Carrying in Delaware

[ElmerFudd 0]

Hello all, I've read that residents of Delaware do not need a permit to carry.  However, what are the laws regarding NJ FID-holders.  I was planning on taking a trip there over the weekend and just wanted to know if I could stop at the range or carry while I'm there.

 

New to the game so any help is appreciated.  Thanks in advance!

[Shawnmoore81 623]

Open carry with no permit except in Dover

[Lalo 13]

Open carry with no permit except in Dover

Key word here being OPEN carry. So you can rock it cowboy style...

 

http://www.nraila.org/gun-laws/state-laws/delaware.aspx

CARRYING

It is unlawful for any person except a law enforcement officer to carry any loaded or unloaded firearm concealed upon or about his person without a license to carry. Handguns may be carried in open view, or in an inaccessible area like the trunk of an automobile. Rifles and shotguns must be unloaded while being carried in or on any vehicle, farm machinery, motorboat while under power, or sailboat while under power.

[WVisHome 0]

^ What they said.


Also, if you carry in the car.....seat or dash are the "acceptable" locations. It has to be in "plain view".

[ChadShaft 0]

I gotta get out of New Jersey.

[NYMetsFan86 9]

I gotta get out of New Jersey.

 

I concur, everytime i see other states that have spledid laws like this it reminds me why i'd love to leave. Hilariously enough NJ seems to expensive to live and yet too expensive to engage in the whole moving life to another state. Limbo it is for now

 

Deleware is now another option haha 

[maintenanceguy 510]

Keep in mind that in places where open carry is legal, it can draw unwanted attention. Lots of people carry. Almost nobody open carries.

 

 

[WVisHome 0]

It can also serve as a visual deterrent. 

Lots of people OC here in DE.

[NYMetsFan86 9]

Keep in mind that in places where open carry is legal, it can draw unwanted attention. Lots of people carry. Almost nobody open carries.

 

 

I wonder if any group has ever had an interest in forming some kind of "event" or "Rally" in OC states like DE to show people open carry is not so uncommon. I can see it now "Open Carry Rally" haha. maybe if more people, in places like Deleware, were aware and took part it would be less "scary" and more widely excepted. But what do i know......I am in the NJ bubble

 

many poeple seem to be affraid of "the cops" engaging them when its perfectly legal and cops should not even be questioning people in these states for OC

[ElmerFudd 0]

I gotta get out of New Jersey.

+ 1

 

 

So would it be unacceptable to have a gun on a high riding belt holster while driving?  Not saying, that would be convenient or advised.  Just curious.  The wording of the law seems very odd to not specifically exclude that.

 

As to the visual deterrent, "an ounce of prevention is worth a pound of cure"

[WVisHome 0]

They have monthly "meet-ups".

[WVisHome 0]

+ 1

 

 

So would it be unacceptable to have a gun on a high riding belt holster while driving?  Not saying, that would be convenient or advised.  Just curious.  The wording of the law seems very odd to not specifically exclude that.

 

As to the visual deterrent, "an ounce of prevention is worth a pound of cure"

 

That's the impression everyone here has....it isn't clearly spelled out in law...the law simply states that

 

- A weapon may be "concealed" within 

the meaning of this section, and still be in "plain view" for purposes of the search and seizure doctrine. 

Robertson v. State, 794 A.2d 267 (Del. 1997). 

 

A weapon is "concealed" if it is hidden from the ordinary sight of another person, i.e., the casual and 

ordinary observation of another in the normal associations of life; however, since "ordinary 

observations" are not the same as the observations of an investigating police officer, a weapon 

concealed from an ordinary person may be in the plain view of a police officer. Robertson v. State, 794 

A.2d 267 (Del. 1997).

 

 

 

The thought being that if an officer approaches your vehicle from the driver's side window and you're carrying in a holster on your right side, it is "hidden from ordinary sight".

[WVisHome 0]

Because Delaware state law only regulates the carrying of a concealed deadly weapon, the open carry of a firearm is lawful. As stated by former Delaware Attorney General Charles M. Oberly, III, "Under current Delaware law, virtually anyone, excepting felons, may strap on a holster and carry a gun in plain view. You can even carry a rifle over your shoulder and walk around with it."

[ChadShaft 0]

What a difference a a river and a bridge makes.

[Pythagoras 2]

I gotta get out of New Jersey.

 

 

+ 1

 

+2

 

Wish I could OC like a real American

[Larry1851 0]

I have the non resident FL and Virginia carry permits.  And carried concealed in DE last year on business...  Not sure what the reciprocity is these days.  As for open carry, I would check any local laws to see if there is some wild ass statute or something in place that would make it difficult for you to carry.  If not, go for it.

