Safe school zones
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Thread: Safe school zones

  1. Safe school zones

    I asked this at DefensiveCarry and figured I'd ask here too and see if anyone here has thoughts our experience with this...

    I am currently waiting on my CCL and have been trying to research what I can to make sure I stay within the law when I do get it. I have questions regarding my state specifically (Delaware), but want to make sure that I am reading the federal law right first.

    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?

  2.   
  3. The second part of this is
    I've read the state laws which basically say you can't carry and there is no exemption for a ccl permit. However, the penalty for breaking this law is based on an underlying crime. Here is the list of underlying crimes:

    The underlying offenses in Title 11 shall be:

    (1) Section 1442.* Carrying a concealed deadly weapon; class G felony; class D felony.

    (2) Section 1444.* Possessing a destructive weapon; class E felony.

    (3) Section 1446.* Unlawfully dealing with a switchblade knife; unclassified misdemeanor.

    (4) Section 1448.* Possession and purchase of deadly weapons by persons prohibited; class F felony.

    (5) Section 1452.* Unlawfully dealing with knuckles-combination knife; class B misdemeanor.

    (6) Section 1453.* Unlawfully dealing with martial arts throwing star; class B misdemeanor.


    IF I have a valid ccw permit, I would not be guilty of any of these underlying crimes and the way I am reading it, no penalty.

     The penalty for possession of a weapon in a Safe School and Recreation Zone shall be:

    (1) If the underlying offense is a class B misdemeanor, the crime shall be a class A misdemeanor;

    (2) If the underlying offense is an unclassified misdemeanor, the crime shall be a class B misdemeanor;

    (3) If the underlying offense is a class E, F, or G felony, the crime shall be one grade higher than the underlying offense.

    (4) If the underlying offense is a class D felony, the crime shall also be a class D felony.

    I would not be guilty of anything correct? Assuming I am not guilty of 2-6, I have a permit to carry concealed so number 1 would not apply. Also there is no reference to open carry which it's legal, so it appears you can open carry also.

  4. #3
    Wish I had seen this sooner, you made me think. Best bet is to forward your thoughts to the State's Attorney General's office and request an opinion. Second-best is to look up a CCDW-versed attorney and ask for a determination. HOWEVER - don't expect an answer from the AG's office. I asked for an opinion over a year ago on open carry where the law says the holster must be fully visible. My question was what about IWB carry with a CCDW where the butt shows. Even sent a photo of how it looks. This administration does nothing to help conservative views on self-protection, as they are ruled by the up-state Obama butt-kissers. We are better off than some, but it could be much better. Time to get started on making the state of Delmarva, starting below the canal.

  5. I actually did email the A.G. to see if they would clarify anything. I didn't expect to hear anything but to my surprise, I did get a phone call back.

    I don't remember what the person's position was, but he worked for the AG' office and I think he said he was a retired police officer.

    He didn't really clear anything up specifically, but basically said don't carry at all in the school. As far as school grounds, he said both open and concealed was fine, but highly discouraged open carry. Basically, it's legal, but don't ever do it.

    It was nice to actually get a response, but I'm not any more comfortable with what they said. Thinking through this really made me realize that sometimes it's all up to what a judge decides. A good attorney would definitely help, but isn't a guarantee when it comes to unclear laws. The gentleman the called me back did agree that the way the law was written was basically a mess.

  6. #5
    I don't know specifically about Delaware but in most states if you conceal carry in a place that is not lawful to do so, you have not committed a crime but if you refuse to leave when told to and the police have to be called, then your guilty of trespassing.

  7. Did you mean in a place that IS lawful? If so, yes, trespassing and possibly disturbing the peace. In Delaware, and I would think everywhere else, if you are carrying where it is not lawful you are committing a crime.

  8. #7
    No, in a place that is not lawful as stated above. For instance if you cannot carry into a place that serves alcohol and you do, a place that is marked no concealed carry like private property posted by the owner, etc.

  9. #8
    Of course certain states are more restrictive then others and their laws vary a little on this but it is a topic that is or should be covered during your ccw class for your specific state. Very generally speaking, no crime is committed until you refuse to leave (trespassing). Additional actions that you do such as causing a ruckus (disturbing the peace), pulling out your gun (flourishing or brandishing a firearm), etc will also come into play.

  10. #9
    Quote Originally Posted by sandetl View Post
    I don't know specifically about Delaware but in most states if you conceal carry in a place that is not lawful to do so, you have not committed a crime but if you refuse to leave when told to and the police have to be called, then your guilty of trespassing.
    regarding schools zones this advice is WRONG and following it could get you into serious legal issues
    WARNING:
    This post may contain material offensive to those who lack wit, humor, common sense and/or supporting factual or anecdotal evidence.

  11. #10
    Quote Originally Posted by apvbguy View Post
    regarding schools zones this advice is WRONG and following it could get you into serious legal issues
    Yes this isn't pertaining to school zones (separate act) than your state concealed carry restrictions listed per state.

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