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Confused about Delaware's preemption laws

Jersey Ron

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Is open carry with a recognized out-of-state license legal in Wilmington, DE? Also, where can I find these preemtion laws???







Thanks,



Jersey Ron
 

Mike

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DE's statutes are linked from the state page. A CHP appears to be irrelevant toopen carry in DE. There has been some discussion on these pages to identify localities with grandfthered open carry bans.
 

Jersey Ron

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Mike, when you say a CHP is irrelevant what does that mean? Can I carry open or not? Please forgive my ignorance in this matter.







Thanks,



Jersey Ron
 

Jersey Ron

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Mike, let me rephrase my question. From what I understand, one must have a license to carry open or concealed. However, I keep hearing about certain ordinances that are still in effect prior to 1986 or 1985, not really sure which year. But anyway, I'm specifically talking about Wilmington, DE. I can't find any data at all.







Thanks,



Ronnie
 

Mike

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Jersey Ron wrote:
Mike, let me rephrase my question. From what I understand, one must have a license to carry open or concealed.
I can find no source indicating that open carry requires any license in DE. Some DE localities though have grandfathered restrictions which can trip you up.
 

budda64_99

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Jun 19, 2006
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i open carry everywhere especially when driving through wilmington, im pretty certain you can carry open everywhere except dover, you cant even carry a bb gun there.
 

Jersey Ron

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I hear ya loud and clear as Wilmington is one of the worse places I've seen, pound for pound. Thanks for the information budda64!!







Jersey Ron
 

Riverdance

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budda64_99 wrote:
i open carry everywhere especially when driving through wilmington, im pretty certain you can carry open everywhere except dover, you cant even carry a bb gun there.
:question:OK - what exactly does that mean? I can understand if Dover has grandfathered lawsthat don't allow open carry, but I can still carry my 1911 .45 concealed with my Florida permit, right? I'm an open carry Virginian who's going to be in Dover for the next 6 weeks.
 

usmarine

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You DONT need a permit to open carry ANYWHERE in DE, but it isn't popular and the police may hassle you. Be VERY careful where you take your weapons, such as private businesses and such, they'll probably through a fit if you just walked in. I got kicked out of a walmart.
 

Mike

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BUT BUT BUT...

As best we here at OCDO can fugure, any local DE ordinances that were in effect at the time that preemption was passed (July 4, 1985) are still in effect and are NOT preempted.

So it would be best to research the local ordiances of any locality you plan to OC in before you go - that way, you can be most confident, calm,and clear headed when dealing with law enforcment or other busy bodies.

We are going to have to break in Delaware now...so get ready to do it gently - pretend you are Wally Cleaver from "Leave it to Beaver":

I.e., "Gee Officer, hope I did not make a mistake today - I double checked the state laws of Delaware and ther local ordiances of _____ and neither bans open carry. Can you tell me the statute or ordiance I am violating right now?"

or

"Well officer, no permit is required to open carry in Delaware but I happen to havemy permit to conceal my gun with me today - would you like to see it?"

Delaware needs more open carry - it might speed along shall issue legislation!
 

jimwyant

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Mebane, North Carolina, USA
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usmarine wrote:
You DONT need a permit to open carry ANYWHERE in DE, but it isn't popular and the police may hassle you. Be VERY careful where you take your weapons, such as private businesses and such, they'll probably through a fit if you just walked in. I got kicked out of a walmart.
Welcome to OCDO, usmarine!! Thanks for the advice. I do have one comment regarding your experience at Wal-Mart. The general consensus posted here is that Wal-Mart Corporate normally sides with local law - if you aren't breaking the law by OC'ing, then Corporate doesn't usually have a problem with it, unless you're acting in a manner that upsets other customers. Some local manager-types may not like it, and may give you the boot out the door initially, but a quick communiqué to Corporate normally results in an attitude adjustment and an apology on the part of the manager, and no hassles on future visits. Check out the discussion on a situation in a Hampton, VA Wal-Mart:

http://opencarry.mywowbb.com/view_topic.php?id=184&forum_id=54
 
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