Suppressors Concealed Carry in DE (School Zone Laws)

[generalzip]

So...I'm waiting on my handgun purchaser card in NJ(you must apply for one every time you want to buy a handgun and it takes a month to get it) and I have also applied for my concealed carry non-resident in FL. I have already ordered a Crossbreed holster for the Glock 23 I plan on purchasing. I live in DE in the summer which has reciprocity with FL. However, here's my question.

I have been reading nonstop about all the carry laws in DE however I am a bit confused about the carry laws concerning School Zones and places that serve alcohol. While I am pretty sure it is legal to carry in a restaurant that serves alcohol I was wondering about a straight up bar or a part of a restaurant that is a bar. I do not plan on consuming alcohol EVER while carrying, but I go out with my gf's brothers a lot and end up having to drive them home and would like to carry.

Also concerning the school the Gun Free School Zone act of 1995 makes it illegal to carry within 1000 feet (an absurd distance) from any pro pert line of any PRIMARY or SECONDARY school. What about Tertiary schools??? AKA Colleges and universities. I frequently travel to Main street which is technically on University of Delftware property. If anyone knows if this is legal or illegal please let me know the last thing I need is a felony charge....Thanks in advance and sorry for the novel.

 

[Zevdogs]

Re: Concealed Carry in DE (School Zone Laws)

Ohh man I feel bad for you I'm from Utah and the only place I can't take my concealed pistol is through airport security and like state ore federal courts
I carry my 9mm all the time to my local collage .... and as long as I'm not drunk I can carry in bars
We even have some students that open carry on campus because state law doesn't  say it must be concealed

 

 

[Jerry m]

Re: Concealed Carry in DE (School Zone Laws)

Have you tried contacting the DE State Rifle and Pistol Association? It may lead to a more accurate answer.

Good luck

Jerry

 

[fasteddie565]

Re: Concealed Carry in DE (School Zone Laws)

Here are some links: Google is your friend. While there are some learned folks posting here, the court will not accept "Some dude on Sniper's hide said it was cool Your Honor!" as a defense.

http://attorneygeneral.delaware.gov/crime/concealedweapons.shtml

http://www.usacarry.com/delaware_concealed_carry_permit_information.html

 

[generalzip]

Re: Concealed Carry in DE (School Zone Laws)

Yeah I already read both of those and the first link only talks about reciprocity and the second link is blank in the space that says places off limits when carrying. I can't find a true list of restricted areas anywhere! I

 

[Jim_D303]

Re: Concealed Carry in DE (School Zone Laws)

Not going to comment on the Alcohol stuff, as I'm not sure.

Re: schools...you don't have to drive out of your way because you're carrying. There is a difference between going to a school play or a football game, and driving past on your way to work.

The school can't be your destination, essentially.

PA is the same way. Area's with high population densities like Northern DE or SE PA have schools damn near every 5 square miles. You couldn't go anywhere in either state if you had to drive around them by 1000 feet.

DE has a lot of places that are off limits for carry, unfortunately. PA is great though.

 

[generalzip]

Re: Concealed Carry in DE (School Zone Laws)

So what if I'm running an errand or at a shopping center that's within 1000 ft of a school zone? Is that ok?

 

[LoneWolfUSMC]

Re: Concealed Carry in DE (School Zone Laws)

Now you see the problem with "Letter of the Law" versus "Intent of the Law".

<span style="font-weight: bold">Asking for opinions on a web forum is unwise. You should ask the opinion of your local prosecutors office and of legal council.</span>

I can tell you my "opinion" is that is doesn't matter unless you are doing something that causes you to come in contact with local law enforcement in a manner that would result in a search of your person. If that were to occur, it would then matter if the officer in question were to decide that you were a big enough of a problem to enforce the "Letter of the Law".

The "Intent" of those laws is to keep kids safe. The distance is arbitrary in an attempt to cover all situations. If you are not at the school, not going to the school and not attending a school function, then you are not violating the "Intent" of the law.

However I has sat through many a court case that was decided upon the "Letter of the Law".

 

[Graham]

Re: Concealed Carry in DE (School Zone Laws)

Graham's Rule #1 applies.

 

[generalzip]

Re: Concealed Carry in DE (School Zone Laws)

I'm just going to contact Delaware State police about this matter directly. I have a feeling that even they will not know, or just say I can't in order to be on the safe side. Neither of which is the answer I want to hear which is the truth.

 

[LoneWolfUSMC]

Re: Concealed Carry in DE (School Zone Laws)

I really, REALLY suggest you ask an attorney and not a cop.

Think about it. If they are sitting at a desk answering incoming phone calls....you think that's the sharpest the DE State Police have to offer? It's no bash against that department, it's true anywhere. You will have officers that can recite traffic code by heard but ask them about a weapons code and they will give you a BS answer because they don't want to look bad. I have seen it, had to correct it and had to deal with the aftermath. On several occasions I have used "discretion" to correct a citizen and send them home. Another officer may have decided to lock them up and let the judge sort it out.

Don't bet your freedom on this. It will bite you in the ass.

 

[generalzip]

Re: Concealed Carry in DE (School Zone Laws)

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: LoneWolfUSMC</div><div class="ubbcode-body">I really, REALLY suggest you ask an attorney and not a cop.

Think about it. If they are sitting at a desk answering incoming phone calls....you think that's the sharpest the DE State Police have to offer? It's no bash against that department, it's true anywhere. You will have officers that can recite traffic code by heard but ask them about a weapons code and they will give you a BS answer because they don't want to look bad. I have seen it, had to correct it and had to deal with the aftermath. On several occasions I have used "discretion" to correct a citizen and send them home. Another officer may have decided to lock them up and let the judge sort it out.

Don't bet your freedom on this. It will bite you in the ass. </div></div>

I couldn't agree more, however I don't really feel like spending money on hiring an attorney to answer a few of my questions. I'd rather just not carry on main street than pay an absurd amount of money to have a questions answered.

 

[Jim_D303]

Re: Concealed Carry in DE (School Zone Laws)

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: generalzip</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: LoneWolfUSMC</div><div class="ubbcode-body">I really, REALLY suggest you ask an attorney and not a cop.

Think about it. If they are sitting at a desk answering incoming phone calls....you think that's the sharpest the DE State Police have to offer? It's no bash against that department, it's true anywhere. You will have officers that can recite traffic code by heard but ask them about a weapons code and they will give you a BS answer because they don't want to look bad. I have seen it, had to correct it and had to deal with the aftermath. On several occasions I have used "discretion" to correct a citizen and send them home. Another officer may have decided to lock them up and let the judge sort it out.

Don't bet your freedom on this. It will bite you in the ass. </div></div>

I couldn't agree more, however I don't really feel like spending money on hiring an attorney to answer a few of my questions. I'd rather just not carry on main street than pay an absurd amount of money to have a questions answered.</div></div>

I would send the state AG a request for opinion on it. No need to hire a lawyer.

 

[HillbillyfromAL]

Re: Concealed Carry in DE (School Zone Laws)

I'd suggest asking a Sheriff or State Trooper next time your up there. They are usually more knowledgeable when it comes to carry laws. The blanket school zone laws are for k-12 not Colleges. However laws vary alot, and asking an attorney is the best option, especially if you get it writing, if it's not in writing then it's hear say. The 1,000 ft of a designated school zone wouldn't mean you couldn't carry when you dropped your kids off at school, if you got out of your car then you'd have to leave it locked in a glovebox or something. If your at another establishment that is within the 1,000 ft that would depend on the states legal point of view on that. That's the question that you'd want to seek legal advice on.