Griffin v. State

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Justia Opinion Summary

Appellant was carrying a concealed knife in his home when he was arrested. At issue was whether a person could be convicted of carrying a concealed weapon in his home. Under the Delaware Constitution, Delaware citizens have a constitutional right to keep and bear arms for the defense of themselves, their families, and their homes. Appellant claimed that when the police asked about his knife, he told them it was hidden in his pants. If a jury were to accept appellant's version of the events surrounding his arrest, he would not be subject to prosecution for carrying a concealed deadly weapon. Because the jury was not properly instructed, the court remanded for a new trial on that charge alone.