non resident permits aren't valid in your home state." However, I think that is indeed true in Delaware, although I am simply going from memory.

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I know in pa you can (OC) but I rarely do. Just for the fact Im not 100% sure on the laws between towns, in cars, stores.

 

PA - OC*: No license needed except for in Philadelphia and when in a vehicle. With a license: Anywhere.

 

* Usual prohibitions - Federal Buildings, schools, courts, secure areas of airports. Signs do not carry weight of law, but if you are asked to leave and refuse, you can be charged with defiant trespass

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Are other factors being considered at all, such as availability of jobs, quality of school systems, situation with ecology, crime etc?

 

Absolutely. Asked about gun laws because of the forum. We would be moving mainly for my Wife to take a job. Now MD is being spoken as a possible location for her job as well so I will have to look into their gun laws as well.

 

-Scott

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I hear they have handgun permit system in MD, but the legally mandated turnaround time is 10 days. My buddy got a tax stamp - a tedious, but uncomplicated process - and now legally possesses several silencers. All things considered, I'd keep the jobs market in mind as an all-deciding factor, and thus I'd prefer MD over DE.

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I also live about 5 minutes from Delaware. We do almost all of our shopping there and most of my family lives there. The cost of living is cheap. Taxes, car insurance etc. Homes are a bit higher then South jersey , but recently there are some pretty good deals. The only thing a dislike is the traffic. Everywhere you go it is a problem. Not much open space. It is also much nicer below the C&D canal. More open space and less traffic.

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Not sure if you guys that are interested in de oc know about deloc.org .. I joined after stumbling across it through a google search due of my interest in their oc policy as im 5 mins from there and work and do everything but sleep in de...Basically its a site/forum about de open carry....a great source for the hard facts...and some pretty interesting reading...especially the members "daily oc logs"....living in prnj my whole life it's still hard for me to grasp the concept of this "2a" I keep hearing about...lol .....but I've been thouroughly reading and asking the specifics on my ability to oc as a nj resident in de... And its no different than a de resident same rules apply.... Basically the main no carry zones are gun free school zones(like drug free school zones)...govt buildings of any sort...state parks(although some are becoming legal)....the city of wilmington(where you need one most lol) ....And a few others but all the info you need can be found there on the laws.....and as here there's a multitude of helpful people with the same interest willing to answer questions...they even have a thread on the establishments that are pro and not pro oc ....ive purchased my owb holster and will soon begin to oc while in de.....I'm just trying to look for the "fine print" before I do...just seems too good to be true...lol

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