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Hawker
Member
| Joined: | Sat Apr 12th, 2008 |
| Location: | Dover, Delaware USA |
| Posts: | 81 |
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Posted: Sat Aug 30th, 2008 08:12 pm |
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This question is for Rob -
Is it legal to conceal carry in Dover Parks and DE State Parks? The local ordinance and state info from DNREC looks like it says no. What say you?
Here's what Dover code (in Parks and Recreation section) says:
Sec. 74-24. Dangerous weapons
Carrying or possessing, while in any area covered by this chapter, a gun, air gun, bow and arrow, sling, dart, projectile thrower, knife with a blade more than three inches long, or any other dangerous weapon is prohibited, and nothing in this section shall be construed so as to prevent the use of target ranges, and the use of bows and arrows by park visitors on officially established archery ranges.
(Ord. of 12-8-1975, § 2(21-8.15(4), (5), 21-15); Code 1981, § 15-24)
Delaware State Park Regs:
24.3
It shall be unlawful to display, possess or discharge firearms of any description, air rifles, B.B. guns, sling shots or archery equipment upon any lands or waters administered by the Division, except by those persons lawfully hunting in those areas specifically designated for hunting by the Division, or except with prior written approval of the Director.Last edited on Sat Aug 30th, 2008 08:14 pm by Hawker
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Wynder
State Researcher
| Joined: | Tue Jul 31st, 2007 |
| Location: | Bear, Delaware USA |
| Posts: | 1234 |
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Posted: Fri Sep 19th, 2008 09:09 pm |
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Sorry about the slow response -- haven't been checking here as often.
Dover looks like no carry. Delaware State parks are off-limits. DENRC regulations wouldn't normally be enforceable by law, however, its given enforceability by law per §4701(4).
Hawker wrote:
This question is for Rob -
Is it legal to conceal carry in Dover Parks and DE State Parks? The local ordinance and state info from DNREC looks like it says no. What say you?
Here's what Dover code (in Parks and Recreation section) says:
Sec. 74-24. Dangerous weapons
Carrying or possessing, while in any area covered by this chapter, a gun, air gun, bow and arrow, sling, dart, projectile thrower, knife with a blade more than three inches long, or any other dangerous weapon is prohibited, and nothing in this section shall be construed so as to prevent the use of target ranges, and the use of bows and arrows by park visitors on officially established archery ranges.
(Ord. of 12-8-1975, § 2(21-8.15(4), (5), 21-15); Code 1981, § 15-24)
Delaware State Park Regs:
24.3
It shall be unlawful to display, possess or discharge firearms of any description, air rifles, B.B. guns, sling shots or archery equipment upon any lands or waters administered by the Division, except by those persons lawfully hunting in those areas specifically designated for hunting by the Division, or except with prior written approval of the Director.
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Hawker
Member
| Joined: | Sat Apr 12th, 2008 |
| Location: | Dover, Delaware USA |
| Posts: | 81 |
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Posted: Mon Sep 22nd, 2008 10:51 pm |
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Wynder wrote: Sorry about the slow response -- haven't been checking here as often.
Dover looks like no carry. Delaware State parks are off-limits. DENRC regulations wouldn't normally be enforceable by law, however, its given enforceability by law per §4701(4).
Rob, Thanks for the update. I read it like that as well. I was looking (hoping I suppose) for a state preemption, but never found one.
Take care
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Wynder
State Researcher
| Joined: | Tue Jul 31st, 2007 |
| Location: | Bear, Delaware USA |
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Posted: Tue Sep 23rd, 2008 01:20 am |
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Well, there're two preemptions that I've found for Delware.
County Firearms Preemption: At the county level: this would seem to apply to any county ordinances regardless of when they were enacted.
§ 330. General powers and duties.
(c) The county governments shall enact no law or regulation prohibiting, restricting or licensing the ownership, transfer, possession or transportation of firearms or components of firearms or ammunition except that the discharge of a firearm may beregulated; provided any law, ordinance or regulation incorporates the justification defenses as found in Title 11 of the Delaware Code.
Municipal Firearms Preemption: This, on the other hand, has the 1985 stipulation.
§ 111. Limitation on firearm regulations.
The municipal governments shall enact no law, ordinance or regulation prohibiting, restricting or licensing the ownership, transfer, possession or transportation of firearms or components of firearms or ammunition except that the discharge of a firearm may beregulated; provided any law, ordinance or regulation incorporates the justification defenses as found in [tit. 11, §§ 461‐471]. Nothing contained herein shall be construed to invalidate municipal ordinances existing before July 4, 1985, and any ordinance enacted after July 4, 1985, is hereby repealed. Notwithstanding the provisions of this section to the contrary, the City of Wilmington may, in addition to the nature and extent of regulation permitted by this section, enact any law or ordinance governing the possession or concealment of a paintball gun within its corporate limits as it deems ecessary to protect the public safety.
"Municipal governments" include all cities, towns and villages created under any general or special law for general governmental purposes, which possess legislative, administrative and police powers for the general exercise of municipal functions and which carry on such functions through a st of officials, and all unincorporated towns. Tit. 22, Chapter 1.
Regardless, there's no state-level preemption that would override §4701(4) that gives DNREC the power to enforce their regulations. However, if I recall, the penalty is just a fine.
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Hawker
Member
| Joined: | Sat Apr 12th, 2008 |
| Location: | Dover, Delaware USA |
| Posts: | 81 |
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Posted: Wed Sep 24th, 2008 02:32 am |
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| Thanks for looking into this and posting your info. Much appreciated.
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