Spent the weekend camping in Virginia with my gf. I brought my M&P Shield to carry while down there while using my Florida permit. Great trip! Really loved carrying while hiking. I car carried in Delaware and in Virginia during the to/from trips, in both cases, I was "open carrying" with my handgun in its holster between the drivers seat and console. I'd consider the position to be "visible".

 

Ran right into a speed trap on 13 North in Delaware on the trip back today. Must have been 5 other cars pulled over, they were getting them one after the other. A 55 turned into a 45 and back into the 55. They nab em in the 45 of course. Never been pulled over, and of course the one time I do, I've got my gun with me... greattt.

 

I pull to the side, officer comes by, license, registration, etc. After I hand my license over, I say in these exact words, "officer, I'd like to inform you that I have a handgun beside me and I have a permit to carry which I can show you". I know that Delaware does not require you to inform LE, but I just felt it was right considering the handgun was fairly visible. I knew my rights and had nothing to hide, so why not be upfront about it? Officer didn't seem startled, simply asked for the permit. (Here in lies my first mistake I think, I should have made an effort to show I was OPEN carrying, possibly even going as far as pointing to where the pistol was located - thus avoiding the Florida permit all together)

 

The officer takes my docs back to his vehicle and I must have waited a good half hour before he came back. Cars had been pulled over and left already while I was still waiting there. I knew this had to be due to the pistol. He comes back and calls me out of the car - crap

 

 

"Are you really a New Jersey resident?"

"Yes"

"Why do you have a Florida carry permit?"

"It gives me the right to carry in about 30 states"

"Ok, well this isnt valid here, Delaware only honors permits if you are a resident of the state the permit is issued for...I'm not going to hold you up on it, but another officer might..."

(My gut tells me he's wrong, but part of me wonders if I'm the one misinformed - kinda like how PA just killed off the FL permit..)

"Oh wow, I didnt know that... technically it was open carrying though, right?"

"Where was it, in the glovebox?"

"No, between the seat and console"

"At the end of the day, its up to the court to decide"

 

We exchanged a few more lines, I pointed out my support for 2A, he thought that was cool and all. Nice enough guy. Once I left, I pulled over at the next gas station and reviewed handgunlaw.us for Delaware and confirmed that I was okay in my carrying. Annoying situation. Could have been a lot worse though, when he asked me to get out of the car, I was thinking I'd have to get Nappen on the line or something.

 

I really never thought I'd be telling this story, so as far fetched as it may seem for us NJ guys, if you EVER plan on carrying out of state, prepare yourselves for these encounters! I'm not horrified at how I handled myself, but there was some things I'd have done differently. Live and learn.

Glad it worked out OK for you.

Not that I know much about carry laws but I was once told by a RO in PA that once you have the pistol in the vehicle it's considered concealed carry. Can anyone confirm?

 

Glad things went smooth for you!

 

 

Guess who the Attorney General in DE is:

 

http://attorneygeneral.delaware.gov/crime/concealedweapons.shtml

 

spawn of Biden

 

Guess who the Attorney General in DE is:

 

http://attorneygener...edweapons.shtml

I guess your going to hear dont tell anyone its none of there business crap. But I understand thats how the law abiding approach things at times.

I got pulled over on Easter up in PA and did not declare(Utah). Did not even know the law just plain forget it was on my side.LOL

In del just keep it in plain sight and there won't be any problems. Obviously don't reach for it though

TBH, even if I knew he was wrong, I would've just nodded and agreed if it meant you were able to go home to your family. Its not like the cop was trying to take your rights away or anything. He was just misinformed. I think you did good.

Glad it worked out OK for you.

 

You did the right thing informing the LEO of your handgun. Possibly eliminates a tough situation. Having a brother who is a police officer, best advice he gave me was to be upfront if there's something like your situation. I agree, glad it worked out nicely for you.

Not that I know much about carry laws but I was once told by a RO in PA that once you have the pistol in the vehicle it's considered concealed carry. Can anyone confirm?

 

Glad things went smooth for you!

 

That various by state. Some states require a license to carry regardless of whether it is visible or not. Some states you can car carry without a license, but it has to be visible. If it isn't, you need a license. Others you can carry without a license, but it has to be concealed.

Yes in pa you need a cc permit to have a gun accessible in the car

I really never thought I'd be telling this story, so as far fetched as it may seem for us NJ guys, if you EVER plan on carrying out of state, prepare yourselves for these encounters! I'm not horrified at how I handled myself, but there was some things I'd have done differently. Live and learn.

