Does anyone know how to carry in a car legally in Delaware? I hate having to take it out of my holster, unload and keep in the glove box. It also doesn't look right when I load in my car. Please I need some ideas.
Unless you have your CCDW, DON'T put it in the glove box. This is carrying concealed per the text of the statute:Does anyone know how to carry in a car legally in Delaware? I hate having to take it out of my holster, unload and keep in the glove box. It also doesn't look right when I load in my car. Please I need some ideas.
Your first paragraph is dead-on. If you don't have a CCDW License, and the cop can't see it, you're in deep trouble.If it's loaded and anywhere in the passenger compartment that is not in plain view you would be considered in (at least) constructive possession of it and thus would be possessing a concealed deadly weapon w/o a permit.
Dave, did the State AG's office tell you that if it's holstered it's not open carry? That's strange. If holstered on your hip is "open" then holstered and on the dash / seat of your car should be just as "open."
Also, if it's in the trunk can it be transported in whatever condition I feel like? I.E., loaded / unloaded & cased / uncased? (only in-state of course)
Concealing a weapon in Delaware is "on or about" the person which generally refers to the readiness and the 'at handidnes' of the weapon. So, if an officer wants to argue that you can make the weapon ready in a short period of time by hopping out of the car (or reaching in back of a hatchback style vehicle), he can use that reason for arrest if you don't have your CCDW.Also, if it's in the trunk can it be transported in whatever condition I feel like? I.E., loaded / unloaded & cased / uncased? (only in-state of course)
Statutorily, there's not distinction about it being loaded or not -- in some states, they use a benchmark such as "Can be made 'ready' within 30 seconds or one minute", but yeah, it would certainly be a factor as to its readiness depending on the location of the items in the car.I'm pretty sure an unloaded gun in those positions would be ok, although you might need to check the transportation laws. If you store the gun and a mag in close proximity without being locked up, they may consider it almost loaded. That on top of being nearby might still get you in trouble.
I use the paddle holster attachment on my SERPA -- this would be a great idea for that... Clip the seatbelt on and slide it over the shoulder harness portion.I have an idea for keep the gun secure in the passenger seat. Use the passenger seatbelt. If you have a paddle holster or anything with a belt clip (as opposed to loops), you should be able to secure it to either of the passenger seatbelt straps. Just close the passenger seatbelt on the empty seat and clip it on. If the holster needs a wider belt, then fold the seatbelt over widthwise. It probably won't be perfect, but it'll be better than having the go flying somewhere in the first hard stop.
I was thinking more along the lines of "holstered" but not on your belt. I.E. holstered and sitting on the seat / dash. A steel & aluminum gun will scratch up your dash, a nylon holster wont. It's also less likely to slide around if it's in a holster.gotarheels03 wrote:. It's not that strange though, because, simply, when a cop is next to your window talking to you, he CAN'T easily see your holstered gun no matter which side it's on. Which is why they want it on the passenger seat or the dash - so they can see it easily.If it's loaded and anywhere in the passenger compartment that is not in plain view you would be considered in (at least) constructive possession of it and thus would be possessing a concealed deadly weapon w/o a permit.
Dave, did the State AG's office tell you that if it's holstered it's not open carry? That's strange. If holstered on your hip is "open" then holstered and on the dash / seat of your car should be just as "open."
Also, if it's in the trunk can it be transported in whatever condition I feel like? I.E., loaded / unloaded & cased / uncased? (only in-state of course)
I doubt it. If it's a "firearm" then it's a "deadly weapon" under the law. The law makes no reference to the condition of the weapon, just that you were in possession of a concealed deadly weapon w/o a permit. If you were carrying just a pistol frame concealed on your person or in your car you'd still be breaking the law, since the frame alone is legally considered a "firearm"I'm pretty sure an unloaded gun in those positions would be ok, although you might need to check the transportation laws. If you store the gun and a mag in close proximity without being locked up, they may consider it almost loaded. That on top of being nearby might still get you in trouble.
While the law makes no reference to the condition of a weapon, there is case law to back what you're saying -- these are also available in the Delaware Firearms Law PDF document I've provided on these forums:I doubt it. If it's a "firearm" then it's a "deadly weapon" under the law. The law makes no reference to the condition of the weapon, just that you were in possession of a concealed deadly weapon w/o a permit. If you were carrying just a pistol frame concealed on your person or in your car you'd still be breaking the law, since the frame alone is legally considered a "firearm"
Cite to authority?As far as "legal" open carry in your car... according to the AG's office (and the County Police), you must unholster it and either put it on the passenger seat or on the dashboard.
What does the DE statute say? Case law?If it's loaded and anywhere in the passenger compartment that is not in plain view you would be considered in (at least) constructive possession of it and thus would be possessing a concealed deadly weapon w/o a permit.
Case law:gotarheels03 wrote:What does the DE statute say? Case law?If it's loaded and anywhere in the passenger compartment that is not in plain view you would be considered in (at least) constructive possession of it and thus would be possessing a concealed deadly weapon w/o a permit.
My comments - in most or all states: (1) Whether the gunis loaded has nothing to do with unlawful concealment! (2) Possessing a gun outside one's "wingspan," even in a vehicle passenger compartment, means the gun is not "about your person. (3) A locked container usualy means that the gun is not about your person (i.e., locked suitcase walking thru airport to check suitcase.