Friday, August 5, 2011

Did you know? - Stupid gun laws edition

Now, you wouldn't think it'd be a violation of Delaware's CCDW laws to conceal a pistol in your own home or place of residence.  I mean hell, the State couldn't possibly reach into your home and tell you in what manner you may carry legally owned private property, right?

Wrong.

Nothing in the Delaware CCDW statute allows for any "private property" exception and the only case law I've been able to find says this.

"That the weapon was carried only in defendant's house held no defense. ‐ It was no defense to a prosecution for carrying a concealed deadly weapon that defendant only carried the weapon in the defendant's house. "

- State v. Gagliota, 32 Del. 360, 123 A. 183 (1923).

Even Maryland has an exemption for CCW of handguns at home, so Delaware is worse than Maryland. Eek!  Now, this is one of those things I doubt you would EVER be charged with, but it's still illegal, which is just plain stupid.

1 comment:

Weer'd Beard said...

Mass has an exemption if its on private property with the owner's permission.

Of course you need a permit, either in the hands of the person carrying, or in a "Direct supervisor"

So not much better.