Master Blaster
Member
--------------------------------------------------------------------------------
http://www.delawareonline.com/apps/pbcs.dll/article?AID=/20060128/OPINION07/601280315/1108
--------------------------------------------------------------------------------
DELAWARE VOICE
Bar the door to weapons
By Charles M. Oberly III
01/28/2006
I read with alarm that the General Assembly may be prepared to amend Delaware law as it pertains to the right to carry a concealed deadly weapon. Essentially the argument is that 34 other states have passed such legislation, and the right of self-protection requires that a person be permitted to carry a concealed weapon. These arguments are as phony as a three-dollar bill.
The fact that legislators are cowed by the National Rifle Association says nothing about the wisdom of such laws. Under current Delaware law, virtually anyone, excepting felons, may strap on a holster and carry a gun in plain view. You can even carry a rifle over your shoulder and walk around with it.
As Delaware's attorney general, I frequently passed upon applications to carry a concealed weapon. I never understood why someone making night deposits felt safer with a concealed gun rather than carrying a holstered gun in plain view. Common sense would suggest a robber or mugger would be less likely to tangle with someone visibly carrying a weapon. Police carry their firearms openly.
Before anyone votes in favor of such legislation, I am sure protection will be provided for lawmakers, government officials, and I hope schools. There is no doubt in my mind that Legislative Hall, government offices and courts will forbid concealed weapons regardless of whether someone has a permit. Of course, these institutions have security guards and metal detectors at taxpayer expense.
Legislative Hall, government offices and the courts will certainly have a "check your gun" policy before entering. The security in place will ably prevent any violation. What about the rest of us?
Are we going to allow people to carry concealed deadly weapons into schools and athletic events, churches, hospitals, day-care centers, shopping malls, bars, restaurants, and night clubs, amusement parks, workplaces, grocery stores and movie theaters?
At none of these locations will there be taxpayer-financed security guards and metal detectors to enforce a prohibition against carrying firearms. Unless addressed by the law, such locations may not be able to prevent carrying weapons onto the premises.
Nor does the prohibition on felons or those who have been committed to a mental hospital add any real protection. There are numerous people with criminal histories that don't rise to the level of a felony, or who have been charged with violent felonies but not convicted, perhaps because evidence was suppressed. Many people suffer from mental illness and are under private psychiatric care, or are getting no care and clearly should not be given a special license to carry a concealed deadly weapon. Nothing addresses an alcoholic who desires to carry a gun.
Expanding Delaware's law to allow nearly anyone to carry a concealed weapon is horrible public policy and absolutely unnecessary. I implore the General Assembly to think carefully what such a law would actually means. Delaware's current law works just fine. It does not prohibit carrying deadly weapons openly.
Charles M. Oberly III, of Wilmington, is a criminal defense attorney and former Delaware attorney general.
Now as a former attorney General who often plea bargained away gun charges against felons, he has a lot of room to talk, note that now he is a crimminal defense lawyer.
Unfortunately there are alot of folks who read this and knowing nothing about the CCW laws agree.
http://www.delawareonline.com/apps/pbcs.dll/article?AID=/20060128/OPINION07/601280315/1108
--------------------------------------------------------------------------------
DELAWARE VOICE
Bar the door to weapons
By Charles M. Oberly III
01/28/2006
I read with alarm that the General Assembly may be prepared to amend Delaware law as it pertains to the right to carry a concealed deadly weapon. Essentially the argument is that 34 other states have passed such legislation, and the right of self-protection requires that a person be permitted to carry a concealed weapon. These arguments are as phony as a three-dollar bill.
The fact that legislators are cowed by the National Rifle Association says nothing about the wisdom of such laws. Under current Delaware law, virtually anyone, excepting felons, may strap on a holster and carry a gun in plain view. You can even carry a rifle over your shoulder and walk around with it.
As Delaware's attorney general, I frequently passed upon applications to carry a concealed weapon. I never understood why someone making night deposits felt safer with a concealed gun rather than carrying a holstered gun in plain view. Common sense would suggest a robber or mugger would be less likely to tangle with someone visibly carrying a weapon. Police carry their firearms openly.
Before anyone votes in favor of such legislation, I am sure protection will be provided for lawmakers, government officials, and I hope schools. There is no doubt in my mind that Legislative Hall, government offices and courts will forbid concealed weapons regardless of whether someone has a permit. Of course, these institutions have security guards and metal detectors at taxpayer expense.
Legislative Hall, government offices and the courts will certainly have a "check your gun" policy before entering. The security in place will ably prevent any violation. What about the rest of us?
Are we going to allow people to carry concealed deadly weapons into schools and athletic events, churches, hospitals, day-care centers, shopping malls, bars, restaurants, and night clubs, amusement parks, workplaces, grocery stores and movie theaters?
At none of these locations will there be taxpayer-financed security guards and metal detectors to enforce a prohibition against carrying firearms. Unless addressed by the law, such locations may not be able to prevent carrying weapons onto the premises.
Nor does the prohibition on felons or those who have been committed to a mental hospital add any real protection. There are numerous people with criminal histories that don't rise to the level of a felony, or who have been charged with violent felonies but not convicted, perhaps because evidence was suppressed. Many people suffer from mental illness and are under private psychiatric care, or are getting no care and clearly should not be given a special license to carry a concealed deadly weapon. Nothing addresses an alcoholic who desires to carry a gun.
Expanding Delaware's law to allow nearly anyone to carry a concealed weapon is horrible public policy and absolutely unnecessary. I implore the General Assembly to think carefully what such a law would actually means. Delaware's current law works just fine. It does not prohibit carrying deadly weapons openly.
Charles M. Oberly III, of Wilmington, is a criminal defense attorney and former Delaware attorney general.
Now as a former attorney General who often plea bargained away gun charges against felons, he has a lot of room to talk, note that now he is a crimminal defense lawyer.
Unfortunately there are alot of folks who read this and knowing nothing about the CCW laws agree.
Pretty ridiculous ...