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  • bigmancrisler

    2A Preacher
    Jun 4, 2020
    1,263
    Martinsburg, WV
    HELL NO!!!! This pretty much sums it up

    2010 Maryland Code
    CRIMINAL LAW
    TITLE 4 - WEAPON CRIMES
    Subtitle 2 - Handguns
    Section 4-203 - Wearing, carrying, or transporting handgun.
    § 4-203. Wearing, carrying, or transporting handgun.


    (a) Prohibited.-

    (1) Except as provided in subsection (b) of this section, a person may not:

    (i) wear, carry, or transport a handgun, whether concealed or open, on or about the person;

    (ii) wear, carry, or knowingly transport a handgun, whether concealed or open, in a vehicle traveling on a road or parking lot generally used by the public, highway, waterway, or airway of the State;

    (iii) violate item (i) or (ii) of this paragraph while on public school property in the State; or

    (iv) violate item (i) or (ii) of this paragraph with the deliberate purpose of injuring or killing another person.

    (2) There is a rebuttable presumption that a person who transports a handgun under paragraph (1)(ii) of this subsection transports the handgun knowingly.

    (b) Exceptions.- This section does not prohibit:

    (1) the wearing, carrying, or transporting of a handgun by a person who is on active assignment engaged in law enforcement, is authorized at the time and under the circumstances to wear, carry, or transport the handgun as part of the person's official equipment, and is:

    (i) a law enforcement official of the United States, the State, or a county or city of the State;

    (ii) a member of the armed forces of the United States or of the National Guard on duty or traveling to or from duty;

    (iii) a law enforcement official of another state or subdivision of another state temporarily in this State on official business;

    (iv) a correctional officer or warden of a correctional facility in the State;

    (v) a sheriff or full-time assistant or deputy sheriff of the State; or

    (vi) a temporary or part-time sheriff's deputy;

    (2) the wearing, carrying, or transporting of a handgun by a person to whom a permit to wear, carry, or transport the handgun has been issued under Title 5, Subtitle 3 of the Public Safety Article;

    (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;

    (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; or

    (9) the wearing, carrying, or transporting of a handgun by a person who is carrying a court order requiring the surrender of the handgun, if:

    (i) the handgun is unloaded;

    (ii) the person has notified the law enforcement unit, barracks, or station that the handgun is being transported in accordance with the court order; and

    (iii) the person transports the handgun directly to the law enforcement unit, barracks, or station.

    (c) Penalty.-

    (1) A person who violates this section is guilty of a misdemeanor and on conviction is subject to the penalties provided in this subsection.

    (2) If the person has not previously been convicted under this section, § 4-204 of this subtitle, or § 4-101 or § 4-102 of this title:

    (i) except as provided in item (ii) of this paragraph, the person is subject to imprisonment for not less than 30 days and not exceeding 3 years or a fine of not less than $250 and not exceeding $2,500 or both; or

    (ii) if the person violates subsection (a)(1)(iii) of this section, the person shall be sentenced to imprisonment for not less than 90 days.

    (3) (i) If the person has previously been convicted once under this section, § 4-204 of this subtitle, or § 4-101 or § 4-102 of this title:

    1. except as provided in item 2 of this subparagraph, the person is subject to imprisonment for not less than 1 year and not exceeding 10 years; or

    2. if the person violates subsection (a)(1)(iii) of this section, the person is subject to imprisonment for not less than 3 years and not exceeding 10 years.

    (ii) The court may not impose less than the applicable minimum sentence provided under subparagraph (i) of this paragraph.

    (4) (i) If the person has previously been convicted more than once under this section, § 4-204 of this subtitle, or § 4-101 or § 4-102 of this title, or of any combination of these crimes:

    1. except as provided in item (2) of this subparagraph, the person is subject to imprisonment for not less than 3 years and not exceeding 10 years; or

    2. A. if the person violates subsection (a)(1)(iii) of this section, the person is subject to imprisonment for not less than 5 years and not exceeding 10 years; or

    B. if the person violates subsection (a)(1)(iv) of this section, the person is subject to imprisonment for not less than 5 years and not exceeding 10 years.

