The city of Newark Delaware recently tried to pass an ordinance that would essentially make it illegal to open carry a firearm within the city. After seeing this I re-read the Delaware code because I knew there was a preemption law in Delaware. I then sent emails to the Mayor, the news desk at the local radio station where I read about the ordinance, and to the DE attorney general, questioning the legality of the ordinance. Below you can read the city solicitor's letter and the proposed ordinance.
http://www.cityofnewarkde.us/DocumentView.asp?DID=517
And here is the Delaware code (title 22 chapter 1 section 111)dealing with preemption:
111. Limitation on firearm regulations.
The municipal governments shall enact no law, ordinance or regulation prohibiting, restricting or licensing the ownership, transfer, possession or transportation of firearms or components of firearms or ammunition except that the discharge of a firearm may be regulated; provided any law, ordinance or regulation incorporates the justification defenses as found in Title 11. Nothing contained herein shall be construed to invalidate municipal ordinances existing before July 4, 1985, and any ordinance enacted after July 4, 1985, is hereby repealed. Notwithstanding the provisions of this section to the contrary, the City of Wilmington may, in addition to the nature and extent of regulation permitted by this section, enact any law or ordinance governing the possession or concealment of a paintball gun within its corporate limits as it deems necessary to protect the public safety. (65 Del. Laws, c. 278, § 1; 74 Del. Laws, c. 280, § 1.)
Ever vigilant.
http://www.cityofnewarkde.us/DocumentView.asp?DID=517
And here is the Delaware code (title 22 chapter 1 section 111)dealing with preemption:
111. Limitation on firearm regulations.
The municipal governments shall enact no law, ordinance or regulation prohibiting, restricting or licensing the ownership, transfer, possession or transportation of firearms or components of firearms or ammunition except that the discharge of a firearm may be regulated; provided any law, ordinance or regulation incorporates the justification defenses as found in Title 11. Nothing contained herein shall be construed to invalidate municipal ordinances existing before July 4, 1985, and any ordinance enacted after July 4, 1985, is hereby repealed. Notwithstanding the provisions of this section to the contrary, the City of Wilmington may, in addition to the nature and extent of regulation permitted by this section, enact any law or ordinance governing the possession or concealment of a paintball gun within its corporate limits as it deems necessary to protect the public safety. (65 Del. Laws, c. 278, § 1; 74 Del. Laws, c. 280, § 1.)
Ever vigilant.
