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  • knastera

    Just another shooter
    May 6, 2013
    1,484
    Baltimore County
    What's next, a loaded magazine is a loaded gun?



    I tell my students that they may legally transport loaded magazines separately from their guns because I’ve read specific guidance saying it is allowed. Please don't make assumptions or put words in my mouth.

    My rule on teaching is simple, I read the statutes as black and white and teach that. I don't have the luxury of making assumptions for others, even if they make sense, like many of the things you've said. If I can find any official guidance to substantiate an opinion, I'll teach it. I have to be able to back what I teach with written facts.
     

    Rab1515

    Ultimate Member
    Patriot Picket
    Apr 29, 2014
    2,081
    Calvert
    Do you see anything that makes an exception for stopping along the way to an authorized place?

    § 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;

    I bolded it for you. Even if it was considered transport, your exempt if you have a w&c.
     

    knastera

    Just another shooter
    May 6, 2013
    1,484
    Baltimore County
    I bolded it for you. Even if it was considered transport, your exempt if you have a w&c.



    But you stop transporting it when you leave it unattended in the vehicle. Transporting entails moving something from one place to another. The W&C exception allows the permit holder to transport firearms anywhere (something unpermitted people can't do). It does not address effectively storing a firearm in a vehicle.
     

    knastera

    Just another shooter
    May 6, 2013
    1,484
    Baltimore County
    Please stop teaching

    Sent from my SM-N975U using Tapatalk



    So where is the written proof that I am wrong? If I am wrong, I'll gladly admit it, but I need written evidence. If you're willing to teach on your assumptions or interpretations, please don't start teaching.

    One other thing, if my understanding of the law is overly restrictive, who am I hurting? I'm not telling anyone to not carry or transport. I’m just giving people, mostly novices, teaching that will keep them out of trouble.

    Don’t get me wrong, I hate these laws. I believe in personal liberty and our inherent right to protect ourselves. If you’ve never taught people, then you can’t understand the immense responsibility that you have to them. I started teaching firearms almost 40 years ago. I’m not willing to risk my students futures with anything I can’t show them in black and white.
     

    Occam

    Not Even ONE Indictment
    MDS Supporter
    Feb 24, 2018
    20,396
    Montgomery County
    The permit’s granting of the right to transport is utterly silent on whether stepping out of your vehicle for five minutes to pay for gas is any different than ducking into the post office for five minutes.

    The law doesn’t say you can transport with a five minute break from your vehicle, but not a six minute break. It establishes no such boundaries beyond the one and only it actually lays out in plain language: you are exempted from the transport prohibition if you have a permit. Period. No distinction drawn between six or sixty minutes.

    The car is going with me, it’s my transportation away from home. Everything that’s in it is being transported. The permit allows my handgun to be one of those things. If the law was intended to make the permit exemption apply for five minutes out of the vehicle but not fifty-five, there would be at least a hint of that intention/distinction. There is absolutely nothing, except the exception - with no time related qualifiers - in plain language.
     

    knastera

    Just another shooter
    May 6, 2013
    1,484
    Baltimore County
    The permit’s granting of the right to transport is utterly silent on whether stepping out of your vehicle for five minutes to pay for gas is any different than ducking into the post office for five minutes.

    The law doesn’t say you can transport with a five minute break from your vehicle, but not a six minute break. It establishes no such boundaries beyond the one and only it actually lays out in plain language: you are exempted from the transport prohibition if you have a permit. Period. No distinction drawn between six or sixty minutes.

    The car is going with me, it’s my transportation away from home. Everything that’s in it is being transported. The permit allows my handgun to be one of those things. If the law was intended to make the permit exemption apply for five minutes out of the vehicle but not fifty-five, there would be at least a hint of that intention/distinction. There is absolutely nothing, except the exception - with no time related qualifiers - in plain language.



    I totally agree with you. I am just not willing to teach that authoritatively because it is an argument from silence.


