You may start a topic here for an Open Carry Log -- a place to relay places and any events which may occur.
 #85938  by jrock419
 
I Live In Camden DirectLy Across The Street From A School, Can I Still Open Carry In My Own Yard? I Know You Cant Be Within A Thousand Feet Of A School Zone But Like I Said Does That Apply To Me On My Own Property? I Think I Read In The Laws That It Doesnt Affect Me On My Own Property But Im Just Checking To Be Safe.
 #85940  by brich2929
 
jrock419 wrote:I Live In Camden DirectLy Across The Street From A School, Can I Still Open Carry In My Own Yard? I Know You Cant Be Within A Thousand Feet Of A School Zone But Like I Said Does That Apply To Me On My Own Property? I Think I Read In The Laws That It Doesnt Affect Me On My Own Property But Im Just Checking To Be Safe.

Yes. You can be on your own property and open carry. Note: Open carry as in holstered. I'd bet if you were handling your gun in plain view during school hours, you'd get a visit from some LEO's. Be smart. Be safe.

§ 1457. Possession of a weapon in a Safe School and Recreation Zone; class D, E, or F: class A or B misdemeanor.

(a) Any person who commits any of the offenses described in subsection (b) of this section, or any juvenile who possesses a firearm or other deadly weapon, and does so while in or on a "Safe School and Recreation Zone" shall be guilty of the crime of possession of a weapon in a Safe School and Recreation Zone.

(b) The underlying offenses in Title 11 shall be:

(1) Section 1442. -- Carrying a concealed deadly weapon; class G felony; class D felony.

(2) Section 1444. -- Possessing a destructive weapon; class E felony.

(3) Section 1446. -- Unlawfully dealing with a switchblade knife; unclassified misdemeanor.

(4) Section 1448. -- Possession and purchase of deadly weapons by persons prohibited; class F felony.

(5) Section 1452. -- Unlawfully dealing with knuckles-combination knife; class B misdemeanor.

(6) Section 1453. -- Unlawfully dealing with martial arts throwing star; class B misdemeanor.

(c) For the purpose of this section, "Safe School and Recreation Zone" shall mean:

(1) Any building, structure, athletic field, sports stadium or real property owned, operated, leased or rented by any public or private school including, but not limited to, any kindergarten, elementary, secondary or vocational-technical school or any college or university, within 1,000 feet thereof; or

(2) Any motor vehicle owned, operated, leased or rented by any public or private school including, but not limited to, any kindergarten, elementary, secondary, or vocational-technical school or any college or university; or

(3) Any building or structure owned, operated, leased or rented by any county or municipality, or by the State, or by any board, agency, commission, department, corporation or other entity thereof, or by any private organization, which is utilized as a recreation center, athletic field or sports stadium.

(d) Nothing in this section shall be construed to preclude or otherwise limit a prosecution of or conviction for a violation of this chapter or any other provision of law. A person may be convicted both of the crime of possession of a weapon in a Safe School and Recreation Zone and of the underlying offense as defined elsewhere by the laws of the State.

(e) It shall not be a defense to a prosecution for a violation of this section that the person was unaware that the prohibited conduct took place on or in a Safe School and Recreation Zone.

(f) It shall be an affirmative defense to a prosecution for a violation of this section that the weapon was possessed pursuant to an authorized course of school instruction, or for the purpose of engaging in any school-authorized sporting or recreational activity. The affirmative defense established in this section shall be proved by a preponderance of the evidence. Nothing herein shall be construed to establish an affirmative defense with respect to a prosecution for any offense defined in any other section of this chapter.

(g) It is an affirmative defense to prosecution for a violation of this section that the prohibited conduct took place entirely within a private residence, and that no person under the age of 18 was present in such private residence at any time during the commission of the offense. The affirmative defense established in this section shall be proved by the defendant by a preponderance of the evidence. Nothing herein shall be construed to establish an affirmative defense with respect to a prosecution for an offense defined in any other section of this chapter
Last edited by brich2929 on Mon May 20, 2013 11:45 pm, edited 1 time in total.
 #85941  by astro_wanabe
 
Private property is exempted from the Fed restriction. The moment you step onto public-owned property you need to be covered by one of the other exemptions. State restriction doesn't apply to adults unless you're committing a crime from a specific list (quoted above).
 #85942  by jrock419
 
Thanks Fuys, And Yes I Keep My Firearm In A Holster At All Times Unless At The Range. Would I Be In Violation Of An Offense Because I Have Kids Under The Age Of 18?
 #85951  by Owen
 
jrock419 wrote:Thanks Fuys, And Yes I Keep My Firearm In A Holster At All Times Unless At The Range. Would I Be In Violation Of An Offense Because I Have Kids Under The Age Of 18?
This part looks like I'm in trouble in my front yard because I have kids and am within 1000 ft of a school.

"and that no person under the age of 18 was present in such private residence at any time during the commission of the offense"

But this is contrary to the DE constitution as how do I exercise my right to "defense of self, family, home, and state" then. I don't want to be the test case but just sayin'.

EDIT: I bet there are lots of homes with guns and kids within 1000 ft of a school. Hmmm,,,