[WVisHome 0]

Check out this site: http://DelOC.org

[M1152 713]

It can also serve as a visual deterrent. 

 

Lots of people OC here in DE.

 

OT but was just looking at regs for conceal carry.   I seen Virginia reciprocity will be revoked on December 7, why is that?

 

Thanks in advance

[WVisHome 0]

Not sure...

[1LtCAP 4,264]

Open carry with no permit except in Dover

that's for non-residents too???

[ryan_j 0]

OT but was just looking at regs for conceal carry.   I seen Virginia reciprocity will be revoked on December 7, why is that?

 

Thanks in advance

 

Most likely training or photo requirements. Most bizzarre is Wisconsin who only accepts non resident permits from VA. Virginia only has photos on nonresident permits. Resident permits do not have a photo on them. 

[ryan_j 0]

that's for non-residents too???

 

yes everybody.

PA too. I OC in Pennsylvania all the time, pretty much have to until I get my Utah in the mail. 

[M1152 713]

 

Most likely training or photo requirements. Most bizzarre is Wisconsin who only accepts non resident permits from VA. Virginia only has photos on nonresident permits. Resident permits do not have a photo on them. 

Thanks for the info, that’s interesting. I have the VA nonresident so DE voiding the permit tweaked my curiosity. The only issue I have with the VA nonresident permit is its very large and don’t even fit in my wallet.

[panteramatt 27]

yes everybody.

PA too. I OC in Pennsylvania all the time, pretty much have to until I get my Utah in the mail. 

I honestly had no idea. So let me get this straight. I can take a handgun into de or pa without permit, and open carrty anywhere except dover and philly?  And while transportingf it must be on the dash or seat? My mom lives in dover do if I go and visit where do I put the gun?

[1LtCAP 4,264]

yes everybody.

PA too. I OC in Pennsylvania all the time, pretty much have to until I get my Utah in the mail. 

i had no clue...........i don't go to delaware much, but go to pa all the time........

 

 any chance for a link to their statutes, so i can print off a copy?

[Krdshrk 3,878]

I have the non resident FL and Virginia carry permits.  And carried concealed in DE last year on business...  Not sure what the reciprocity is these days.  As for open carry, I would check any local laws to see if there is some wild ass statute or something in place that would make it difficult for you to carry.  If not, go for it.

FL CCW is ok in Delaware

[mikelets456 78]

I honestly had no idea. So let me get this straight. I can take a handgun into de or pa without permit, and open carrty anywhere except dover and philly?  And while transportingf it must be on the dash or seat? My mom lives in dover do if I go and visit where do I put the gun?

 

In PA you will need a valid license from FL or reciprocating state to transport in PA and THEN you can openly carry anywhere but a city of first class (Philly).

[ALAN553 27]

In PA you will need a valid license from FL or reciprocating state to transport in PA and THEN you can openly carry anywhere but a city of first class (Philly).

Florida and PA no longer have reciprocity for non resident CCW permits. You must be a Florida resident to carry in PA.

[ryan_j 0]

Florida and PA no longer have reciprocity for non resident CCW permits. You must be a Florida resident to carry in PA.

 

For vehicle carry a permit from any state is good including FL and any others that the MAIGgot AG has reworked to make resident only. In fact you can even vehicle carry on a NJ permit. The reciprocity agreements only have to deal with concealed carry, not open or vehicle carry. 

 

The statute has been posted multiple times. Don't let me sic mipafox on you.

[ryan_j 0]

i had no clue...........i don't go to delaware much, but go to pa all the time........

 

 any chance for a link to their statutes, so i can print off a copy?

 

No statute. The law is silent so 2A applies, and PA interprets "bear" as "open carry."

 

Here's the guidance given to the police chiefs regarding PA OC:

 

http://www.marshalldennehey.com/media/pdf-articles/O%20240%20by%20C.%20Boyle%20(Winter.11).pdf

 

 

 

“Open Carry” is a term referring to the right of law abiding 

citizens 18 or older to display their firearm in public spaces 

without the need for a permit. The legal basis for this right 

can be found in the 2nd Amendment of the US Constitution. 

This federal right has been further defined by the Pennsylvania 

Uniform Firearms Act of 1995 which places restrictions on 

firearms owned by citizens of the Commonwealth.

 

Don't go crying now because NJ doesn't treat the 2A the same way as an American state does.