If you have a particular encounter with another citizen or LEO, post it here.
 #91183  by Kuntryboy816
 
Interesting!! I wish I had that information previously. I guess I'll be staying away from the parks. :banghead: Dang-it-all!!! Is there anyplace we can go w/o all the legislative BS?!?!? Looks like I will be acquiring a playground for my kids in the future.
 #91186  by Owen
 
Kuntryboy816 wrote:Interesting!! I wish I had that information previously. I guess I'll be staying away from the parks. :banghead: Dang-it-all!!! Is there anyplace we can go w/o all the legislative BS?!?!? Looks like I will be acquiring a playground for my kids in the future.
I know right. I know a guy who had this happen to him at Omalanden. But the range officer let me off the hook and I put it away in my trunk, I mean the guy put it in his trunk, I mean, aww crap! ;)

It does point out the many things we need to know to OC. To be honest, I think they are all BS because we all "own" public property.
 #91193  by stephpd
 
It's an illegal law in that it was made law after preemption.
They may arrest you but the possibility of a conviction is slim to nil.
NCC refuses to address the issue.

It's been on the home page of this forum for a long time.
http://deloc.org/
 #91199  by myopicvisionary
 
Wasn't there a thread here on this subject where the county attorney stated that they know the ordinance is illegal and therefore they cannot prosecute. I thought I remember him saying that the next housekeeping of the county code would have it removed.
 #91204  by Boots
 
Kuntryboy816 wrote:Interesting!! I wish I had that information previously. I guess I'll be staying away from the parks. :banghead: Dang-it-all!!! ....
Why? It's an illegal Newark law and the cops know it. If you were arrested I think you'd have a case against them for illegal arrest.
 #91209  by Kuntryboy816
 
Boots wrote:
Kuntryboy816 wrote:Interesting!! I wish I had that information previously. I guess I'll be staying away from the parks. :banghead: Dang-it-all!!! ....
Why? It's an illegal Newark law and the cops know it. If you were arrested I think you'd have a case against them for illegal arrest.
I was thinking more of the possibility that this may hinder or prevent me from obtaining a CCDW in the future should an arrest be made. Also an arrest may be detrimental to my job status as I work in security. There's a possibility it would lead to revocation of my security license.

Maybe I'm thinking too hard about this...
 #91211  by stephpd
 
Kuntryboy816 wrote:
Boots wrote:
Kuntryboy816 wrote:Interesting!! I wish I had that information previously. I guess I'll be staying away from the parks. :banghead: Dang-it-all!!! ....
Why? It's an illegal Newark law and the cops know it. If you were arrested I think you'd have a case against them for illegal arrest.
I was thinking more of the possibility that this may hinder or prevent me from obtaining a CCDW in the future should an arrest be made. Also an arrest may be detrimental to my job status as I work in security. There's a possibility it would lead to revocation of my security license.

Maybe I'm thinking too hard about this...
I believe they used it against one of our members when they tried to get a a CCDW.

And the Newark one has been fixed. This is the county one that hasn't been fixed since Wynder posted it at the very beginning. There have been a few folks involved with trying to get it removed over the years but nothing gets done.
 #91212  by Red Alert
 
stephpd wrote:
Kuntryboy816 wrote:Taken from my OC Log....
Kuntryboy816 wrote:September 20th



Her: I hate to bring this up :roll: but you're not allowed to carry a weapon here... I know b/c I OC too.
Me: I am sure you are misinformed ma'am. This is a county park and there are no laws restricting the open carry of firearms.
Her: Oh yes there is! There is a law on the books saying you can't.
Me: Are you referring to the ordinance for City of Newark parks, which by the way is an illegal ordinance? Or are you referring to the statute pertaining to lands controlled by DNREC? Neither of these two apply to this park as it is a county park.
Her: It's on the books.
Me: So where can I find this law? I have done extensive research and to my knowledge no such law exists and I am perfectly legal to OC here at this park. If I were not then I would not be here.
Her: No you can't! It's on the books, I'm telling you.

She's actually correct. It's still on the books;

Sec. 24.01.014. Possession of certain knives; discharge of weapons.

No person shall carry a knife upon his or her person having a blade three (3) inches or longer in length or have possession of or discharge a BB gun, air rifle, pistol, firearm, paint ball gun, bow and arrow or any other type of lethal weapon in any park.

http://library.municode.com/index.aspx?clientId=14845

I thought so too. As I am not as experience or knowledgeable as most of the folks here, I was quite surprised and somewhat dissapointed of the amount of applause everyone was giving this fella. It is on the books that no firearms are to be carried in New Castle County parks. Right or wrong, if it's posted or listed it should be followed. That's were a CCW comes into play...
 #91219  by stephpd
 
Red Alert wrote: I thought so too. As I am not as experience or knowledgeable as most of the folks here, I was quite surprised and somewhat dissapointed of the amount of applause everyone was giving this fella. It is on the books that no firearms are to be carried in New Castle County parks. Right or wrong, if it's posted or listed it should be followed. That's were a CCW comes into play...
Or to get actively involved with pushing this issue again.
Making calls, email, attending NCC meetings and making your voice heard.
And the need for the county to start obeying state laws.
Because a CCDW isn't an exemption.
 #91225  by Kuntryboy816
 
stephpd wrote:I believe they used it against one of our members when they tried to get a a CCDW.

And the Newark one has been fixed. This is the county one that hasn't been fixed since Wynder posted it at the very beginning. There have been a few folks involved with trying to get it removed over the years but nothing gets done.
It was metioned here....
Somebody wrote:
First-OR-Last wrote:What charge would they be able to attach to your record? A charge for having a weapon or some sort of charge for standing up to the police?...
I didn't "stand up to the police." I was asked to either secure my weapon in my vehicle and continue to enjoy the park, OR leave. I chose to leave without incident. No charges were filed or involved.

But I also chose to file a formal complaint (via NCC police) about being asked to leave despite the law against firearms in County parks being illegal. I had the email from the County Prosecutor stating he knew the ordinance was illegal and wouldn't press charges against anyone carrying in a County park. The officer who asked me to leave cared nothing about that email or that the ordinance was illegal. Neither did the person in charge of the complaint department (in his letter back to me he was in shock that I wasn't arrested in the park that instant).

BUT, more importantly, the judge who was presiding over my CCDW hearing made a point to mention that the park incident was actually noted in my records (which he was using in his determination of my CCDW application), and he was most displeased that I "broke the law" and he wasn't sure if I made a habit of it. Nevermind the fact that I pointed out that the ordinance was illegal in the first place. The judge didn't acknowledge that tidbit of info. So I was denied a CCDW not once (original application) but twice (during the hearing).

So, be careful what you complain about. I thought I was doing the right thing. Never thought it would come back and bite me in the :censored:.
Last edited by Kuntryboy816 on Thu Sep 26, 2013 11:02 am, edited 1 time in total.