RE: CC in DE for PA resident- DE Superior Court Judges says....

[MJH]

I recently sent a letter to a Superior Court Judge in DE concerning CC in DE for a non-resident. My parents have a vacation home in DE and my father was asking me about a DE permit. Because the primary home is in PA he is not able to get a DE permit. My father is the type of person that likes to see things in writing, so I decided to send a letter to the Superior Court Judge that issues the permits for Sussex County.

Am I missing something, or is he telling me that it's only legal to carry concealed if you have a DE issued permit?

Here is what I sent...

June 15, 2009

Judge T. Henley Graves
Sussex County Superior Court
1 The Circle, Suite 2
Georgetown, DE 19947

Dear Judge Graves,

I have some questions about the concealed weapon laws in Delaware. Over the past few weeks I’ve called several locations in Delaware but I was not able to speak with anybody that could provide answers. At one point I was even referred to the BATFE concerning my questions below. I ended up speaking with a very nice lady who provided me with your contact information. She was trying to be helpful but just wasn’t sure about certain things so she suggest that I contact you directly to get the most accurate information. I’m hoping that you will take the time to provide some answers to my questions.

My parents own a residence in PA and one in the Rehoboth area. They spend roughly an equal amount of time at each location but the primary residence is still in Pennsylvania. It’s my understanding that Delaware does not issue non-resident concealed carry permits. It’s also my understanding that DE will not honor PA permits. Are these two statements correct?

After some searching on the computer, it’s my understanding that Delaware law will honor permits from both Utah and Florida. Is this correct? Both of those states issue non-resident permits. Do holders of a UT/FL permit have the same legal rights while in Delaware as a Delaware resident with a permit? If so, are there any reasons why my parents could not obtain a UT or FL permit and exercise the right to carry a concealed weapon while residing/vacationing/traveling in Delaware?

Provided that my understanding is correct about obtaining a UT/FL permit to use while in DE, are there any other Delaware laws regarding magazine capacity and/or a limitation or restriction on the ammunition used while carrying a concealed weapon?

In your opinion, is there any hope that Delaware will be issuing non-resident concealed carry permits in the near future?

Thank you very much for your time. I appreciate any help that you can provide concerning this issue. I look forward to your reply.

Sincerely,

Mr. So&So






And today I get this reply...





Dear Mr. So&So

In regard to your correspondence of June 15, 2009, I can only advise you that to lawfully carry a concealed deadly weapon in the State of Delaware, you must have a permit issued by Superior Court, permitting you to do the same. Those permits are issued on a county-by-county basis to the residents in that county.

All of your other questions request advisory opinions or ask me to comment as to the policies and/or politics behind the laws of the State of Delaware and/or the laws of other states. I shall not do so.

Yours very truly,

T. Henley Graves

[soberbyker]

I carry on a regular basis in Delaware on a Utah CWP. The Delaware State Attorney General website says this is OK as you can clearly see here:

http://attorneygeneral.delaware.gov/crime/concealedweapons.shtml

I am not a lawyer, but the research I have done in this matter tells me someone who can be considered a Delaware resident can NOT carry in Delaware on any license/permit other than one issued by Delaware. Non Delaware residents are perfectly legal to do so with a permit/license from one of the listed reciprocal states. Delaware does not make a distinction between resident and non resident as far as reciprocity goes.

The judge you contacted is a county judge, the Attorney General is the final say in Delaware.

The reason you can not carry in Delaware on our Pa LTCF is the lack of training here in Pa as a requirement to obtain the LTCF.

[cigarmanpa]

what a bullshit response, but that's what I've come to expect from a judge

[R0309]

I'd be curious to see what the Attorney General's Office in DE would say if you wrote them. I understand that judges are not wont to issue advisory opinions, but the AG can advise what his office will or will not prosecute. I'm very interested to see what the AGs say if you follow up with them.

[Dave in PA]

For what it's worth, Florida only issues concealed weapons permits. It is the same permit, no matter what street address is on it. I found this out after waiting for my new house in Florida to be built, now I am waiting on my permit. I could/should have applied while I was still in PA, then just change the address.

[fingers80002]

Like some others said, get a UT CCP !!!!!!!

[Tequila Sunrise]

For what it's worth, Florida only issues concealed weapons permits. It is the same permit, no matter what street address is on it. I found this out after waiting for my new house in Florida to be built, now I am waiting on my permit. I could/should have applied while I was still in PA, then just change the address.

I believe if you have a Florida Permit you can do as the Romans do. If the state allows open carry then you can open carry or conceal carry with the same permit. There is also a list that will tell you if that state recognizes non-resident permits.

[shermdo]

No disrespect to the OP but why in the world would you write a letter to a judge? Nothing good can come of it. If he had respond "hey your are good to go on your PA LTCF it still would have been totally meaningless and worthless. The DE state law is clearly spelled out on the DE AG web site. If I recall correctly either the UT or FL non-resident licenses are acceptable in DE whether this judge likes it or not.

Spend the money on either or both UT or FL and enjoy yourself in DE. Of course you as aware that when carrying in DE you are subject to DE laws and restrictions regarding places you can't carry, etc. Do a little research while you are waiting on that new license to arrive.

Note: My comments are based on a critical assumption that your father claims PA residency and does not claim residency of DE. You had stated that the DE home was a vacation home so I am assuming that Pop carries a PA DL and pays taxes as a PA resident, etc.

[GoldWinger]

Note: My comments are based on a critical assumption that your father claims PA residency and does not claim residency of DE. You had stated that the DE home was a vacation home so I am assuming that Pop carries a PA DL and pays taxes as a PA resident, etc.

There are often situations where you can be considered a part-time resident of a state, income taxes not withstanding. For example, under Federal law if you own a home in a second state you can buy handguns in that state while you are residing there. So it would be reasonable to assume that part time residents would qualify for a other priveleges in some states.

As for contacting the AG, it's been my experience that AG offices won't answer any questions from citizens. They direct you to the the agency that is responsible for enforcing the particular law.

[Sir Knight]

The reason you can not carry in Delaware on our Pa LTCF is the lack of training here in Pa as a requirement to obtain the LTCF.

I believe if you have a Florida Permit you can do as the Romans do. If the state allows open carry then you can open carry or conceal carry with the same permit. There is also a list that will tell you if that state recognizes non-resident permits.

Good thing I continued to renew my FL license.