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Open Carry in the state of Delaware

Most people don’t realize that the state of Delaware is an open-carry state when it comes to firearms. By this I mean that it is perfectly legal for a Delaware citizen to openly carry a firearm for self-defense and no license is required. A quick call to the Delaware Attorney General’s Office can easily confirm these facts.

You can feel free to check with law enforcement at all levels of the state and gather a variety of answers ranging from “it’s legal, but we discourage it” to answers about where you can’t carry your gun. However, be prepared for so many different attitudes towards gun carry that you will probably be surprised. The general consensus with most agencies is that, although legal, it is rarely done.

The problem stems from the fact that local ordinances may contradict gun laws established by the state legislature. Even though it’s allowed in the state, you won’t necessarily see a lot of citizens running around with holsters and their gun on display.

The Delaware State Constitution (Article I, §20) specifically provides that all citizens of the state have the right to keep and bear arms. It goes on to say that this right is reserved for the defense of the individual, his family, his home, and the State of Delaware. These citizens may have weapons for both hunting and recreational use. As with most gun laws, the minimum age set to carry an open gun is 18.

If you plan to carry your gun in your vehicle, make sure it is clearly visible and in the back seat never in the front seat within arm’s reach. My friend Wayne told me of an issue where a person was pulled over and detained simply as a result of driving in front of a school with a gun in their vehicle. While researching the issue, I soon discovered that this was a result of the federal Gun Free Schools Act which states that only permit holders can carry weapons within 1000 yards of a school. This is clearly an issue that deserves the attention of our representatives in Dover.

One must often wonder why not just go out and get the CCDW license. Well, initially the high price of getting it is usually around $400 plus dollars. This is certainly a lot of food for the cost of groceries these days. Second, Delaware’s CCDW laws that are currently on the books that “can” be licensed. After spending all that money and time to get a license only to find out that you “can” get it, it’s totally unacceptable. With all of this in mind, it’s easy to see why people would choose the less expensive and hassle-free method of open transportation.

Open carry is done quite frequently in our nearby state of Virginia, in fact, there are several groups of civilians who deliberately visit various restaurants in the state openly carrying their guns to take advantage of their second amendment rights. Another group also carries out similar actions in the state of Louisiana.

If you are going to hold an open carry, please note that you certainly would not want to do so on the University of Delaware campus, as there is a ruling against open carrying and you can be expected to be stopped by campus security police at gunpoint. Also, you will certainly want to be careful going to the beach or walking down Rehoboth Avenue as you will likely scare tourists and locals will have you on the ground waiting for the police to arrive.

As with any topic of this nature, you should of course check all the facts yourself, although I have tried my best to provide you with valid information.

For the parish of José

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