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Posted: 4/6/2006 10:02:19 AM EDT
Delaware Code Tit. 11, § 1457 : Possession of a weapon in a Safe School and Recreation Zone; class D,
E, or F: class A or B misdemeanor.

I happen to live within 1000ft of a Safe School and Recreation Zone. Do these zones extend into private property?

Thanks.
Link Posted: 4/7/2006 11:27:34 AM EDT
[Last Edit: 4/7/2006 11:30:43 AM EDT by Poodleshooter]
I believe there was a US Supreme Court case about "Gun Free School Zones" that shot down those rules for homeowners. Try googling that phrase along with "residence" to see if you can get any information.
Edit: found- "U.S. v Lopez" in 1995 was the decision that overturned the "Gun Free School Zones Act",but I don't believe it has been applied to state laws of similar nature yet.

Link Posted: 4/7/2006 11:58:56 AM EDT
Thanks. I'll take a look into it.
Link Posted: 4/7/2006 12:02:04 PM EDT

Originally Posted By Poodleshooter:
I believe there was a US Supreme Court case about "Gun Free School Zones" that shot down those rules for homeowners. Try googling that phrase along with "residence" to see if you can get any information.
Edit: found- "U.S. v Lopez" in 1995 was the decision that overturned the "Gun Free School Zones Act",but I don't believe it has been applied to state laws of similar nature yet.



IIRC That only applies to the Federal law. My assumption (and you know what happens when you assume. Is that you are fine with whatever you have inside your house. Openly displayed outside is anybody's guess.
Link Posted: 4/7/2006 12:05:00 PM EDT
[Last Edit: 4/7/2006 12:06:19 PM EDT by PBIR]
That law does not apply to residences IIRC, but I'd make sure you get confirmation from a Delaware attorney/cop-in-the-know etc.
Link Posted: 4/7/2006 12:31:57 PM EDT
I just left a message with my attorney (the one that I would call if this ever came up). Hopefully he will have some more info.

I did look into US vs Lopez (1995) and FWIW, it looks like the appeal was based mainly on subsection 922q in which congress overstepped it's limitations in governing commerce because the posession of a single firearm (school zone or not) does not qualify as "commerce". It doesn't look like this case applies to private residences, although it would seem one could use this as a defense in any case involving the GFSZ Act (I only read the case info and related sections, so I may be wrong).
Link Posted: 4/7/2006 1:35:42 PM EDT
Found the specific subsection dealing with a private residence and they still manage to make it confusing.

Title 11, Part 1, Chapter 5, Subchapter 7, Section 1457, Subsection (g) states:

"It is an affirmative defense to prosecution for a violation of this section that the prohibited conduct took place entirely within a private residence, and that no person under the age of 18 was present in such private residence at any time during the commission of the offense. The affirmative defense established in this section shall be proved by the defendant by a preponderance of the evidence. Nothing herein shall be construed to establish an affirmative defense with respect to a prosecution for an offense defined in any other section of this chapter."

So it seems that in DE, if you live within 1000ft of a Safe School & Recreation Zone you are not screwed entirely....however, the defense seems to be limited by the fact that no person under the age of 18 was present at the time. There is rarely someone under 18 at my house, but I can see how this could cause problems for homeowners with children or family under 18.
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