Wynder
State Researcher
imported post
Effective May 12, 2008, Newark's vague firearms ordinance was changed. The new one reads:
Sec. 31-3. Carrying weapons; display of weapon.
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State law reference--As to carrying concealed deadly weapons, see 11 Del. Code Anno. § 461 (1953). Decisional law reference--As to definition of "deadly weapons", see State v. Jones, 22 Del. 174 (1906). As to burden of proving license for concealed weapon, see State v. Sockum, 29 Del. 350 (1917).
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For all offenses committed after the effective date of this ordinance which involve the open carrying or concealed carrying or display or threatened use of any deadly weapon, dangerous weapon, or dangerous instrument as those terms are defined at 11 Del. C. Sec. 222, or any successor statute thereto, such offense shall be charged and prosecuted under applicable statutes in the Delaware Criminal Code. (Ord. No. 08-08, Amend. No. 1, 5-12-08)
Previously, the ordinance skewed the lines between display and concealment; however, outside of the still-existing illegal city park ordinance, defering to Title 11 standardizes carrying within the City of Newark.
As always, Newark is still a minefield of school zones -- carry safely and carry with caution.
Effective May 12, 2008, Newark's vague firearms ordinance was changed. The new one reads:
Sec. 31-3. Carrying weapons; display of weapon.
__________
State law reference--As to carrying concealed deadly weapons, see 11 Del. Code Anno. § 461 (1953). Decisional law reference--As to definition of "deadly weapons", see State v. Jones, 22 Del. 174 (1906). As to burden of proving license for concealed weapon, see State v. Sockum, 29 Del. 350 (1917).
__________
For all offenses committed after the effective date of this ordinance which involve the open carrying or concealed carrying or display or threatened use of any deadly weapon, dangerous weapon, or dangerous instrument as those terms are defined at 11 Del. C. Sec. 222, or any successor statute thereto, such offense shall be charged and prosecuted under applicable statutes in the Delaware Criminal Code. (Ord. No. 08-08, Amend. No. 1, 5-12-08)
Previously, the ordinance skewed the lines between display and concealment; however, outside of the still-existing illegal city park ordinance, defering to Title 11 standardizes carrying within the City of Newark.
As always, Newark is still a minefield of school zones -- carry safely and carry with caution.