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A Delaware Superior Court judge on Thursday ruled that new regulations banning the open carry of firearms in lodges and camping areas of state parks and forests were unconstitutional in light of a state Supreme Court decision last year that struck a blanket prohibition against possessing guns on state lands. Judge Jeffrey J. Clark sided with attorneys for the Delaware State Sportsmen's Association, who argued that the regulations from the Delaware Department of Natural Resources and Environmental Control and the Delaware Department of Agriculture violated a provision of the state constitution that allows Delaware citizens to keep and bear arms for self-defense outside of the home. Francis G.X. Pileggi, who represented the organization, said that the regulations unlawfully prevented people without an open-carry permit from possessing guns in areas where they slept overnight with their families. Those area, he said, were analogous to 'vacation homes' or other places where families make their home on a temporary basis.https://www.law.com/delawarelawweekly/2018/10/11/judge-nixes-new-gun-regulations-in-state-parks-as-unconstitutional/?slreturn=20180912103313
A Delaware Superior Court judge on Thursday ruled that new regulations banning the open carry of firearms in lodges and camping areas of state parks and forests were unconstitutional in light of a state Supreme Court decision last year that struck a blanket prohibition against possessing guns on state lands.
Judge Jeffrey J. Clark sided with attorneys for the Delaware State Sportsmen's Association, who argued that the regulations from the Delaware Department of Natural Resources and Environmental Control and the Delaware Department of Agriculture violated a provision of the state constitution that allows Delaware citizens to keep and bear arms for self-defense outside of the home.
Francis G.X. Pileggi, who represented the organization, said that the regulations unlawfully prevented people without an open-carry permit from possessing guns in areas where they slept overnight with their families. Those area, he said, were analogous to 'vacation homes' or other places where families make their home on a temporary basis.
https://www.law.com/delawarelawweekly/2018/10/11/judge-nixes-new-gun-regulations-in-state-parks-as-unconstitutional/?slreturn=20180912103313