ok i have a question what is the law code for the OC in your car/truck?
CoreyJ092589 wrote:ok i have a question what is the law code for the OC in your car/truck?In order to answer your question, we first have to understand HOW the Delaware Code Title 11 works.
The purpose of Laws are generally to define what is an offense, not to define what is lawful.
Title 11, Part I, Chapter 2. General Provisions Concerning Offenses
§ 202. All offenses defined by statute.
(a) No conduct constitutes a criminal offense unless it is made a criminal offense by this Criminal Code or by another law.
(b) This section does not affect the power of a court to punish for civil contempt or to employ any sanction authorized by law for the enforcement of an order or a civil judgment or decree.
If it is not defined by the code as an offense, it is therefore lawful.
When an action has been defined as an offense, there may also be exceptions defined in the code, also known as affirmative defense.
Open Carry in the State of Delaware is lawful because it has NOT been defined in Title 11 as unlawful. Because it is not defined in the code as an offense, there are no exceptions to such offense, therefore you will not find a law that tells you "how to carry in a car".
Title 11 does specifiy that concealed carry without a license is illegal, as well as what is an exception to the offense (in this example obtaining a DE CCDW outlined in Section 1441).
Title 11
Crimes and Criminal Procedure
Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter VII. Offenses Against Public Health, Order and Decency
Subpart A. Riot, Disorderly Conduct and Related Offenses
§ 1442. Carrying a Concealed Deadly Weapon; Class G Felony; Class E Felony.
A person is guilty of carrying a concealed deadly weapon when the person carries concealed a deadly weapon upon or about the person without a license to do so as provided by § 1441 of this title.
Carrying a firearm openly simply means that the firearm is "in plain view" of the public. This would extend to mean that carrying a firearm (handgun) openly in a vehicle also means that it must be in plain view. This has been suggested to mean on the seat or dash.
This thread which you posed your questions will help answer your questions as well.
Chip