    Sent from my iPhone using Tapatalk
     

    Rab1515

    Ultimate Member
    Patriot Picket
    Apr 29, 2014
    2,081
    Calvert
    But you stop transporting it when you leave it unattended in the vehicle. Transporting entails moving something from one place to another. The W&C exception allows the permit holder to transport firearms anywhere (something unpermitted people can't do). It does not address effectively storing a firearm in a vehicle.

    Ok, so please cite MD's storage laws where it says you cannot store a firearm except in your home.
     

    Stoveman

    TV Personality
    Patriot Picket
    Sep 2, 2013
    28,278
    Cuba on the Chesapeake
    I’m not willing to risk my students futures with anything I can’t show them in black and white.



    And that's your problem. The Bill of Rights don't exist because they were written down on a piece of parchment, they existed before our founders codified them.

    The Second Amendment doesn't grant the RKBA, it says that the right Shall Not be Infringed.

    Is it legal for you to bang your wife? Why? Because you have an AG's written opinion or an FAQ response you can hang your hat on?
     

    knastera

    Just another shooter
    May 6, 2013
    1,484
    Baltimore County
    Ok, so please cite MD's storage laws where it says you cannot store a firearm except in your home.



    Again, Maryland laws prohibit all transport with limited exceptions. If you choose to store your firearm in your vehicle, then by all means, do so. Until I see something clarifying that, I'm sticking with the conservative approach.
     

    Stoveman

    TV Personality
    Patriot Picket
    Sep 2, 2013
    28,278
    Cuba on the Chesapeake
    And when you hammer that into the skulls of the noobs you create a situation where they feel uncomfortable carrying because you have scared them into not carrying which could get them killed.

    Worst kind of instructor.
     

    knastera

    Just another shooter
    May 6, 2013
    1,484
    Baltimore County
    And that's your problem. The Bill of Rights don't exist because they were written down on a piece of parchment, they existed before our founders codified them.



    The Second Amendment doesn't grant the RKBA, it says that the right Shall Not be Infringed.



    Is it legal for you to bang your wife? Why? Because you have an AG's written opinion or an FAQ response you can hang your hat on?



    If you read what I wrote, that is not the same argument. Maryland bans ALL transport apart from listed exceptions. If it is not listed in the exceptions, then I won't do it and I certainly won't teach it.
     

    knastera

    Just another shooter
    May 6, 2013
    1,484
    Baltimore County
    And when you hammer that into the skulls of the noobs you create a situation where they feel uncomfortable carrying because you have scared them into not carrying which could get them killed.

    Worst kind of instructor.



    Again, assumptions. There is a massive difference between telling students about transporting and carrying. This has NOTHING to do with wear and carry. As I’ve already told you, I encourage my carry students to carry wherever their permits allow.

    Let me ask you an honest question. What do you know about teaching? How many certified classes have you taught? How much training have you received as an educator or an instructor? What qualifies you to make such assumptions?
     

    Occam

    Not Even ONE Indictment
    MDS Supporter
    Feb 24, 2018
    20,396
    Montgomery County
    Perhaps it would be helpful to hunt down even one lonely example of a permit holder ever having been convicted of transporting a handgun in their vehicle, with transport itself being the violation. I’ll buy a beer for them what finds it.
     

    Stoveman

    TV Personality
    Patriot Picket
    Sep 2, 2013
    28,278
    Cuba on the Chesapeake
    Again, assumptions. There is a massive difference between telling students about transporting and carrying. This has NOTHING to do with wear and carry. As I’ve already told you, I encourage my carry students to carry wherever their permits allow.

    Let me ask you an honest question. What do you know about teaching? How many certified classes have you taught? How much training have you received as an educator or an instructor? What qualifies you to make such assumptions?


    You say that permit holders are beholden to MDs transport laws for non permit holders. You just got a permit renewal, what does it say on the second page of the paperwork you got from MSP with your new permit?

    I'll save you a trip to the filing cabinet, it says that anytime you wear, carry or transport you have to have the permit on your person. How do you square that with your argument that permit holders are subject to MD transport regs?
     

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