    (ii) The court may not impose less than the applicable minimum sentence provided under subparagraph (i) of this paragraph.


    [An. Code 1957, art. 27, § 36B(b), (c); 2002, ch. 26, § 2; 2003, ch. 17; ch. 21, § 1; 2004, ch. 25; 2005, ch. 482; 2010, ch. 712.]


    Thanks for that, super helpful!!


    Sent from my iPhone using Tapatalk
     

    Blasting

    Member
    Feb 12, 2020
    27
    I am not a lawyer and this type of law changes so damn fast and often, it is impossible to keep up...

    The last time I read the MD Code: Ammo in a magazine, even if the mag is not in the gun, is considered a LOADED gun.
     
    Last edited:

    andrewkozak

    Member
    Sep 9, 2015
    3
    Anne Arundel County
    I am not a lawyer and this type of law changes so damn fast and often, it is impossible to keep up...

    The last time I read the MD Code: Ammo in a magazine, even if the mag is not in the gun, is considered a LOADED gun.

    I keep the below in my range binder. Are you citing something that supersedes this opinion?
     

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    • 20100115 MD AG Magazine Letter.jpg
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    Blasting

    Member
    Feb 12, 2020
    27
    That cites some condition that is not defined so I cannot answer your question without learning what the letter specifically refers to - maybe it just means while going to the range or gunsmith etc.

    I was reading from the Annotated Code of MD and it said when transporting in a vehicle the gun must be unloaded and cased. I then looked up, in that same section, what the definition of unloaded and cased meant. The Code said (ececutive summary - no quote): cased was as easy as a holster with a strap and it said ammo in the mag even if the mag is not in the gun is considered a loaded gun.

    And most important I said I am not a lawyer and the law changes.



    I keep the below in my range binder. Are you citing something that supersedes this opinion?
     

    Mark75H

    MD Wear&Carry Instructor
    Industry Partner
    MDS Supporter
    Sep 25, 2011
    17,172
    Outside the Gates
    That cites some condition that is not defined so I cannot answer your question without learning what the letter specifically refers to - maybe it just means while going to the range or gunsmith etc.

    I was reading from the Annotated Code of MD and it said when transporting in a vehicle the gun must be unloaded and cased. I then looked up, in that same section, what the definition of unloaded and cased meant. The Code said (ececutive summary - no quote): cased was as easy as a holster with a strap and it said ammo in the mag even if the mag is not in the gun is considered a loaded gun.

    And most important I said I am not a lawyer and the law changes.

    Again, asking for direct citation that counters the letter posted above your comment.
     

    Blasting

    Member
    Feb 12, 2020
    27
    Again, asking for direct citation that counters the letter posted above your comment.

    Again - The ANNOTATED CODE OF MD!!!!! If you want the chapter and section you will have to look it up yourself.

    You do what you want but I will take the word from a hard copy of the book right off the shelf from the library in the Court of Special of Appeals over a comment in a letter that addresses a specific condition and also specifically states this is not an official opinion.
     

    Blasting

    Member
    Feb 12, 2020
    27
    Yes, that is exactly where one should look and see that you are sadly mistaken.

    I am not mistaken as I posted it may have changed
    . So instead of being argumentative, and since you are so damn sure, then post up the updated law as it appears in the Code.
     

    mranaya

    Task Force Sunny, 2009
    Jun 19, 2011
    996
    Hanover MD
    A previous MD Attorney General, Doug Gansler, argued that Marylanders did not need to be able to carry a concealed handgun, because it was already lawful to open carry a long gun. Following is Delgate Mike Smigiel's argument in demanding Maryland become a Shall Issue state, to Annapolis:
    https://www.youtube.com/watch?v=HR541Ea9n70
    Following is the video Mike Smigiel provided to the Delegates and that they were reviewing in the above video:
    https://www.youtube.com/watch?v=GKtkefEcDQY
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,087
    I am not a lawyer and this type of law changes so damn fast and often, it is impossible to keep up...

