Posted August 13, 2015 5:00 pm by Comments

By Dean Weingarten

Chief Jeffrey Horvath (courtesy depolicechiefscouncil.org)

The Delaware State Constitution has an explicit protection for the right to keep and bear arms. It was enacted in 1987. “A person has the right to keep and bear arms for the defense of self, family, home and State, and for hunting and recreational use. (Art. I, § 20).” It seems that some public officials take their oath of office seriously. In Lewes, Delaware, the city has a ban on the open carry of arms. The legislature, when it passed a comprehensive preemption statute, allowed ordinances that violated the statute to be grandfathered if they existed before July 1, 1985. From delmarvanow.com . . .

With Lewes’ city code being established in 1980, including their “open carry” policy, the number of “what if?” scenarios had council struggling with how they should handle the situation.

From the police department’s side, Chief Jeffrey Horvath [above] said the idea of enforcing something he sees as unconstitutional is untenable.

“The Delaware constitution says you have the right to keep and bear arms. That’s exactly how it’s worded,” Chief Horvath said.

“I don’t want to be in a position where someone is insisting ‘It’s on the books, you’re not enforcing it,’ he added. “I think …read more

Source:: Truth About Guns

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