Use handgun on the road w/o carry permit

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  • wtwcs

    Member
    MDS Supporter
    Sep 6, 2013
    63
    Montgomery County
    I asked this question within another topic about transporting handgun, I did not get any response. So I am creating a new post here.

    I don't have CCW. If I legally transport my handgun from range to home (in MD), someone stops me on the road and my life is threatened, am I allowed to use the handgun to protect myself? I mean no trouble on the court after I survive.
     

    PapiBarcelona

    Ultimate Member
    Jan 1, 2011
    7,343
    This is a question not for random people on the internet to answer, IMO. Why would the "tool" matter what you use if you are defending yourself against a threat on your life?

    You worried about "Unlawful Wear/Carry" rather than the other half a dozen or so other more serious "charges" one could face?
     

    wtwcs

    Member
    MDS Supporter
    Sep 6, 2013
    63
    Montgomery County
    This is a question not for random people on the internet to answer, IMO. Why would the "tool" matter what you use if you are defending yourself against a threat on your life?

    You worried about "Unlawful Wear/Carry" rather than the other half a dozen or so other more serious "charges" one could face?

    IANAL

    Thanks!
     

    MikeTF

    Ultimate Member
    If your life is threatened, use all means available to stop the threat. In those cases the laws of physics take precedence.

    It is better to be judged by 12 than carried by 6.

    I'm just finding it hard to imagine such a situation. You're in a car. Drive away.
     

    jmiller320

    Ultimate Member
    Aug 7, 2008
    1,892
    Havre de Grace
    What are you going to do? Throw your gun at them? Your supposed to transport the gun and ammunition in separate compartments. If you have time to retrieve the ammo, you have time to leave the situation.
     

    amoebicmagician

    Samopal Goblin
    Dec 26, 2012
    4,174
    Columbia, MD
    What are you going to do? Throw your gun at them? Your supposed to transport the gun and ammunition in separate compartments. If you have time to retrieve the ammo, you have time to leave the situation.

    While this is not really the word of law on the subject, as you may have the gun in a container and your loaded magazine in an adjacent container, no doubt this is exactly how it would be construed by a MD prosecutor
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,394
    Westminster USA
    What are you going to do? Throw your gun at them? Your supposed to transport the gun and ammunition in separate compartments. If you have time to retrieve the ammo, you have time to leave the situation.
    Not quite correct. MD law only requires the gun to be unloaded, not separate from ammo. Only Federal law (FOPA 926a) requires gun and ammo to be separate. And they can be stored together as long as both are separate from you not in passenger compartment (trunk) or locked case if no trunk. If your origina and destination are both in MD, then only MD law applies.

    MD 4-203:
    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;
    Federal FOPA 926a
    Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.
    But as mentioned, if you can drive away and avoid the confrontation, you would be hard pressed to defend the use of deadly force if you could drive away.


    IANAL
     

    Blaster229

    God loves you, I don't.
    MDS Supporter
    Sep 14, 2010
    46,409
    Glen Burnie
    MD 4-203:
    Federal FOPA 926aBut as mentioned, if you can drive away and avoid the confrontation, you would be hard pressed to defend the use of deadly force if you could drive away.

    Unless you are an investigator in a New Jersey State's Attorney office. ;)
     

    PapiBarcelona

    Ultimate Member
    Jan 1, 2011
    7,343
    Good question but too many "What if" scenarios. I would think even though I am not a lawyer that one keyword in these type of situation's is articulate.

    If a situation was investigated as you could have driven away easily, how would one person articulate the use of any tool in self defense (while in a car) was unavoidable? Sounds like the "reasonable man" approach is getting thinner at that point? Eh?

    Maybe you (and the rest of us?) could always use some more training.
     

    wtwcs

    Member
    MDS Supporter
    Sep 6, 2013
    63
    Montgomery County
    If your life is threatened, use all means available to stop the threat. In those cases the laws of physics take precedence.

    It is better to be judged by 12 than carried by 6.

    I'm just finding it hard to imagine such a situation. You're in a car. Drive away.

