If you have a particular encounter with another citizen or LEO, post it here.
 #45303  by GatorDude
 
Boots wrote:
bluedog46 wrote:... I assume you are allowed to keep a loaded mag on your hip but dont know.
Yes, you are.
Where do you think we are, California? :lol: You can carry a firearm in California...unloaded. WTF!!! :banghead:
 #45308  by Boots
 
GatorDude wrote:
Boots wrote:
bluedog46 wrote:... I assume you are allowed to keep a loaded mag on your hip but dont know.
Yes, you are.
Where do you think we are, California? :lol: ....
No, we're in Delaware, but his question concerned whether a loaded magazine could be carried in California.
 #45309  by GatorDude
 
[quote="Boots]No, we're in Delaware, but his question concerned whether a loaded magazine could be carried in California.[/quote]

I was being sarcastic, Boots. I never understood the concept of carrying an unloaded firearm. I find that just ridiculous. Unfortunately, that's what they have to do in California for OC'ing.
 #45311  by Boots
 
GatorDude wrote:
Boots wrote:No, we're in Delaware, but his question concerned whether a loaded magazine could be carried in California.
I was being sarcastic, Boots. I never understood the concept of carrying an unloaded firearm. I find that just ridiculous. Unfortunately, that's what they have to do in California for OC'ing.
I agree with you. I guess it's just their way to 'comply' with the 2A while doing their best to get OCers shot or their firearm stolen in the process. You KNOW the BGs have their guns loaded and at the ready!
 #45312  by GatorDude
 
Wait a second, Boots! You mean to tell me that the criminals don't carry their weapons unloaded? That's not fair.... :o :roll: :kuku:
 #45314  by Boots
 
GatorDude wrote:Wait a second, Boots! You mean to tell me that the criminals don't carry their weapons unloaded? That's not fair.... :o :roll: :kuku:
YEAH! :roll: Tell me about it!

There oughta be a law!... :poed:
Last edited by Boots on Fri Feb 25, 2011 1:57 pm, edited 1 time in total.
 #45315  by astro_wanabe
 
capnpirate wrote:As far as I know, there is no brandishing law in DE. Unless you're displaying hostile/angry behavior or doing something that causes people to have reason to believe you're about to fire it, there is no difference whether your firearm is in its holster or in your hand (preferably down at your side, of course. ;) ).
I can see where an unholstered firearm, held in your hand with no reason, could be argued to violate this part of the disorderly conduct code:
§ 1301. Disorderly conduct; unclassified misdemeanor. wrote: A person is guilty of disorderly conduct when:
(1) The person intentionally causes public inconvenience, annoyance or alarm to any other person, or creates a risk thereof by:
...
f. Creating a hazardous or physically offensive condition which serves no legitimate purpose; or
...
The question is whether a brandished firearm, by itself, creates a "hazardous or physically offensive condition" AND whether that hazardous / physically offensive condition actually "creates a risk" of "inconvenience, annoyance, or alarm to any other person." IANAL, but if either condition is not met then I don't see how you could be convicted.

But then again even members of this board got in a tussel over the safety of a chest-mounted pistol to bystanders, and if pro-gun people got upset by that then actually holding the gun in your hand would certainly alarm the anti-gunners. So I guess the question is, can you prove that a brandished firearm is *not* a hazardous condition? I wouldn't think it is unless you pointed the gun at me, but others may believe that the chance of a ricochet if the firearm went off is enough to pose a hazard.

ps. we need to update the Delaware Firearms Laws pdf with the new info for § 1442 regarding your ability to CC while a renewal application is processing.
 #45336  by bluedog46
 
Boots wrote:
bluedog46 wrote:... I assume you are allowed to keep a loaded mag on your hip but dont know.
Yes, you are.
This was regarding california and being allowed to oc but not have a loaded gun. I am curious if the criminals, robbers, rapist and so forth keep their guns unloaded? After all the liberal politicians tell us we have nothing to fear.
 #45338  by capnpirate
 
astro_wanabe wrote:The question is whether a brandished firearm, by itself, creates a "hazardous or physically offensive condition" AND whether that hazardous / physically offensive condition actually "creates a risk" of "inconvenience, annoyance, or alarm to any other person." IANAL, but if either condition is not met then I don't see how you could be convicted.
As with me, IANAL, but it was explained to me by a student of the law, Constitutional law specifically, that DE does not recognize the legal definition of Brandish unless the person in possession of the firearm is obviously emotionally disturbed. There are 2 definitions, from what I understand; one means to wave the weapon around menacingly or with clear intent to cause harm (legal one) and the other means to display very obviously and out in the open (non-legal one). Simply holding the firearm in a non-threatening way (such as pointed away from people, pointed into the ground, at your side, etc.) is the second definition while pointing it towards someone deliberately or holding it with your finger on the trigger. Of course... once again... it is up to the real lawyers to fight this one out. I'm not advocating walking around with a pistol in your hands, I'm simply sharing some interesting tidbit I was told about. :geek:

There is actually a movement in CA that is sponsored by a conservative radio station to open carry everywhere you go in CA (legally, that is) in an effort to have the voice of the people heard that they want less restrictive gun laws, and that they will continue to open carry until concealed carry permits are easier to get. I applaud their efforts... but I fear it is all in vain as CA legislators have consistently shown themselves to put their fingers in their ears and sing "La la la la la" at the tops of their lungs.
 #45351  by Dr. Eastwood
 
I love how in the first video, Officer Howe implies that the bars put up signs to keep kids carrying concealed guns from entering. Keys you in to the mentality of both those officers. Oh well, the best you can do is smile, do as you're told within reason, and be respectful. It will all be sorted out eventually.