    The last time I read the MD Code: Ammo in a magazine, even if the mag is not in the gun, is considered a LOADED gun.

    Ummmm.....That is completely incorrect and the trainers that keep telling folks this need to be outed.

    MD code has NEVER stated that a magazine is considered a loaded firearm.

    NEVER.
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,087
    That cites some condition that is not defined so I cannot answer your question without learning what the letter specifically refers to - maybe it just means while going to the range or gunsmith etc.

    I was reading from the Annotated Code of MD and it said when transporting in a vehicle the gun must be unloaded and cased. I then looked up, in that same section, what the definition of unloaded and cased meant. The Code said (ececutive summary - no quote): cased was as easy as a holster with a strap and it said ammo in the mag even if the mag is not in the gun is considered a loaded gun.

    And most important I said I am not a lawyer and the law changes.

    Yeh, that "executive summary" is an opinion by a third party that maintains the website you looked at.

    NO WHERE in MD State Statute is a loaded magazine defined as a loaded firearm.

    The letter above was in response to a request from a MD Senator in regards to transporting a handgun under MD State Statute and the condition of the magazine.

    Per the AG, a loaded magazine may be kept in the same case as a firearm so long as it is not is said firearm, and is perfectly legal to do so.
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,087

    I am not mistaken as I posted it may have changed
    . So instead of being argumentative, and since you are so damn sure, then post up the updated law as it appears in the Code.

    It hasn't changed, a loaded magazine has NEVER been defined as a firearm in MD State Statute.
     

    Blasting

    Member
    Feb 12, 2020
    27
    It hasn't changed, a loaded magazine has NEVER been defined as a firearm in MD State Statute.

    I did not say it was defined as a firearm but the definitions section of the code definitely said (past-tense) loaded mag = loaded gun even if the mag is not in the gun.

    I ALSO SAID THIS STUFF CHANGES FREQUENTLY AND OFTEN.
    That is why there are pockets in the back of the code books one must check to learn if the law has been amended.

    I also said I am not a lawyer - I was a paralegal when I was in college in the 90's and the law was quite clear.

    Folks say it is not so today. Fantastic! I am glad if true but all I have seen is a opinion letter that says this ain't no opinion!
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,087
    I did not say it was defined as a firearm but the definitions section of the code definitely said (past-tense) loaded mag = loaded gun even if the mag is not in the gun.

    I ALSO SAID THIS STUFF CHANGES FREQUENTLY AND OFTEN.
    That is why there are pockets in the back of the code books one must check to learn if the law has been amended.

    I also said I am not a lawyer - I was a paralegal when I was in college in the 90's and the law was quite clear.

    Folks say it is not so today. Fantastic! I am glad if true but all I have seen is a opinion letter that says this ain't no opinion!

    That definition has never been in print in Maryland State Statute. An executive opinion is not a statute definition. This can be proved by looking at every writing and update of the state from inception in the Legislative Library in Annapolis (Something I had to research as a deputy Chief of Staff for a MD Delegate). I'll be happy to send you the 176 pages of the statute from inception if you would like?

    As for the written opinion, there has been one posted by AAG Bowen who is the AG for MSP. And the letter was in answer to a specific question about carrying loaded magazines with firearm from a MD Senator.
     

    Blasting

    Member
    Feb 12, 2020
    27
    That definition has never been in print in Maryland State Statute. An executive opinion is not a statute definition. This can be proved by looking at every writing and update of the state from inception in the Legislative Library in Annapolis (Something I had to research as a deputy Chief of Staff for a MD Delegate). I'll be happy to send you the 176 pages of the statute from inception if you would like?

    As for the written opinion, there has been one posted by AAG Bowen who is the AG for MSP. And the letter was in answer to a specific question about carrying loaded magazines with firearm from a MD Senator.

    No, I want you to post it up because I know I read it.

    And since so many seem to have trouble following a post you do know I am not the one claiming an opinion is a definition.
     

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