Gun Laws In Delaware

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Gun Laws In Delaware

We received an email about Gun Laws in Delaware today. “I’m going on vacation in Wilmington, Delaware and I have a concealed carry permit in Georgia. Can I bring my gun with me to the state of Delaware? You can watch the video or read the transcript below.

Hi, I’m Attorney Ben Schwartz,

Today we are going to answer a question from Jaleel. Jaleel is in Georgia; originally from Wilmington, Delaware. Just to give you the broad outline of what is going on, Jaleel has a concealed carry permit in Georgia. He wants to come to Delaware on vacation and he wants to be able to carry his weapon here in Delaware. Jaleel wants to know, is that legal?

Before I answer the question, I want to say I cannot give legal advice via YouTube or via Facebook. Quite frankly, I would not consider myself a Second Amendment lawyer. My father Steven Schwartz is a Second Amendment lawyer and you can make an appointment to come in and sit down with him, or have a telephone conference, or FaceTime conference from Georgia, and get some specific legal advice.
What I would like to do is give some general information (about gun laws in Delaware) to try and point you in the right direction. Today, as I am recording the video, it is August 4, 2017. What I can tell you is that, as of today, Georgia is not a reciprocal State for Delaware concealed carry permit. If you are a Delaware resident and you want to carry a firearm, and you want to do it concealed on or about your person, you need to have a CCDW permit to carry a concealed deadly weapon. If you are a resident of Delaware, and you want to get that CCDW permit, you take a course and you get a court order and permit that gives you the right to carry concealed.

The problem is if you are not a Delaware resident, and you want to carry concealed in the state of Delaware, how do you go about doing that? The answer is, Delaware has reciprocity with certain other states, unfortunately, Georgia is not one of those other states. You can see the list of states by simply going to the attorney general’s website and there is a link that you can click for reciprocity. You can see all of the states where if you have a CCDW permit from one of those other states, you can also carry concealed in Delaware. I do want to mention that Delaware is an open-carry state. I do not know if that is an option for you. It is not really an option for me, because I am in and out of court all the time and quite frankly, I think that carrying open makes a lot of people very uncomfortable. I personally would not recommend it, but just so you know, Delaware is an open-carry state.

The question also raises the issue of transporting firearms interstate, and in order to get from Georgia to Delaware, you have to drive through several states to get here. You would need to know the law of each one of those states with respect to transporting a firearm, in order to go from Georgia to Wilmington, Delaware with a firearm in your vehicle. My personal opinion is, and this is not legal advice, but my personal opinion is that I would not, as a firearms owner, I would not want to go to another state and take a firearm with me.

For my personal use or personal safety, I am all on board with the Second Amendment Rights. I am on board with having the right to carry. As an attorney, I know that every state has a different law. In some states, it is not just a question of what is the state law, but what is the law of every county and municipality that you are going to travel through. I just think it is too much for one person to know. When you are in your home state, you are trained on the law of that state, you know the ins and outs of it, that is one thing.

Once you go into interstate travel, it is a whole different deal. Jaleel, I hope that answers the question. Of course, as I said, this is not legal advice. If you or anyone else out there would like to have a consultation with an actual Second Amendment Attorney, Steven Schwartz is an attorney that frequently handles gun rights issues. He has litigated gun rights cases in the Delaware courts, including the Delaware Supreme Court. You may send me an email and I will get you set up with an appointment. If you have other questions about your rights or Gun Laws in Delaware, send an email below, or comment on one of our videos. We will see if we can take your question and turn it into a video like this.

Thanks for watching and good luck to you Jaleel.

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