Why a concealed carry permit is Almost useless - Part 2 - it's not true

harr2969 · November 13, 2013, 03:07 PM

The original poster in this thread felt that the limitations of our system were so pervasive (12 years ago) that it was not worth getting a concealed carry permit in Delaware. There seem to be some misunderstandings that were never addressed in that thread. Since it has such a high rating in Google's search results right now, I wanted to provide an update and links for more detail not previously provided. The moderators have kindly agreed to link here.

First, if you were licensed for carry, you would/should be aware that "gun free" zones as written do have several exclusions and exceptions that apply. The specific one I want to call to your attention is 922.q.2.b.ii which applies to qualified licensed carriers in their home states.

The Gun Free School Zones Act of 1990 states:

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.

Second, as we continue looking at the law, you should also know Delaware code does not define an offense for carrying in a school zone unless also committing another offense: (*emphasis* below is mine)

§ 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.

If you're interested in protecting yourself in Delaware, join us at http://www.deloc.org (DE is an open carry state) or leverage other sites with discussion focused on our state laws, for example: http://deccw.com/ or http://forum.opencarry.org/forums/fo...hp?91-Delaware.

Remember:
1. Carrying a gun is easier than carrying a cop.
2. When seconds count, police are only minutes away!
3. Criminals love "gun free" zones!

JH

November 13, 2013, 03:07 PM	#1
harr2969 Junior Member Join Date: November 13, 2013 Posts: 1	Why a concealed carry permit is Almost useless - Part 2 - it's not true The original poster in this thread felt that the limitations of our system were so pervasive (12 years ago) that it was not worth getting a concealed carry permit in Delaware. There seem to be some misunderstandings that were never addressed in that thread. Since it has such a high rating in Google's search results right now, I wanted to provide an update and links for more detail not previously provided. The moderators have kindly agreed to link here. First, if you were licensed for carry, you would/should be aware that "gun free" zones as written do have several exclusions and exceptions that apply. The specific one I want to call to your attention is 922.q.2.b.ii which applies to qualified licensed carriers in their home states. The Gun Free School Zones Act of 1990 states: 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. Second, as we continue looking at the law, you should also know Delaware code does not define an offense for carrying in a school zone unless also committing another offense: (emphasis below is mine) § 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. If you're interested in protecting yourself in Delaware, join us at http://www.deloc.org (DE is an open carry state) or leverage other sites with discussion focused on our state laws, for example: http://deccw.com/ or http://forum.opencarry.org/forums/fo...hp?91-Delaware. Remember: 1. Carrying a gun is easier than carrying a cop. 2. When seconds count, police are only minutes away! 3. Criminals love "gun free" zones! JH