Safe school zones

[subprime26]

I need to double check the laws here, but I kind of just assumed if you carry anywhere it is illegal to carry, you have committed a crime. Not talking about somewhere the owner doesn't want you to carry, I'm talking about somewhere the law specifically states you are not allowed to carry. Court house, government building, etc.

[sandetl]

I need to double check the laws here, but I kind of just assumed if you carry anywhere it is illegal to carry, you have committed a crime. Not talking about somewhere the owner doesn't want you to carry, I'm talking about somewhere the law specifically states you are not allowed to carry. Court house, government building, etc.

Yes check out your own state and states you travel in for sure. Some it is a crime, for instance Oklahoma. Others it is not unless you refuse to leave, like Missouri. To find out you have to actually pull up the state statutes themselves and see what if any is the penalty or punishment for carrying concealed into the list of places they say not to conceal in. I would definitely not do this in government buildings, courthouses, police stations, etc, no matter what.

[sandetl]

I am also not condoning carrying where the law doesn't allow, just that as you review handgun laws, review all of them not just the little bits that the maps provide you. You will want to know all the information in case you forget to remove your gun or know that you don't want to forget to do this in case your concealed carry is in jeopardy also or you incidentally commit a crime in that scenario because you didn't think of it, didn't see a sign, etc.

[Delmartom45]

After reading the post on school zones it seems that we need clarification. What if you live in a school zone, say across the street from a High School? Are you allowed to carry open or concealed on your own property? What about driving through a school zone and are stopped for speeding, can you be arrested for carrying open or concealed. I have contacted the A.G. before and he responded to me. I'll contact him on this issue and let you know.

I sent this e-mail to DE. State Attorney General several days ago but have yet to receive a reply. Today is 1/29/17

Dear Attorney General Matt Denn,

My name is Thomas XXXXXX, and I live in lower Delaware Sussex County. I am a CCDW holder and would like to ask you a few questions concerning conceal carry and school zones. I ask these questions on behalf of many Delawareans with CCDWs and who wish to stay in compliance with the law. This subject came up during one of our forums. Questions concerning the Delaware code below.
1. Does this law apply to CCDW permit holders?
2. If so does this law apply to driving though a school zone?
3. Concerning paragraph (g) below, how does this apply to a private residence owned by a family with minor childen?

I appreciate the fact that you are extremely busy but if you would be so kind as to take some time to help avoid unintentional violations of the law, it would be greatly appreciated.

Delaware Code Title 11. Crimes and Criminal Procedure § 1457. Possession of a

weapon in a Safe School and Recreation Zone;  class D, E, or F felony;  class A

or B misdemeanor -

(g) It is an affirmative defense to prosecution for a violation of this section

that the prohibited conduct took place entirely within a private residence, and

that no person under the age of 18 was present in such private residence at any

time during the commission of the offense.  The affirmative defense established

in this section shall be proved by the defendant by a preponderance of the

[Delmartom45]

It took a very long time to finally get an answer to the question about safe school zones. I was contacted by Delaware State Senator Dave Lawson. He explained the code to me stating that these violations do not apply if you have a valid CCDW permit. Section 1442 is listed under Section 1457. Section 1442 states that it is a violation to carry a concealed weapon for anyone that does not have a valid permit. Once you have the permit the Section 1457 does not apply. That is the way he explained it to me.
Delmartom45

[bigdave2212]

It took a very long time to finally get an answer to the question about safe school zones. I was contacted by Delaware State Senator Dave Lawson. He explained the code to me stating that these violations do not apply if you have a valid CCDW permit. Section 1442 is listed under Section 1457. Section 1442 states that it is a violation to carry a concealed weapon for anyone that does not have a valid permit. Once you have the permit the Section 1457 does not apply. That is the way he explained it to me.
Delmartom45

Hey man, thanks for the update! I appreciate your time in getting some clarity.

Sent from my SM-G975U using Tapatalk

[unclejack]

Your question was:
As long as I hold a valid state CCL and am in the state I reside in, gun free school zones are covered by state law. Is that correct?
Since you are in the State of Delaware the Delaware law says if you have a CCW you can carry on school property. You can not open carry within 1000 feet of a school zone according to the federal school zone act.