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Delaware: State Parks Are OK for Permitless Open Carry — Except Where They Aren’t

Robert Farago - comments No comments

“Delaware is an open carry state,” opencarry.org reports. “Those doing so should be aware that any local ordinances that were in effect at the time that preemption was passed (July 4, 1985) are still in effect and are NOT preempted.” So The Blue Hen State is open carry — except where it isn’t. (Good luck finding a list of towns that ban the practice.) As whyy.com  reports, the state’s Supreme Court has applied the same sort of formula to carrying in a state park . . .

The interim rules come just a few weeks after the state Supreme Court ruled that a decades-old ban on guns in Delaware parks violates the state’s constitutional right “to keep and bear arms.”

But armed visitors won’t be allowed in park offices, visitor centers, nature centers and group camping areas — unless they are licensed to carry a concealed deadly weapon.

“A risk of harm from gunfire would be presented in these and other areas where large numbers of visitors gather, including families and children,” according to the order issued by Carney administration officials.

In other areas of the parks, anyone not prohibited from carrying a gun is free to carry their weapons.

So Diamond State residents can now carry a firearm — without a permit — on their own property, private property (with the owner’s consent) and in the wilds of a state park — and nowhere else.

However, if the “may issue” First State deigns to recognize a resident’s natural, civil and Constitutionally protected right to keep and bear arms with a government-issued, taxpayer-funded permission slip, the permitted resident can carry in state park offices, visitor centers, nature centers and group camping areas.

Elsmere, Delware's town park (courtesy townofelsmere.com)

Open carry as well? I guess that depends on whether or not the state park in question banned the practice before Independence Day, 1985. Like, Elsmere’s town park [above], that continues to ban open or concealed carry, permitted or not.

And just so you know, Wilmington bans short-barreled rifles SBRs within city limits, regardless of any federally issued tax stamp for same.

All of which reminds us of one simple fact: there’s nothing simple about gun control laws. Except that they are all a danger to liberty and clearly, irredeemably unconstitutional.

0 thoughts on “Delaware: State Parks Are OK for Permitless Open Carry — Except Where They Aren’t”

  1. Yet another reason to eschew the 1911 as anything other than a toy.

    To answer the question: minimum six per firearm. Quadruple, as a minimum, that for any rifle larger than .22LR, those are still at six to eight.

    Side note: screw Ruger for their proprietary and therefore expensive mags.

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  2. I do not know what ” swatting” is? … Witcita Ks. is a pretty nice town, you can walk the streets at night and not get mugged, if your careful. I’ve lived there, in St Louis I slept in the bathtub. It’s not as safe, Kansas City not so safe either.

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    • Ironic, so you lived in the worst few square miles of North STL City? Because that’s the only place in the entire Metro you actually have to actively worry about being shot, let alone without being ‘involved’ in something.

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