Open Carry in Maryland

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  • dapefley

    Ultimate Member
    Jan 20, 2013
    1,147
    Hughesville MD
    Mods, if this is in the wrong place, please move accordingly.

    This thought has been with me for a while, and a preliminary search turned up nothing. (Apparently my googlefu is off today, so if you find something, please point it out to me.)

    My understanding is this:
    In Maryland, we are allowed to open carry, conceal carry, or (whatever) carry, on our own property. We are also allowed to transport (specifically handguns) from one lawful place, to another. We are also allowed an carry where legal, such as gun ranges (per rules permitting). My question/thought is, what would the laws be about having private establishments, such as restaurants, that allow open carry, as long as it is on private property?

    I don't know, but it was just a thought that occurred to me (thanks to The Cajun Experience in Leesburg, Va.).
     

    Name Taken

    Ultimate Member
    Feb 23, 2010
    11,891
    Central
    Likely a no go per the law. There is an exception for Mangers at private businesses not customers.

    Places open to the public are public regardless if it's "private property".
     

    dapefley

    Ultimate Member
    Jan 20, 2013
    1,147
    Hughesville MD
    Hmm.. What about something like "clubs". They are open to the public, but not everyone???? I am thinking something like (don't bash me here, just using as examples) Knights of Columbus, or on the flip side, Free Masons....Idk, just thinking out loud here.
     

    lx1x

    Peanut Gallery
    Apr 19, 2009
    26,992
    Maryland
    Quick answer is no.

    Need special permit and written permission from owner.

    Va is totally different since the state itself allow open carry to anyone.. not so much for md .
     

    jonnyl

    Ultimate Member
    Sep 23, 2009
    5,969
    Frederick
    Hmm.. What about something like "clubs". They are open to the public, but not everyone???? I am thinking something like (don't bash me here, just using as examples) Knights of Columbus, or on the flip side, Free Masons....Idk, just thinking out loud here.

    Something along the lines of "Hey, I own this restaurant and we'll be "closed to the public" on Saturday night for a private function. Which happens to allow firearms to be carried while on "my property" ??

    Interesting idea, one potential issue could be transporting to the event. If someone can make a case that they're a bona fide collector they could transport there to "show part of their collection". But otherwise the restaurant wouldn't be one of the exceptions listed in the law.
     

    Schipperke

    Ultimate Member
    MDS Supporter
    Feb 19, 2013
    18,829
    Many years ago, wife and I were in Utah. Was early and we saw a coffee shop. Walk in and we had to "join" , it was a private club. This allowed smoking.
     

    dapefley

    Ultimate Member
    Jan 20, 2013
    1,147
    Hughesville MD
    Something along the lines of "Hey, I own this restaurant and we'll be "closed to the public" on Saturday night for a private function. Which happens to allow firearms to be carried while on "my property" ??

    Interesting idea, one potential issue could be transporting to the event. If someone can make a case that they're a bona fide collector they could transport there to "show part of their collection". But otherwise the restaurant wouldn't be one of the exceptions listed in the law.

    This is more along the lines that I was thinking. Again, if the restaurant/establishment was on private property, and owned (ie. not rented and not in a strip mall). Due to the law about transportation, my understanding, and only mine, was that as long as you were transporting from one point to legally have it, to another, you were fine. If that is the case, I cannot see how it would be a problem.... Again, I am not sure if I am just too hopeful, or completely crazy about that thought.
     

    Inigoes

    Head'n for the hills
    MDS Supporter
    Dec 21, 2008
    49,657
    SoMD / West PA
    "Even, if a private establishment owner said you could in writing"

    You still need meet an exemption category of 4-203.
     

    lx1x

    Peanut Gallery
    Apr 19, 2009
    26,992
    Maryland
    This is more along the lines that I was thinking. Again, if the restaurant/establishment was on private property, and owned (ie. not rented and not in a strip mall). Due to the law about transportation, my understanding, and only mine, was that as long as you were transporting from one point to legally have it, to another, you were fine. If that is the case, I cannot see how it would be a problem.... Again, I am not sure if I am just too hopeful, or completely crazy about that thought.

    forgot exactly the language.. but there is a written law where can one carry to.

    don't think a restaurant is a qualifier unless a) you own the place and b) you are supervisory employee for that place which requires the owners permission.
     

