AZ Boy Shoots Armed Intruder While Babysitting

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  • safecracker

    Unrepentant Sinner
    Feb 26, 2009
    2,405
    Nice shooting!

    I wonder how that gun was stored... Dad would probably be charged here in Maryland for allowing him access to it.
    I was thinking the same thing. In Maryland, the story would have had a much sadder ending.
     

    esqappellate

    President, MSI
    Feb 12, 2012
    7,408
    Nice shooting!

    I wonder how that gun was stored... Dad would probably be charged here in Maryland for allowing him access to it.

    See MD Criminal Article 4-104(c), (d):

    (c) A person may not store or leave a loaded firearm in a location where the person knew or should have known that an unsupervised child would gain access to the firearm.
    (d) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000.

    A child is defined as under the age of 16.
    "(b) This section does not apply if:
    (1) the child's access to a firearm is supervised by an individual at least 18 years old;
    (2) the child's access to a firearm was obtained as a result of an unlawful entry;
    (3) the firearm is in the possession or control of a law enforcement officer while the officer is engaged in official duties; or
    (4) the child has a certificate of firearm and hunter safety issued under § 10-301.1 of the Natural Resources Article."
     

    Maestro Pistolero

    Active Member
    Mar 20, 2012
    876
    See MD Criminal Article 4-104(c), (d):

    (c) A person may not store or leave a loaded firearm in a location where the person knew or should have known that an unsupervised child would gain access to the firearm.
    (d) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000.

    A child is defined as under the age of 16.
    "(b) This section does not apply if:
    (1) the child's access to a firearm is supervised by an individual at least 18 years old;
    (2) the child's access to a firearm was obtained as a result of an unlawful entry;
    (3) the firearm is in the possession or control of a law enforcement officer while the officer is engaged in official duties; or
    (4) the child has a certificate of firearm and hunter safety issued under § 10-301.1 of the Natural Resources Article."

    Safe storage laws are are highly suspect if not doomed post Heller. Those that survive will need to be VERY narrowly tailored. It's not hard to reason that, rather than constantly strapping on a pistol or long gun in one's home, that a person may wish to to a have accessible, functional firearms stashed in several different locations of his/her house. That, by the way, is how Dr. Martin Luther King did it.
     

    esqappellate

    President, MSI
    Feb 12, 2012
    7,408
    Safe storage laws are are highly suspect if not doomed post Heller. Those that survive will need to be VERY narrowly tailored. It's not hard to reason that, rather than constantly strapping on a pistol or long gun in one's home, that a person may wish to to a have accessible, functional firearms stashed in several different locations of his/her house. That, by the way, is how Dr. Martin Luther King did it.

    I think that is an open question after Heller. The D.C. law at issue in Heller required that the firearm be “unloaded and disassembled or bound by a trigger lock or similar device” The MD statute is not the same. The MD law simply requires that a person cannot leave a "loaded firearm in a location where the person knew or should have known that an unsupervised child would gain access to the firearm" A fully functional gun that is unloaded is not covered (e.g., the magazine can be loaded and near but the gun itself is unloaded). And it imposes the requirement only if you "knew or should have known" -- thus, if you have no children under 16 ever in the house, you need not be concerned. Moreover, the loaded firearm need not be bound by a trigger lock or be disassembled -- it need only be inaccessible to the child. For example, a fully loaded handgun can be in a quick retrievable safe that is accessible to you but not the child. If I had to guess, I would guess that this sort of law would survive a challenge under Heller
     

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