Castagnera on Risk Management in Higher Education… and more: Risk Management: Can a person be convicted of carrying a concealed weapon in his own home?

Friday, June 22, 2012

Risk Management: Can a person be convicted of carrying a concealed weapon in his own home?

The Delaware Supreme Court responds to this question with a definite "maybe."

http://courts.delaware.gov/opinions/download.aspx?ID=174080

Here's the code section involved in the case:

A person is guilty of carrying a concealed deadly weapon when the person carries concealed a deadly weapon upon or about the person without a license to do so as provided by § 1441 of this title.

Carrying a concealed deadly weapon is a class G felony, unless the accused has been convicted within the previous 5 years of the same offense, in which case it is a class E felony.

11 Del. C. 1953, § 1442; 58 Del. Laws, c. 497, § 1; 59 Del. Laws, c. 547, § 13; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;

And here's the definition of a "deadly weapon" under the Delaware code:

(5) "Deadly weapon" includes a "firearm", as defined in paragraph (12) of this section, a bomb, a knife of any sort (other than an ordinary pocketknife carried in a closed position), switchblade knife, billy, blackjack, bludgeon, metal knuckles, slingshot, razor, bicycle chain or ice pick or any "dangerous instrument", as defined in paragraph (4) of this section, which is used, or attempted to be used, to cause death or serious physical injury. For the purpose of this definition, an ordinary pocketknife shall be a folding knife having a blade not more than 3 inches in length.