Discussion about specific topics of Delaware law. Suggest new topics of discussion in General Discussion forum.
 #53572  by willyb1972020
 
I maped it out for Wilmington and its almost imposable to dive OC there. I am working on Newark now then Newcastle. O and did I hear right if you live within 1000' of a school you CAN'T own a gun. UUUUUUUUUUUUUUUUMMMMMMMMMMMMMMM Were is are rights now. :banghead: :banghead:
 #53576  by astro_wanabe
 
willyb1972020 wrote:O and did I hear right if you live within 1000' of a school you CAN'T own a gun.
I Am Not A Lawyer. No you are not correct. There are several exemptions in the Federal GFSZ Act. One of them states that if you live within 1000' of a school zone you can posess a gun on your privately owned property, but you must meet any one of the other exemptions listed the instant you step off private property. A few pages back I said you wouldn't be able to own a gun if you lived in a publicly owned housing complex. This is because the property is not "private" as the first exemption requires. I was not correct. Even if the property is publicly owned (public street, housing, etc.) you can still own and posess a firearm if you manage to fall under any one of the other exemptions, such as keeping the firearm unloaded and locked in a "container" or having a DE CCDW.

Here's the actual law:
18 USC 922(q)(2)(A) It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone.

(B) Subparagraph (A) does not apply to the possession of a firearm -
(i) on private property not part of school grounds;
(ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified
under law to receive the license;
(iii) that is -
(I) not loaded; and
(II) in a locked container, or a locked firearms rack that is on a motor vehicle;
(iv) by an individual for use in a program approved by a school in the school zone;
(v) by an individual in accordance with a contract entered into between a school in the school zone and the individual or an employer of the individual;
(vi) by a law enforcement officer acting in his or her official capacity; or
(vii) that is unloaded and is possessed by an individual while traversing school premises for the purpose of gaining access to public or private lands open to hunting, if the entry on school premises is authorized by school authorities.
 #53577  by Mr.Skellington
 
So if I'm reading correctly this whole thing spawns from the bastardized misuse of the interstate commerce clause. If so then if a gun manufacturer based inside this state sold its product locally then that law would hold no power over the gun owner since as written there is no interstate travel occurring at any point.

I seem to remember something like this occurring in Montana relatively recently.

Now we just need a decent gun manufacturer to set up production in DE.
 #53579  by Mr.Skellington
 
I made an off topic thread going further down the rabbit hole along the lines of my previous post so as to not sidetrack this thread.
Here's my new thread
viewtopic.php?f=38&t=5245
 #53584  by George
 
georgie c wrote:correct me if i am wrong, if you have ccdw you can carry in school zone but not in the school..but can you oc in the school zone with ccdw?
I have found nothing to prevent you legally from carrying concealed or openly on school grounds or inside the school as long as you have a Delaware ccdw
 #53592  by Hawkeye
 
Correct me if I am wrong. I have seen several posts where they refer to the school zone as schools in the k-12 range. I believe in the Delaware version of the "Safe School and Recreation Zone" they define schools to include technical schools, colleges and universities.
§ 1457 Possession of a weapon in a Safe School and Recreation Zone; class D, E, or F: class A or 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
 #53600  by astro_wanabe
 
I was refering above only to the Federal legislation, which only applies to K-12. You are correct that DE's law also applies to colleges & universities.

Delaware's law is not a complete prohibition for adults like the Federal GFSZ (juveniles are indeed banned completely). It only adds an additional charge if you commit a crime from a specific list within the Safe School & Recreation Zone. It's used to "throw the book at you" rather than as a stand-alone crime. You would have to be arrested and then charged under Federal law for mere posession of a firearm (that is otherwise legal, and if you don't fall under the exemptions).

Here's the full Delaware code (yes, it's a tad long):
Del. C. § 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 E 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 legitimate 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.

(h) This section shall not apply to any law enforcement or police officer, or to any security officer as defined in Chapter 13 of Title 24.

(i) For purposes of this section only, "deadly weapon" shall include any object described in § 222(6) or § 222(11) of this title or BB guns.

(j) The penalty for possession of a weapon in a Safe School and Recreation Zone shall be:
(1) If the underlying offense is a class B misdemeanor, the crime shall be a class A misdemeanor;
(2) If the underlying offense is an unclassified misdemeanor, the crime shall be a class B misdemeanor;
(3) If the underlying offense is a class E, F, or G felony, the crime shall be one grade higher than the underlying offense.
(4) In the event that an elementary or secondary school student possesses a firearm or other deadly weapon in a Safe School and Recreation Zone in addition to any other penalties contained in this section, the student shall be expelled by the local School Board or charter school board of directors for a period of not less than 180 days unless otherwise provided for in federal or state law.
 #56231  by astro_wanabe
 
I don't think I ever really did find an answer, so I'm just curious if anybody has come across case law or anything defining what "loaded" means in DE? Are loaded mags, seperate from rifle, ok or do the mags have to be empty too? Just wondering.
 #61363  by bluedog46
 
astro_wanabe wrote:I don't think I ever really did find an answer, so I'm just curious if anybody has come across case law or anything defining what "loaded" means in DE? Are loaded mags, seperate from rifle, ok or do the mags have to be empty too? Just wondering.

My understanding ( i could be wrong) without a ccdw you can have a loaded mag in a seperate place from the gun inself. I have heard in maryland both ways from differengt sources. One said a loaded mag is a no no. The other said that a loaded mag must in another part of the car. put the gun in the trunk and mag in the glove box.

I would like clarification myself.
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