 

And also know the laws of the state you will be traveling through even if you have carry permit that is valid for that state. Some states (like Ohio) require a "Duty to Inform" when stopped. http://www.handgunla...states/ohio.pdf

 

The next state over, Indiana does not http://www.handgunla...tes/indiana.pdf

 

My state does not http://www.handgunla...es/kentucky.pdf

 

Tennessee does not http://www.handgunla...s/tennessee.pdf

 

North Carolina DOES http://www.handgunla...rthcarolina.pdf

 

Regarding Open Carry in a vehicle, that too varies greatly among the states especially if you have no permit but going by the laws of that particular state. Ohio it is forbidden to have a loaded handgun in the glove compartment without a permit. Here it is OK, and other states have laws which say that your vehicle is considered an extension of your home and no permit is required anywhere in the vehicle while in that state.

 

Knowing the laws and having a carry permit that is valid through the state(s) you are passing through is the best way. But I would go a step further, have a print out of the laws of the states that you pass through might seem like overkill, but it is a great CYA.

Yep...they were out in full force here today. I must have passed 5 on my 3 mile trip to Home Depot earlier.

 

If you're in Delaware....just open carry. I saw a guy in Wawa the other morning with a pistol on his hip...no one but me (just moved from NJ) gave him a second look, lol.

did you get a ticket?

Did you get a speeding ticket?

I'm a ham radio operator as you may know and we have a problem with a different kind of carry law - scanners.

 

It's illegal in most states to carry a scanner in a vehicle. However, ham radio operators and certain others (journalists, emergency personnel mostly) are exempt.

 

Problem is, a lot of cops don't know that. BUt they know it's illegal to have a scanner in a vehicle. Go figure. So they pull over one guy in NY state, ticketed him for the scanner violation and then left him to fight it out in court. He eventually won but he had to deal with the system... Not nice. I just wish more LEOs were informed about the laws they were enforcing. They have a tough job with all the laws they have to enforce to be sure but it would make things easier.

Don't you need a license though to carry on Dover county, open or concealed

Don't you need a license though to carry on Dover county, open or concealed

 

Where did you get this information? Are you talking about Kent County where Dover,DE is?

Don't you need a license though to carry on Dover county, open or concealed

 

No, you do not.

Yep guys, unfortunately got the ticket! As much as that sucks, that was the least of my worries at the time.

 

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On the bight side, by keeping him occupied for about 1/2 an hour, you saved many others from getting a ticket.

 

And for this, your fellow motorists thank you.

The Delaware LEO said only resident Florida CCW's were o.k. (?)

 

I looked at the Delaware AG's page (http://attorneygeneral.delaware.gov/crime/concealedweapons.shtml) I didn't see anything that mentions Florida CCW had to be Resident Only. The Florida page (http://licgweb.doacs.state.fl.us/news/concealed_carry.html) does NOT mention Delaware only accepts Florida Resident CCW's. From what I've read it seems as though they accept resident and non-resident Florida CCW's.

 

But..... on usacarry.com the main reciprocity map page says Delaware accepts all Florida CCW's, but the Delaware info page (http://www.usacarry.com/delaware_concealed_carry_permit_information.html) says Delaware accepts Florida Resident only. ???????

 

How are you supposed to follow the law with such misinformation?

I say throw a jacket over it and shut up, even if you know your 100% ok, who needs the maybe hassle

Geez, there's 3 of them? Oy!

 

 

No, you do not.

 

Actually I was right

 

Q: Where can I open carry? A: It's probably better to list where you can't carry. State and National Parks and Forests are off limits as well as detention areas such as court houses, police stations and prisons. Dover has a grandfathered ordinance that prohibits carrying a weapon unless you have a license.

 

Right from the Delaware open carry forum, so please don't give info that might get someone arrested

I did mean Dover city though not county so sorry about that but here's some more info

 

Dover Non-Prempted Ordinance: The City of Dover has a local ordinance which falls outside of the scope of pre-emption which requires a permit to open or conceal carry. Much like Newark is attempting to do, repealing this legislation to rely soley on Delaware law as a source for unified firearms law would be beneficial to both the state, law enforcement and its citizens.

I did mean Dover city though not county so sorry about that but here's some more info

 

Dover Non-Prempted Ordinance: The City of Dover has a local ordinance which falls outside of the scope of pre-emption which requires a permit to open or conceal carry. Much like Newark is attempting to do, repealing this legislation to rely soley on Delaware law as a source for unified firearms law would be beneficial to both the state, law enforcement and its citizens.

 

Ok that's different, and yes you need a permit for the City of Dover. There is no Dover County in Delaware.

Right from the Delaware open carry forum, so please don't give info that might get someone arrested

 

You can't get arrested in an imaginary place. There's no Dover county in Delaware.

Yep guys, unfortunately got the ticket! As much as that sucks, that was the least of my worries at the time.

 

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I'm not sure how I would feel getting pulled over for the first time with a handgun in the car. Even though the law is clear, Just reading about your situation makes me a little nervous. LOL

Looking back, I'm kind of regretting mentioning the gun at all. Kind of like how if I got pulled over in NJ to the range I would not confess to having a gun in the car unless directly asked.

 

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