Current events, goings-on in Delaware and anything else of interest here.
 #112041  by California_Exile
 
https://blog.princelaw.com/2019/05/31/m ... f-a-crime/

There is some discussion of Delaware law as compared to Pennsylvania law in the decision. The majority opinion points out that in Delaware, carrying a concealed deadly weapon is a crime, and possession of a CCDW license is a defense to that crime. Pennsylvania's statute is worded differently, such that lacking a license is an element of the crime, as opposed to possession of a license being an affirmative defense to the crime. The concurring opinion suggests that might make a significant difference, the majority suggests that it shouldn't.
 #112042  by MrCoolDale
 
The Eighth Circuit courts made a ruling on open carry back in 2011:
The judges took issue with the reason for the stop, saying a report of a person with a handgun isn't enough to create a reasonable suspicion of a crime, and in Nebraska and Lincoln people can openly carry handguns.
Here's a local article about it:
https://journalstar.com/news/local/crim ... c67f5.html

The courts said the possession of a handgun IS NOT sufficient for reasonable suspicion since carrying the firearm was a legal act. To apply that to Delaware (I'm reaching here with my own opinion) would be that carrying a firearm in Delaware (concealed or open) is a legal activity and there is no reason to assume a crime has taken place.

It's an interesting debate and I'd be curious to see our AG weigh in.