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Anyone know DE laws?
- Thread starter myright
- Start date
I vacation in Delaware pretty much once a year.
In DE, they have a CCDW (Concealed Carry of a Deadly Weapon) law that encompasses many types of weapons- handguns, knives, other weapons. Carrying a concealed knife is illegal, UNLESS the knife is a "common pocket knife", with a blade less than three inches. Additionally, while carrying a sub-3inch "common pocket knife with a folding blade" concealed, the blade must be in the closed position. Per the letter of DE state law, you can open carry (to carry visibly) (OC) a knife that doesn't meet that sub-3" common pocket knife description (you may also OC a number of other types of deadly weapons without need for any permit- such as a handgun), provided that such carry does not violate town or county ordinance.
Delaware is unusually clear in their carry laws. However, one must be especially careful if they choose to Open Carry a Deadly Weapon in Delaware. Open Carry is legal on the basis that it is not prohibited or regulated by law. Unfortunately, that also means that there is no statuatory definition of what constitutes it being visible, which would result in an LEO haveing to use discretion as whether to charge you with CCDW when you thought that you were OC'ing. Additionally, if the deadly weapon was obscured or hidden from plain view in any way (including by the vehicle itself), it could and most definetely would constitute CCDW. You also need to make sure agarment (like a coat) doesn't accidentally cover the knife- you could land yourself a CCDW rap if that happens.
To avoid any problems, when I am in Delaware I ONLY carry folding knives that have blades less than 3" by AKTI measurement standards.
Also, there is a law in DE prohibiting switchblade sale or posession. (it is a one line all encompassing prohibition in the deadly weapon dealer licensure statute, that applies to all persons licensed to sell deadly weapons or not.
If you do have interest in OC'ing, you should talk to local law enforcement to see what they consider concealed both on your person walking about, and also in a vehicle.
Some towns, such as Dover, have town ordinances that are much stricter than state law. In Dover, for example, it would be necesary to have a CCDW license to carry any knife and not run afoul of Section 14-5, City of Dover Code of Ordinances.
Here is the state statutes, scanned from ATF Publication 5300.5 State Laws and Published Ordinances- Firearms.
In DE, they have a CCDW (Concealed Carry of a Deadly Weapon) law that encompasses many types of weapons- handguns, knives, other weapons. Carrying a concealed knife is illegal, UNLESS the knife is a "common pocket knife", with a blade less than three inches. Additionally, while carrying a sub-3inch "common pocket knife with a folding blade" concealed, the blade must be in the closed position. Per the letter of DE state law, you can open carry (to carry visibly) (OC) a knife that doesn't meet that sub-3" common pocket knife description (you may also OC a number of other types of deadly weapons without need for any permit- such as a handgun), provided that such carry does not violate town or county ordinance.
Delaware is unusually clear in their carry laws. However, one must be especially careful if they choose to Open Carry a Deadly Weapon in Delaware. Open Carry is legal on the basis that it is not prohibited or regulated by law. Unfortunately, that also means that there is no statuatory definition of what constitutes it being visible, which would result in an LEO haveing to use discretion as whether to charge you with CCDW when you thought that you were OC'ing. Additionally, if the deadly weapon was obscured or hidden from plain view in any way (including by the vehicle itself), it could and most definetely would constitute CCDW. You also need to make sure agarment (like a coat) doesn't accidentally cover the knife- you could land yourself a CCDW rap if that happens.
To avoid any problems, when I am in Delaware I ONLY carry folding knives that have blades less than 3" by AKTI measurement standards.
Also, there is a law in DE prohibiting switchblade sale or posession. (it is a one line all encompassing prohibition in the deadly weapon dealer licensure statute, that applies to all persons licensed to sell deadly weapons or not.
If you do have interest in OC'ing, you should talk to local law enforcement to see what they consider concealed both on your person walking about, and also in a vehicle.
Some towns, such as Dover, have town ordinances that are much stricter than state law. In Dover, for example, it would be necesary to have a CCDW license to carry any knife and not run afoul of Section 14-5, City of Dover Code of Ordinances.
Here is the state statutes, scanned from ATF Publication 5300.5 State Laws and Published Ordinances- Firearms.
myright
Gold Member
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- Jan 31, 2008
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Thanks. It's amazing to me how hard it is to really be a law abiding citizen with laws written like that.
Am I to assume that my min-grip BM that I carry clipped in my pocket is OC and therefore legal?
It seems the only way to safe anymore is to carry a small slip joint pocket knife.
I've always carried a knife clipped to my pocket in DE and surrounding states. Is it really that I've just been lucky all this time?
Am I to assume that my min-grip BM that I carry clipped in my pocket is OC and therefore legal?
It seems the only way to safe anymore is to carry a small slip joint pocket knife.
I've always carried a knife clipped to my pocket in DE and surrounding states. Is it really that I've just been lucky all this time?
The Benchmade Mini-Grip is just under 3"- according to Cabela's the blade is 2.91"
http://www.cabelas.com/prod-1/0022073516109a.shtml
When I'm on vacation in Delaware, I carry a 2.5" folder clipped to my pocket, a small stockman or SAK in my pocket, and a multi-tool when it might be needed. There is more than a couple of legal options for concealed carry (or so you don't have to worry about open carry legalities).
myright
Gold Member
- Joined
- Jan 31, 2008
- Messages
- 5,145
So for those of you familiar with Delaware law, what does this mean as it pertains to a FB knife that would be carried while hiking/camping in DE?
According to the above it looks like only a sub 3" blade is legal in Delaware regardless of the way it is carried.
According to the above it looks like only a sub 3" blade is legal in Delaware regardless of the way it is carried.
- Joined
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I'm going to Rehoboth Beach after Labor Day and want to carry my Cold Steel Voyager 5.5-inch Vaquero plain blade. Would I have to wear it on the outside of my belt? What if I wanted to carry a sheathed knife openly? I'm thinking if this thing gets too complicated, I'll just go to Ocean City, Maryland. (There I can carry my Espada XL.) Any info/suggestions would be appreciated. Thanks.
This is a really old thread you just dug here. Naughty naughty
Well anyway, not sure where the other posts got there info, but DE has pretty straightforward laws: You can carry a folder with blade less than 3" long concealed. That's it. Anything else is illegal. You can carry most folders or fixed blades openly.
http://www.knifeup.com/definitive-guide-to-delaware-knife-law/
Now, Rehoboth Beach (and Sussex County) doesn't appear to have city-specific knife laws, which surprises me given that many tourist towns like it are super strict. Ocean City, MD for example is really bad and has all kinds of strange weapon laws, including a ban on assisted opening knives and ambiguous "martial arts weapons." However, I'm not sure I would open-carry in Rehoboth. Something tells me local law enforcement might be rather uptight, especially considering all the other city-specific regulations there are.