DNREC, DDA propose new regulations for firearms possession within Delaware state parks, wildlife areas, and state forests

DOVER – The Delaware Department of Natural Resources and Environmental Control (DNREC) and the Delaware Department of Agriculture (DDA) have proposed new regulations expanding the scope of legal possession of firearms within Delaware’s state parks, state wildlife areas and state forests. Both agencies submitted the proposed regulations for publication in the Feb. 1 Monthly Register in response to a Dec. 7, 2017 Delaware Supreme Court decision that overturned a Superior Court ruling and expanded the scope of visitors’ ability to possess firearms in Delaware’s state parks under DNREC’s authority and state forests which are under the DDA’s jurisdiction.

Following the Court’s decision to invalidate existing regulations limiting firearms in those state lands, DNREC and DDA earlier issued interim regulations which went into effect on Dec. 26, 2017. The interim regulations, issued by Orders of the DNREC and DDA Secretaries, respect the State Constitutional provisions on firearms cited by the Supreme Court in its ruling, by implementing the State’s interest in ensuring public safety in a less restrictive manner. Interim regulations are effective for 120 days, with the possibility of a 60-day extension, for a total of 180 days before new regulations must be promulgated.

The proposed regulations by DNREC and DDA, pursuant to the Supreme Court ruling, state that visitors may legally possess firearms, as allowed by Delaware law, in state parks, wildlife areas and forests unless they are prohibited by law due to a past conviction for a violent crime, active Protection from Abuse Order, or mental health commitment. This would include, for example, trails, unguarded beaches, parking lots, and vehicles. The proposed regulations prohibit firearms only in certain public facilities and designated areas such as park offices, visitor centers, nature centers, bathhouses, stadiums and facilities while used for events, museums, zoos, stables, educational facilities, dormitories, playgrounds, camping areas, swimming pools, guarded beaches, and water parks. Proposed regulations call for these designated areas to be identified by appropriate signage.

The proposed regulations allow holders of valid Delaware concealed-carry permits to carry within parks, including designated areas, provided only that the permit be produced upon request. The regulations would further allow active-duty law and qualified retired law enforcement officers to carry anywhere within the parks and other areas affected by Supreme Court decision. The proposed regulations can be found on the DNREC website.

A public hearing on the proposed regulations will be held March 12 at 6 p.m. in DNREC’s Richardson & Robbins Auditorium, 89 Kings Highway, Dover, DE 19901. Public workshops on the proposed regulations will be held in February in all three counties in advance of the March 12 public hearing. The dates, times and locations of the workshops are:

Vol. 48, No. 10

Media Contact: Michael Globetti, DNREC Public Affairs, 302-739-9902

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DNREC, DDA prepare to respond to Delaware Supreme Court’s Dec. 7 decision allowing firearms in state parks and forests

DOVER – The Delaware Supreme Court, by decision dated Dec. 7, 2017 in the matter of Bridgeville Rifle & Pistol Club, LTD, overturned a Superior Court ruling and ended a ban on visitors’ possessing firearms in Delaware’s state parks and state forests. Pursuant to the ruling, visitors may now possess firearms unless they are prohibited by law due to a past conviction for a violent crime, active Protection from Abuse Order, or mental health commitment. Following the Court’s decision to invalidate the existing regulations limiting firearms in state parks and forests, and some Division of Fish & Wildlife properties, the Delaware Department of Natural Resources and Environmental Control and the Delaware Department of Agriculture anticipate issuing interim firearm regulations early next week. The interim regulations would respect the State Constitutional provisions on firearms cited by the Court, by implementing the State’s interest in ensuring the safety of the public in a less restrictive manner.

The State anticipates that these interim regulations would prohibit firearms in certain public facilities and designated areas – including park offices, visitors’ centers, bathhouses, zoos, educational facilities, dormitories, group camping areas, swimming pools, guarded beaches, stadiums and water parks. In addition, the regulations would allow holders of valid Delaware concealed carry permits to carry within parks, including designated areas. The regulations would further allow active-duty law enforcement officers and qualified retired officers to carry anywhere within the parks and other areas affected by Supreme Court decision.

Media contact: Michael Globetti, DNREC Public Affairs, 302-739-9064

Vol. 47, No. 266

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Man Wanted for Fatal Wilmington Shooting Arrested in New York

Wilmington Police and the Delaware Department of Justice have announced the arrest of Taushia Mitchell, 18, of Wilmington the person believed responsible for the July 23rd homicide of James Rogers, 29, of Wilmington, in a home in the 500 block of West 4th Street in Wilmington.

After an extensive investigation involving the Wilmington Police Department, the Delaware Department of Justice, the Federal Bureau of Investigation and the Federal Bureau of Alcohol, Tobacco, Firearms, and Explosives, Taushia Mitchell was arrested in New York City. Mitchell is being held on charges relating to the theft of the homicide victim’s vehicle.

Further investigation by the Wilmington Police Department’s Criminal Investigation Division led to the State of Delaware Department of Justice authorizing arrest warrants for Mitchell for charge of Murder in the First Degree late this afternoon. Mitchell is expected to face extradition next week from New York to Delaware.