CC Question

[Beez]

My son lives in Delaware and does't have a cc permit in his home state. If he gets a Virginia nonresident permit can he conceal carry in Delaware?

 

[BIGJOHN621]

This seems to be answered on deccw.com

http://deccw.com/index.php?topic=1542.0

VA might not issue if you don't have a home state CCW but Florida will.

Lastly make sure you check the statutes and get the AG's opinion in writing if the thread above is accurate.

 

[Peconic_Paladin]

Good advice...I know nothing about the "First State." Is there a reason why he doesn't have one from his home state?

 

[MilShooter]

My son lives in Delaware and does't have a cc permit in his home state. If he gets a Virginia nonresident permit can he conceal carry in Delaware?

Yes, I am very late to the discussion, but the answer is very easy. I am a resident of Florida but I also have a domicile in Delaware. I have a resident FL license and I can carry concealed in DE. Your son, however, as a Delaware resident, MUST have a Delaware permit in order to carry concealed in Delaware.

Let me repeat that: If you are a resident of Delaware, the only way you can carry concealed in Delaware is to get a Delaware permit to carry concealed. The portion of the Delaware code that applies is this:

"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."
​

The key is that Delaware has reciprocity for concealed carry permits for RESIDENTS of other states with a permit to carry from THAT state. If you are not a resident of another state, with a resident permit for that state, you don't earn the right to reciprocity.

I spoke with the Attorney General's office about this via telephone, and finally visited their offices to "get it from the horse's mouth". They were unequivocal about it.

I am not an attorney and this is not legal advice. I'm simply relating the results of my earlier efforts to get an answer to that same question.

And so it goes...

 

[JohnNY]

what about if I am a NY resident with a FL CCW. Can I carry in Delaware
?

 

[MilShooter]

what about if I am a NY resident with a FL CCW. Can I carry in Delaware?

I'm not a lawyer, nor do I play one on TV or in the movies. So my advice should be taken with a grain of salt...

My understanding of Delaware law is that, in order to lawfully carry concealed within the state of Delaware, you must have a valid permit to carry concealed, issued by another state. BUT the state with whom you have a concealed carry permit must be on the list of reciprocal states on the list maintained by the Attorney General on his web site. A New York permit, for example is NOT honored by Delaware according to the web site Handgunlaw.us. Florida permits (apparently without regard to residency status) are honored in Delaware.

HOWEVER, a Delaware resident without a valid Delaware permit may NOT carry concealed. It doesn't matter if he has a non-resident permit from another state. While it is completely backwards, people who reside in Delaware, a "may-issue" state, have less rights to carry than people from other states while visiting Delaware. Even a holder of a non-resident permit from Florida who resides in Delaware is prohibited from carrying concealed in his home state.

Here is the relevant Delaware Statute with emphasis added by me:

"Pursuant to 11 Del.C. ' 1441(j), 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 that issued the permit or license also recognizes Delaware's concealed deadly weapons licenses, and if Delaware's Attorney General also determines that the concealed deadly weapons licensing or permit laws in the issuing state "afford a reasonably similar degree of protection as is provided by licensure in Delaware."

Those certain other states are listed on the Attorney General's web site.

I hope this helps.