MD law Section 4-203

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  • rpker

    Ultimate Member
    Jun 26, 2009
    2,577
    Charles County
    Maryland Criminal Law Section 4-203
    Article - Criminal Law

    § 4-203.

    (a) (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) 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; 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.

    (c) (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.

    I know that 99% of the LEO's will not interpret it this way but the law (MD 4-203) as quoted in it's entirety above states clearly that a person may wear a firearm ON THEIR PERSON on the way to or returning from a target shoot as long as the pistol is unloaded and in an enclosed holster. Has anyone here tested that theory yet?
     

    randomjoe

    Active Member
    Jan 16, 2009
    133
    Unloaded and "in transit" meaning no stops for gas, no stops at the store, etc. That is where people will fail. If you are going to and from the event within the speed limits/rule of the road how will anyone know what you are doing?
     

    Markp

    Ultimate Member
    Dec 22, 2008
    9,392
    I know that 99% of the LEO's will not interpret it this way but the law (MD 4-203) as quoted in it's entirety above states clearly that a person may wear a firearm ON THEIR PERSON on the way to or returning from a target shoot as long as the pistol is unloaded and in an enclosed holster. Has anyone here tested that theory yet?

    That's exactly what it means... and as long as it's an enclosed holster you're within the law.

    I have never been pulled over, but going to or returning from target shooting I keep a firearm within reach, in an enclosed holster and unloaded in my vehicle. It's usually my Tokarev TTC.

    I wouldn't want anyone getting a hold of the other weapons I am transporting and this seems to be the most prudent course of action.

    Mark
     

    Markp

    Ultimate Member
    Dec 22, 2008
    9,392
    Unloaded and "in transit" meaning no stops for gas, no stops at the store, etc. That is where people will fail. If you are going to and from the event within the speed limits/rule of the road how will anyone know what you are doing?

    No it doesn't, it states transporting, not transporting directly. Nothing in there prohibits reasonable stops. If the law read like California's law, then it would mean no stops. Maryland law is silent on whether stops are authorized, but considering that Maryland's law is heavily based on the laws passed in CA one would assume that if they meant "directly" they would have stated so like this:


    # 12026.2. (a) Section 12025 does not apply to, or affect, any of the following:
    (1) The possession of a firearm by an authorized participant in a motion picture, television, or video production or entertainment event when the participant lawfully uses the firearm as part of that production or event or while going directly to, or coming directly from, that production or event.
    (2) The possession of a firearm in a locked container by a member of any club or organization, organized for the purpose of lawfully collecting and lawfully displaying pistols, revolvers, or other firearms, while the member is at meetings of the clubs or organizations or while going directly to, and coming directly from, those meetings.
    (3) The transportation of a firearm by a participant when going directly to, or coming directly from, a recognized safety or hunter safety class, or a recognized sporting event involving that firearm....


    Maryland law does not state that the person must be traveling DIRECTLY to or from an authorized activity. Never read into the law... I am not a lawyer, I don't pretend to be a lawyer, I would prefer to have a lawyer's opinion on this, but this is the belief I hold.

    Mark
     

    Markp

    Ultimate Member
    Dec 22, 2008
    9,392
    It says "on the way to or returning from" but mentions nothing about stopping.

    That's right, it doesn't say that stops are prohibited... It says that you are going to or from... nothing there states you must be going directly. Adding to the law will get you to overcompensate and play it safe. So yes, it's safer to assume no stops, but that's not what the law says.

    Mark
     

    vette97

    Ultimate Member
    Feb 9, 2008
    1,915
    Carroll County, Maryland
    I wouldn't want to be the test case either. One time, on the way back from On Target, traffic on the beltway was stopped, so I took the left shoulder and creeped along so I wouldn't get sited for stopping while transporting a handgun. People were rolling their windows down yelling at me but once I yelled back that "I have a gun" they understood and let me continue on without impact because they know the law.
     

    Boondock Saint

    Ultimate Member
    Dec 11, 2008
    24,367
    White Marsh
    I wouldn't want to be the test case either. One time, on the way back from On Target, traffic on the beltway was stopped, so I took the left shoulder and creeped along so I wouldn't get sited for stopping while transporting a handgun. People were rolling their windows down yelling at me but once I yelled back that "I have a gun" they understood and let me continue on without impact because they know the law.

    :lol2:
     

    clandestine

    AR-15 Savant
    Oct 13, 2008
    37,031
    Elkton, MD
    I wouldn't want to be the test case either. One time, on the way back from On Target, traffic on the beltway was stopped, so I took the left shoulder and creeped along so I wouldn't get sited for stopping while transporting a handgun. People were rolling their windows down yelling at me but once I yelled back that "I have a gun" they understood and let me continue on without impact because they know the law.

    WIN!:lol2:
     

    rch184

    Active Member
    Aug 30, 2010
    114
    Ceciltucky, Md.
    S.O.S.

    I remember in the 70's Maryland Annotated Codes covering firearms was 2 paragraphs. My how things have changed in Commyland!...... IF legislators start drafting redundant and useless laws to control the law abiding populous you are no longer free but slaves! Pray for our freedom in Maryland...... :bowdown::mdpatriot
     

    randomjoe

    Active Member
    Jan 16, 2009
    133
    So back to the original post before the sidetracks:

    Since the paragraph doesn't cover stops in transit, what about the statement "enclosed holster?"

    Are we talking about a fully enclosed WW2 style 45 holster, or does a simple belt holster suffice?
     

    Biff_N

    Active Member
    Jan 7, 2010
    381
    There was an issue several years ago in MD where MSP were harassing those leaving a gun show and stopping at McDonalds down the block to grab some food.
     

    rambling_one

    Ultimate Member
    MDS Supporter
    Oct 19, 2007
    6,725
    Bowie, MD
    As a point of clarity, one can go to and from the range on foot as well.

    As for stopping "to and fro," a bill was introduced a year or so ago that would have clarifed the matter. It never got out of committee.

    And, there was another anecdotal story about a fellow who left a range and stopped to pay his rent before proceeding to his apartment, was stopped, etc etc.
     

    MDGolom

    Ultimate Member
    Sep 29, 2010
    1,217
    Baltimore County
    I wonder what the MD AG would say

    I e-mailed the assistant states attorney for the MSP about transporting a gun out of state and whether stopping at a range on the way to or from PA would qualify under 4-203(b). The exact question was about doing other things in between the range and then coming home. His comment (not an official opinion) was the in theory it would, but there is no appellate cases to support this. So, it's one of those things until we have a test case, it's buyer beware.
     

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