Private property carry

[chevydave]

Can I OC or CC if it is my own personal property? Here's the situation my grandfather owns 40 acres of land on the eastern shore 35 all woods and 5 that are an open field. I cut the grass in the open field for him and do a little shooting about once a month (he's 92 can't cut it himself) can I carry my pistol while I'm there or does the land need to be in my name?? Or is that still illegal no matter what?? Btw I will take ownership of said land when he passes away don't know of this helps.

 

[Inigoes]

If you have written permission, you should be fine.

IANAL

 

[Mark75H]

Btw I will take ownership of said land when he passes away don't know of this helps.

Don't count on that unless there are no other living relatives. My dad was supposed to inherit from his grandfather many moons ago, helped him out the same way ... even put a new roof on the house for him ... and it did not happen.

If your grandfather is serious about you getting the land, he should transfer it to you now and you can start paying the taxes on it etc.

 

[chevydave]

It's written in the will currently and I have copy's of the will (he moved into our house we built an apartment into our basement after my grandmother died)

 

[Mark75H]

Same thing my dad had A will is virtually useless ... (my dad later served as a probate judge, so he knows from both sides of the law)

 

[awptickes]

Get something in writing. Yes, it's legal for you to carry if you have permission from the property owner.

Something to ponder is what happens if he is incapacitated, you call the EMTs, and a cop comes along with them, sees you with a gun and arrests you for illegally carrying?

 

[chevydave]

Something to ponder is what happens if he is incapacitated, you call the EMTs, and a cop comes along with them, sees you with a gun and arrests you for illegally carrying?

That's why I asked cops are always driving by

 

[chevydave]

Same thing my dad had A will is virtually useless ... (my dad later served as a probate judge, so he knows from both sides of the law)

I'll look into transferring it now thx for the heads up

 

[Andras]

Can I OC or CC if it is my own personal property? Here's the situation my grandfather owns 40 acres of land on the eastern shore 35 all woods and 5 that are an open field. I cut the grass in the open field for him and do a little shooting about once a month (he's 92 can't cut it himself) can I carry my pistol while I'm there or does the land need to be in my name?? Or is that still illegal no matter what?? Btw I will take ownership of said land when he passes away don't know of this helps.

Lease the land from him for $1 a year.

If you don't own/rent/lease the land, it is not a legal destination unless you shoot every time you go.

 

[CrabbyMcNab]

+1 about transfering the property now. It will save a lot of hassles later, other relatives, leins, inheritance proceedings.

There are a couple lawyers on here, you might want to speak with them for some info.

Then you can have an MDS shoot!

 

[CharlieFoxtrot]

+1 about transfering the property now. It will save a lot of hassles later, other relatives, leins, inheritance proceedings.

That is not always a good idea, in fact is generally a bad idea. There are ways to put it in trust etc. to speed up or bypass the probate process. You really need to see a lawyer who specializes in this area. I think this is in Rusty's area of practice.

 

[rico903]

That is not always a good idea, in fact is generally a bad idea. There are ways to put it in trust etc. to speed up or bypass the probate process. You really need to see a lawyer who specializes in this area. I think this is in Rusty's area of practice.

+1 on this. There are a few options. You could also be added to title now for instance. A title atty would be good to talk to explore your options.

 

[hvymax]

You should be fine as is but the $1 lease is probably your best bet. You don't want to come off as a vulture to him and ruin what time he has left. If police do check you out do not leave the property in posession of the firearm even if invited by the police to do so.

 

[BurtonRW]

Get something in writing. Yes, it's legal for you to carry if you have permission from the property owner.

Um... NO!

To quote a friend of mine, "I predict that there will be many suggestions and statements about the law made here, and some of them will be spectacularly wrong."

This is a good example of advice that could get you arrested and charged with a jailable misdemeanor.

The law in Maryland is fairly clear on this. The relevant exception to the general prohibition on wearing, carrying, or transporting a handgun is limited to property OWNERS, LESSEES, or RESIDENTS of private property.

Some counties require written permission from the property owner before one may lawfully discharge a firearm there (i.e., target practice on your friend's back 40), but that's a matter of county codes (most of which I'm not intimately familiar with) and not what we're talking about here.

-Rob

 

[haoleboy]

Anyone have the link where it says a person can carry ccw or concealed legally on any property they own or lease?

 

[awptickes]

Um... NO!

To quote a friend of mine, "I predict that there will be many suggestions and statements about the law made here, and some of them will be spectacularly wrong."

This is a good example of advice that could get you arrested and charged with a jailable misdemeanor.

The law in Maryland is fairly clear on this. The relevant exception to the general prohibition on wearing, carrying, or transporting a handgun is limited to property OWNERS, LESSEES, or RESIDENTS of private property.

Some counties require written permission from the property owner before one may lawfully discharge a firearm there (i.e., target practice on your friend's back 40), but that's a matter of county codes (most of which I'm not intimately familiar with) and not what we're talking about here.

-Rob

Can you point to the specific part of the code that clarifies this?

 

[chevydave]

Well after a long talk he is signing over the property to me before he passes so I will be the owner sometime in the next month

 

[BurtonRW]

Sure. It's Criminal 4-203(b)(6).

Paragraph (7) is the exception for supervisory employees of a business w/ the owner's permission.

Those are the exceptions. They are narrowly written and will more than likely be construed as literally as possible by a judge.

If you're carrying on property that is not your own, just make sure you're engaged in some informal target shooting. Just carrying for practical purposes (even on a farm with the owner's permission) doesn't cut it in Maryland.

This does NOT apply to non-regulated long guns, of course.

-Rob, Esq.

 

[haoleboy]

the property I'm talking about is legally leased for hunting.

 

[BurtonRW]

the property I'm talking about is legally leased for hunting.

There's a separate exception (same section, paragraph (4)) carved out for wearing/carrying/transporting a handgun in connection with hunting. In other words, if you're handgun hunting, no problem, as long as it's otherwise legal.

If you're not hunting with the handgun, and just carrying it while you're hunting, that's probably more of a grey area and I wouldn't want to be the test case. Also not sure I'd want to test whether a hunting lease satisfied the legislative intent behind paragraph (6) - especially since a plain-language reading would suggest that the statute is worded in contemplation of a general lease of the real estate itself, which a hunting lease is not.

[Insert disclaimer about general legal advice, every situation is different, etc., here]

-Rob