Pennsylvania Firearm Owners Association
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  1. #1
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    Default Delaware reciprocity. This is something people going into Delaware need to be aware

    Just saw this on the PAFOA Facebook page and figured it would be good for here also. Need the PAFOA think tank on this.

    Is it saying that as of As of "September 23, 2017 Delaware will no longer honor non-resident Concealed Carry Permits issued by any jurisdiction." for everyone? Or just residents of the state of Delaware? Reading further it seems to indicate that you will still be able to drive through Delaware and visit if you do have a Permit from another state that they have reciprocity with. Or does that mean only until September 23rd. I'm on my lunch break and about to get back to work so will not be able to give a good read until later.

    What are your interpretations?

    http://attorneygeneral.delaware.gov/...dweapons.shtml

    Pursuant to Delaware Code Title 11 Section 1441, as of July 11, 2003, Delaware law allows residents of other states who have been issued a concealed deadly weapon license or permit by certain other states to lawfully carry concealed deadly weapons in Delaware if the state is on the below list of reciprocating states and the person is visiting or traveling through Delaware.

    A Delaware resident must have a valid Delaware permit to carry a concealed deadly weapon. A Delaware resident with a non-resident permit from a reciprocating state cannot carry a concealed deadly weapon in Delaware. A Delaware resident is one who carries or is required to have a Delaware driverís license and/or is registered to vote in Delaware. If you have any questions concerning residency or the application process, please contact the Attorney Generalís Office at (302) 577-8600.

    The Attorney General is in the process of securing agreements with the appropriate officials in certain other states which when completed, permit persons who have a concealed deadly weapon license or permit issued by one of those states to lawfully possess a concealed deadly weapon while visiting or traveling through Delaware. Similarly, Delawareans will be able to possess a concealed deadly weapon while visiting or traveling through those states. However, as of today Delaware does not recognize the concealed deadly weapon licenses or permits issued by states other than those listed below, and these states do not recognize Delaware's concealed deadly weapons licenses as valid.

    ALASKA

    ARIZONA

    ARKANSAS

    COLORADO

    FLORIDA

    IDAHO
    (Enhanced Permits Only)

    KENTUCKY

    MAINE

    MICHIGAN

    MISSOURI

    NEW MEXICO

    NORTH CAROLINA

    NORTH DAKOTA
    (Class 1 permits only)

    OHIO

    OKLAHOMA

    SOUTH DAKOTA
    (Enhanced Permits Only)

    TENNESSEE

    TEXAS

    UTAH

    WEST VIRGINIA

    As of September 23, 2017 Delaware will no longer honor non-resident Concealed Carry Permits issued by any jurisdiction.

    Law enforcement officials from other jurisdictions can verify Delaware CCDW permits by contacting the Delaware State Police Headquarters on a 24/7 basis via NLET.AM directed to DEDSP0000 or by calling 302-659-2341

    Persons who have a concealed deadly weapons license or permit issued by one of the states listed above will be able to lawfully possess a concealed deadly weapon while visiting or traveling through Delaware. However, such persons will be subject to and are responsible for knowing and obeying all of Delaware's laws and regulations that apply to the carrying and possession of concealed or openly-carried deadly weapons.
    Click here for information on licensing to carry a concealed deadly weapon in Delaware

    Because of differences in the laws of the various states, it is possible that a person who is lawfully permitted to possess a deadly weapon in another state may be prohibited from doing so pursuant to Delaware law. The following persons are prohibited from possessing deadly weapons or ammunition in Delaware:

    any person previously convicted of any felony

    any person previously convicted of any misdemeanor involving physical injury to another or domestic violence, unless more than 5 years has elapsed from the date of the conviction

    any person previously convicted of any crime involving the unlawful use, possession or sale of any illegal drug

    any person who has not yet reached his or her 25th birthday who has been previously convicted as a juvenile of a crime which, if committed by an adult, would constitute a felony

    any person who is subject to a Protection From Abuse Order issued by a competent court

    any person who has previously been committed to a hospital or mental institution for treatment for a mental disorder

    Possession of a deadly weapon by a person prohibited from doing so is a felony.
    Click here to view Delaware's Possession of a Deadly Weapon by a Prohibited Person statute.

    Delaware law also prohibits the possession of silencers, sawed-off shotguns and machine guns under all circumstances.

    Delawareans who have a Delaware concealed deadly weapons permit will be able to possess a concealed deadly weapon while visiting or traveling through the states listed above, and also in Idaho, Indiana and Vermont. However, Delawareans who possess a concealed deadly weapon in another state will be subject to and are responsible for knowing and obeying all of the laws and regulations in the other state that apply to the carrying and possession of concealed or openly-carried deadly weapons. Because of differences in the laws of the various states, it is possible that a person who is lawfully permitted to possess a deadly weapon pursuant to Delaware law may be prohibited from doing so in another state. Most other states require any person who is carrying a concealed deadly weapon pursuant to a license or permit to also be in possession of the license or permit.