    Thanks! It is true this might rarely happen, but it still may happen. Just like the other member mentioned yesterday, his wife was followed on the way back home, and there was time that she waited at red light. If she was in the middle of the line, she couldn't drive away. I was also inspired by that situation to raise the question.
     

    wtwcs

    Member
    MDS Supporter
    Sep 6, 2013
    63
    Montgomery County
    Not quite correct. MD law only requires the gun to be unloaded, not separate from ammo. Only Federal law (FOPA 926a) requires gun and ammo to be separate. And they can be stored together as long as both are separate from you not in passenger compartment (trunk) or locked case if no trunk. If your origina and destination are both in MD, then only MD law applies.

    MD 4-203:
    Federal FOPA 926aBut as mentioned, if you can drive away and avoid the confrontation, you would be hard pressed to defend the use of deadly force if you could drive away.


    IANAL

    Thanks for the quotes!
     

    w2kbr

    MSI EM, NRA LM, SAF, AAFG
    MDS Supporter
    Jan 13, 2009
    1,128
    Severn 21144
    In this State, barring advice from a Lawyer, or 2, or 3......the safe answer to your question is, NO, you may not use a firearm, anytime, anywhere. Doesn't matter if your "vehicle" (which was not mentioned in the OP) is a car/truck/Motorcycle/bicycle/...or your own 2 feet (obviously you can't "drive away").

    Be Aware, In this State, you are supposed to evade and /or escape from your own home vice using a firearm (Present Castle Law notwithstanding) and remember, even in that situation you must be able to prove the possibility of "fatal" bodily injury. It's an up hill battle from the git-go. By the way, a CCW only means you can legally Carry, it is not a permit to "use"!!

    It is appropriate to mention the LEO, who stopped, detained, and cuffed a suspect and placed him in his Patrol Car. The suspect managed to get back out of the Car, and started to run away, still handcuffed. The Leo used his sidearm to stop the fleeing man.
    Long and short of it......Leo was found GUILTY. Now...all who know of this event have an opinion on the LEO's guilt or innocence. The event was in Maryland.

    Just sayin......

    R
     

    wtwcs

    Member
    MDS Supporter
    Sep 6, 2013
    63
    Montgomery County
    In this State, barring advice from a Lawyer, or 2, or 3......the safe answer to your question is, NO, you may not use a firearm, anytime, anywhere. Doesn't matter if your "vehicle" (which was not mentioned in the OP) is a car/truck/Motorcycle/bicycle/...or your own 2 feet (obviously you can't "drive away").

    Be Aware, In this State, you are supposed to evade and /or escape from your own home vice using a firearm (Present Castle Law notwithstanding) and remember, even in that situation you must be able to prove the possibility of "fatal" bodily injury. It's an up hill battle from the git-go. By the way, a CCW only means you can legally Carry, it is not a permit to "use"!!

    It is appropriate to mention the LEO, who stopped, detained, and cuffed a suspect and placed him in his Patrol Car. The suspect managed to get back out of the Car, and started to run away, still handcuffed. The Leo used his sidearm to stop the fleeing man.
    Long and short of it......Leo was found GUILTY. Now...all who know of this event have an opinion on the LEO's guilt or innocence. The event was in Maryland.

    Just sayin......

    R

    Thank you so much for the information!
     

    Blaster229

    God loves you, I don't.
    MDS Supporter
    Sep 14, 2010
    46,409
    Glen Burnie
    Thanks! It is true this might rarely happen, but it still may happen. Just like the other member mentioned yesterday, his wife was followed on the way back home, and there was time that she waited at red light. If she was in the middle of the line, she couldn't drive away. I was also inspired by that situation to raise the question.

    I mean, what are you wanting to hear? People to say " Sure, go ahead and do it, why not!". OR need some validation by having others here tell you they do it to give you more inclination to do it?

    Silently do what ever you decide to do.
     

    marte616

    God bless America...
    MDS Supporter
    Apr 15, 2008
    1,355
    Occupied Territory
    Good question but too many "What if" scenarios. I would think even though I am not a lawyer that one keyword in these type of situation's is articulate.

    If a situation was investigated as you could have driven away easily, how would one person articulate the use of any tool in self defense (while in a car) was unavoidable? Sounds like the "reasonable man" approach is getting thinner at that point? Eh?

    Maybe you (and the rest of us?) could always use some more training.

    What if the threat continues for minutes, after you drive away, like this guy???:

    http://nypost.com/2013/09/30/bikers-attack-suv-after-driver-rams-riders/
     

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