    Blaster229

    God loves you, I don't.
    MDS Supporter
    Sep 14, 2010
    46,793
    Glen Burnie
    Sounds like a hoot of a good time. Lets all throw our shootin irons on and sit at someone's place and open carry inside while eating. :rolleyes:
     

    jonnyl

    Ultimate Member
    Sep 23, 2009
    5,969
    Frederick
    This is more along the lines that I was thinking. Again, if the restaurant/establishment was on private property, and owned (ie. not rented and not in a strip mall). Due to the law about transportation, my understanding, and only mine, was that as long as you were transporting from one point to legally have it, to another, you were fine. If that is the case, I cannot see how it would be a problem.... Again, I am not sure if I am just too hopeful, or completely crazy about that thought.

    I think the "from a place you can lawfully possess to a place you can lawfully possess" is closer to the wording in the Federal FOPA which wouldn't apply here.

    Here's the wording from 4-203. I think section 5 may be your best bet based on a private exhibition. But again, if the attendees can't make a case for being a bona fide collector it might be sticky. Or maybe a training class, followed by dinner, but I think those things are getting farther from your original intent.

    (3) the carrying of a handgun on the person or in a vehicle while the person is transporting the handgun to or from the place of legal purchase or sale, or to or from a bona fide repair shop, or between bona fide residences of the person, or between the bona fide residence and place of business of the person, if the business is operated and owned substantially by the person if each handgun is unloaded and carried in an enclosed case or an enclosed holster;
    (4) the wearing, carrying, or transporting by a person of a handgun used in connection with an organized military activity, a target shoot, formal or informal target practice, sport shooting event, hunting, a Department of Natural Resources-sponsored firearms and hunter safety class, trapping, or a dog obedience training class or show, while the person is engaged in, on the way to, or returning from that activity if each handgun is unloaded and carried in an enclosed case or an enclosed holster;

    (5) the moving by a bona fide gun collector of part or all of the collector's gun collection from place to place for public or private exhibition if each handgun is unloaded and carried in an enclosed case or an enclosed holster;

    (6) the wearing, carrying, or transporting of a handgun by a person on real estate that the person owns or leases or where the person resides or within the confines of a business establishment that the person owns or leases;

    (7) the wearing, carrying, or transporting of a handgun by a supervisory employee:

    (i) in the course of employment;

    (ii) within the confines of the business establishment in which the supervisory employee is employed; and

    (iii) when so authorized by the owner or manager of the business establishment; or

    (8) the carrying or transporting of a signal pistol or other visual distress signal approved by the United States Coast Guard in a vessel on the waterways of the State or, if the signal pistol or other visual distress signal is unloaded and carried in an enclosed case, in a vehicle.
     

    dapefley

    Ultimate Member
    Jan 20, 2013
    1,147
    Hughesville MD
    I guess I am just a dreamer... Its sad that in one state, you can carry anywhere, and in another, right across the river, you have to worry about where and how you even transport your firearms, much less carry them....
     

    hvymax

    Banned
    BANNED!!!
    Apr 19, 2010
    14,011
    Dentsville District 28
    Sounds like a hoot of a good time. Lets all throw our shootin irons on and sit at someone's place and open carry inside while eating. :rolleyes:

    Bunch of us did that at my house a week and a half ago. We even managed to go through thousands and thousands of rounds and had some great BBQ to go with our BBQ guns. My camo holster even matches my camo Crocks.
     

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    lx1x

    Peanut Gallery
    Apr 19, 2009
    26,992
    Maryland
    Bunch of us did that at my house a week and a half ago. We even managed to go through thousands and thousands of rounds and had some great BBQ to go with our BBQ guns. My camo holster even matches my camo Crocks.

    lol.. your's fits in the law..

    "informal target practice" ;)
     

    Blaster229

    God loves you, I don't.
    MDS Supporter
    Sep 14, 2010
    46,793
    Glen Burnie
    Bunch of us did that at my house a week and a half ago. We even managed to go through thousands and thousands of rounds and had some great BBQ to go with our BBQ guns. My camo holster even matches my camo Crocks.

    I know. I waited for my invite ;). Your shindig was a basically a party and fun. The OP I was just picturing inside some restaurant just clamoring around.
     

    dapefley

    Ultimate Member
    Jan 20, 2013
    1,147
    Hughesville MD
    You gotta make me jealous dontcha.... LOL I really need to get some land and do this.... But probably won't be in this state, unfortunately....
     

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