Discussion about specific topics of Delaware law. Suggest new topics of discussion in General Discussion forum.
 #73439  by scampbell3
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.

 #73452  by stephpd
You'll also notice that 'in plain view' is from the bench (in a court decision) and not from any written law. In particular it came from one of the gun cases listed in this subsection. In that case it was cold out . Pulled over the police, for some unexplained reason, told the defendant, a passenger, to get out of the car. The person got out, saw the gun on the seat then took off his coat to cover up the gun, making it not in plain view. Since there are concealed carry laws, but none for open carry the court 'explained' that the defendant didn't have a CCDW and that's what they were charging them with by extending that law to include what had been done to hide or conceal the weapon from the police.

Now there are laws about a loaded firearm (shotgun rifles and such) in another section dealing more with hunting. In that case it says they can't even be loaded and leaning up against any vehicle or farm equipment.

Kinda of a way to bypass the criminal potions of the state code by making it a fine with no criminal violations.
 #80423  by Kuntryboy816
So I've read through this thread and wanted to get y'alls thoughts on this setup. I drive a Jeep Wrangler and every part of the vehicle is accessible from the drivers seat. I do not have a dash, a glovebox, a trunk, etc. I do have a center console that locks but from my findings here that is out of the question until I obtain a CCDW. I originally bought this Bulldog holster but quickly switched to a BH Serpa. I do not prefer to just lay my sidearm on the passenger seat for a couple of reasons... 1. It's not at all secured 2. In order to keep the muzzle pointed in a safe direction it must be facing rearward which points it directly down at my fuel tank. As I was experimenting with some different set ups I came up with this. The holster clip is secured by the console lid (very firmly) and it points the muzzle straight down through the floorboard. With the retaining strap secured I could roll the Jeep and it would never move. The rear of the pistol and grip are completely visible without me in the drivers seat and completely from passenger side. Thoughts on whether an officer would consider it concealed if he was unable to see it around my belly?
 #80429  by NormH3
I'm no expert, but if the officer approaches from the driver side while you're seated, I don't see how he would ever see the firearm. Assuming you don't have a passenger, how about a shoulder harness of some sort attached to the backrest of the passenger seat. (the part facing frony)
 #80460  by nonuser
Just a suggest. If it was me I would screw a button snap into the dash area. Hang it up by the thumb snap. Locktight if it is loose. Thats what I would do. .....Having it on the side like that might not go very well.
 #80940  by Kuntryboy816
Alrighty, so I've brainstormed a few ideas and I decided to go with this setup. Using the same Bulldog nylon holster I originally purchased, I did some modifications and fabbed up my transport holster. I drilled 2 mounting holes in the metal belt clip. The 1st holes ony big enough for the screws shank to go thru. The 2nd (outer) hole is big enough for the head of the screw to go thru. The clip is very strong steel b/c it snapped 2 bits drilling out the holes. I then screwed the clip to the dash and reattached the nylon holster. It was still a bit too wobbly so another screw thru the nose of the nylon (muzzle side) to hold the muzzle end from swinging around. The metal clip opened up a little from the heat and pressure while drilling. I pulled the open end closed and slid a cotter pin into it. Very tight and firm fit that won't open unless I remove the pin.

This holster only cost me $15 so modding it didn't hurt the piggybank. The holster will not pull out of the dash as it is screwed into the metal substructure. Here's 2 views... Door open and plainly visible and door closed with perspective of a LEO walking up to my drivers door.
 #80954  by Kuntryboy816
myopicvisionary wrote:Oh my head hurts now.
:lol: Whys that? Post too long?
 #80960  by myopicvisionary
Remembering tedious legal briefs from the Provost Marshal.
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