    The Attorney General is in the process of securing agreements with the appropriate officials in certain other states which will, when completed, permit persons who have a concealed deadly weapon license or permit issued by one of those states to lawfully possess a concealed deadly weapon while visiting or traveling through Delaware. Similarly, Delawareans will be able to possess a concealed deadly weapon while visiting or traveling through those states. However, as of today Delaware does not recognize the concealed deadly weapon licenses or permits issued by states other than those listed above, and these states do not recognize Delaware's concealed deadly weapons licenses as valid.

    As agreements are completed with other states this web page will be updated accordingly.
    Proof Armed citizens make a difference. http://forum.pafoa.org/showthread.php?t=316012

  2. #2
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    Default Re: Delaware reciprocity. This is something people going into Delaware need to be aw

    I read it as those from out-of-state with an out-of-state license to carry from states Delaware honors are still good to go. I have a Florida license. handgunlaw.us does not mention any issue.
    "Everyone is entitled to my opinion."

  3. #3
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    Default Re: Delaware reciprocity. This is something people going into Delaware need to be aw

    Delaware has only recognized their own permit for their residents for years

    Please see 2a lawyer adam karaut's discussion...
    https://m.facebook.com/story.php?sto...47230475424339

  4. #4
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    Default Re: Delaware reciprocity. This is something people going into Delaware need to be aw

    Quote Originally Posted by Gman106 View Post
    I read it as those from out-of-state with an out-of-state license to carry from states Delaware honors are still good to go. I have a Florida license. handgunlaw.us does not mention any issue.
    My take is just the opposite; non-resident permits will no longer be recognized, period. It's not worded the most clearly, but nothing in the preceding text seems to limit the effect of the "As of September 23, 2017..." paragraph.

  5. #5
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    Default Re: Delaware reciprocity. This is something people going into Delaware need to be aw

    I interpret it as non-resident permits/licenses will not be honored in any circumstance. For example, a PA resident with a non-resident UT or FL permit/license would not be recognized by DE, while a FL resident with a FL permit/license would be recognized.

    Either way, this should be clarified with the DE AG.

  6. #6
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    Default Re: Delaware reciprocity. This is something people going into Delaware need to be aw

    Quote Originally Posted by Black Sheep View Post
    My take is just the opposite; non-resident permits will no longer be recognized, period. It's not worded the most clearly, but nothing in the preceding text seems to limit the effect of the "As of September 23, 2017..." paragraph.
    This is what is says

    As of September 23, 2017 Delaware will no longer honor non-resident Concealed Carry Permits issued by any jurisdiction.

    My guess is we are all out of luck. That is until they pass national reciprocity.

  7. #7
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    Default Re: Delaware reciprocity. This is something people going into Delaware need to be aw

    As much as I hate to read it like this, it sounds to me like DE flat out isnt honoring any non-resident permit or license as of 9/23. Meaning unless your home state permit/license is honored by DE, you cant carry there anymore (which is all of us cause DE doesnt honor PA).

  8. #8
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    Default Re: Delaware reciprocity. This is something people going into Delaware need to be aw

    The way Im reading this is: unless you live in DE and have a concealed carry permit from DE you CANNOT conceal carry in DE.

    this is concerning for me. I am about to take the UT cc carry course just so i could cc in DE. I may hold off until i see how this plays out.

  9. #9
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    Default Re: Delaware reciprocity. This is something people going into Delaware need to be aw

    Hey All. I am new to this thread (actually live in Virginia), but I have been posting on this development in the Maryland Shooters forum earlier today.

    It appears to me that the Delaware AG is indeed refusing to recognize all non-resident permits starting in September. I also believe that this is not a distinction the AG may lawfully make.

    For those interested, here is the operative portion of Section 1441(j)- again, note no distinction appears permissible between non-resident and resident permits for non-Delaware residents. The focus is on the "issuing state", not the state of the permittee's residence:

    (j) Notwithstanding any other provision of this Code to the contrary, the State of Delaware shall give full faith and credit and shall otherwise honor and give full force and effect to all licenses/permits issued to the citizens of other states where those issuing states also give full faith and credit and otherwise honor the licenses issued by the State of Delaware pursuant to this section and where those licenses/permits are issued by authority pursuant to state law and which afford a reasonably similar degree of protection as is provided by licensure in Delaware.

    It seems that a declaratory judgment action may be the way to go (in Delaware state court) to challenge the AG's interpretation. BTW, I am an attorney, although not licensed in Delaware.

  10. #10
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    Default Re: Delaware reciprocity. This is something people going into Delaware need to be aw

    Quote Originally Posted by MedicCop View Post
    I interpret it as non-resident permits/licenses will not be honored in any circumstance. For example, a PA resident with a non-resident UT or FL permit/license would not be recognized by DE, while a FL resident with a FL permit/license would be recognized.

    Either way, this should be clarified with the DE AG.
    This is what I'm seeing, reciprocal state resident licenses good, reciprocal non resident licenses no good, but I would add the effective date of Sept. 23, 2017 for the changes.

    I'm due to renew my Utah next year, only acquired it for Delaware reciprocity, but still may keep it, it's only $15 to renew.


    Last edited by soberbyker; February 15th, 2017 at 05:37 PM. Reason: added reciprocal (non)

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