Delaware Backpedals on Concealed Carry Changes

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The Delaware Attorney General’s Office has changed the information which appears on its website in relation to the reciprocity agreements of concealed carry permits with other states. Earlier this week I wrote that Delaware had changed its reciprocity agreements. At the time, the verbiage on the website was very clear (that being all non-resident permits from the states Delaware had agreements with would not be recognized after September 23, 2017).

As a number of readers and commenters on Facebook seemed to be confused as to the applicability of the language, I called the Attorney General’s Office to seek clarification. I was transferred to the individual who would have knowledge of the matter only to receive his voicemail. I followed up the following day only to be transferred back into voicemail. To date, I have not received a call back (which at this point is rather moot). Some time after the original blog article was posted, the website was updated to remove the language that was causing disdain amongst the firearms community.

The new language states that “[t]he list of states with reciprocal privileges is published on January 15 each year. Any additional reciprocal states would be posted on January 15 and be effective immediately. The removal of reciprocal privileges from any state would be posted by January 15 to take effect one year later.”

It goes on to state that the AG’s Office is currently reviewing the approval procedures for individuals in other states to acquire concealed carry permits to see if they meet the requirements of the Delaware Code to be recognized in Delaware. If the AG’s Office determines that they do not meet the requirements, notice will be published January 15, 2018 and the official change in recognition will occur the following year (January 15, 2019).

The AG’s Office does issue an apology for the confusion of the language that was posted from February 10-15th.

As always, we strive to give our readers the best and correct information. If you read the original article and shared it via Facebook, email, or some other method, I hope that you will forward along the updated information so that those around you can be in the know.

 

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11 Comments

Filed under Firearms Law, Uncategorized

11 responses to “Delaware Backpedals on Concealed Carry Changes

  1. Pingback: Delaware Changes Concealed Weapons Agreements (Not for the Better) | Prince Law Offices, P.C.

  2. Pingback: Delaware Backpedals on Concealed Carry Changes - The Gun Feed

  3. John

    Confused on the “non-resident” permit portion as it is no longer clear on the Delaware site.. As a holder of a PA resident and Utah non-resident permit, does this now mean the Utah permit is no longer recognized?

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    • Why would the Utah no longer be recognized? The page states that Delaware recognizes the permits of States listed in the table. Utah is one of those states.

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      • Re-read his question please. He depends on the Utah non-resident permit for legal carry in DE, a neighboring state, which doesn’t recognize his resident PA permit for carry as PA is not in the list. He is a resident of PA, so his UT permit is non-resident. The new caveat is non-resident permits are no longer accepted after that date for carry in DE.

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      • And I’m asking where you see that language on the website now that would suggest an individual with a non-resident permit may not carry a firearm in Delaware if the permit is issued by one of the states on the list.

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  4. Adam, besides yourself, Whom are you considering voting for on the NRA ballot?

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  5. John

    Adam, I would not thought anything about this except for your blog regarding “non-resident permits”. On the DE site it states the following…

    “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…..”

    What is key is in their statement is “citizens of other states…” Non-resident permit holders are technically not citizens of the states with reciprocity agreements.

    I thus read this as a lawyerly way to carve out non-citizen permits.

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    • Interesting catch. The language you cite is from the Delaware State Code and is hasn’t been changed since the 70’s (from the quick glance I did). I’ll try calling the AG’s office again on Monday to see if I can get an answer.

      However, I would argue, that the citizens of other states is not exclusive to the state issuing the permit. Just simply that the state issuing the permit gives full faith and credit to the license issued by DE.

      I’ll see what I can turn up on the phone if I can get the individual to answer and/or call me back.

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      • John

        Thanks. I’m no lawyer but given the political climate and sentiment regarding the election, it would not surprise me that even old verbiage be interpreted differently. We live right along the border of DE and MD and travel across state lines on an almost daily basis.

        Just chaps my a@$ that states must recognize “rights” such as marriage or even driver’s licenses that have been read into the constitution when no such language exists but when the 2nd is so clearly written, they can chose to do their own thing.

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  6. John

    Non-resident permits, not non-citizen permits in my above comment.

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