Open carry in MD

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  • Nickberg500

    Ultimate Member
    Sep 20, 2019
    1,064
    North of Baltimore County
    There is a little known law that if you're open carrying at a protest, and you've been informed by police, you cannot continue open carrying at that protest.

    Other than that, technically legal (WITH A RIFLE) but you will be questioned by police due to 'man with a gun' calls from your local Karen. Also some counties might have specific laws more strict than state law.
     

    SkiPatrolDude

    Ultimate Member
    MDS Supporter
    Oct 24, 2017
    3,331
    Timonium-Lutherville
    100% legal to open carry a long gun, even loaded. Exceptions are in a few jurisdictions that have legal preemptions in place, such as baltimore city and a few others. Although I am not sure on the specifics of those local laws.

    You will undoubtedly get questioned by police in short order if you walk around in public with a slung rifle, though. If you play it cool and cooperate, ultimately the police should let you back on your way, rifle and all.
     

    adit

    ReMember
    MDS Supporter
    Feb 20, 2013
    19,495
    DE
    There is a little known law that if you're open carrying at a protest, and you've been informed by police, you cannot continue open carrying at that protest.

    Other than that, technically legal (WITH A RIFLE) but you will be questioned by police due to 'man with a gun' calls from your local Karen. Also some counties might have specific laws more strict than state law.

    Would you care to cite this "little known law"?

    https://advance.lexis.com/container...ed2&prid=942dd6bd-fac7-45e8-9e9e-4ea043fc526a
     

    Nickberg500

    Ultimate Member
    Sep 20, 2019
    1,064
    North of Baltimore County
    Sure thing!

    https://law.justia.com/codes/maryland/2019/criminal-law/title-4/subtitle-2/sect-4-208/

    A person may not have a firearm in the person’s possession or on or about the person at a demonstration in a public place or in a vehicle that is within 1,000 feet of a demonstration in a public place after:
    ************(i)****the person has been advised by a law enforcement officer that a demonstration is occurring at the public place; and
    ************(ii)****the person has been ordered by the law enforcement officer to leave the area of the demonstration until the person disposes of the firearm.
    ****(c)****A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both.
     
    The reason why the state can get away with not giving handgun carry permits to everyday citizens is because its legal to open carry a long gun. The problem is that most police don't know its legal.

    Its also legal to keep a rifle in your vehicle, just needs to be unloaded. It does not have to be in the trunk, unaccessable or ammo in separate compartment like the fudds will tell you.



    Sent from my SM-N975U using Tapatalk
     

    dblas

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

    4-208 of the Criminal Law Statute of Maryland Annotated Code:

    § 4-208. Possession of firearm at public demonstration

    (a) Definitions. --

    (1) In this section the following words have the meanings indicated.

    (2) (i) "Demonstration" means one or more persons demonstrating, picketing, speechmaking, marching, holding a vigil, or engaging in any other similar conduct that involves the communication or expression of views or grievances and that has the effect, intent, or propensity to attract a crowd or onlookers.

    (ii) "Demonstration" does not include the casual use of property by visitors or tourists that does not have the intent or propensity to attract a crowd or onlookers.

    (3) (i) "Firearm" means a handgun, rifle, shotgun, short-barreled rifle, short-barreled shotgun, or any other firearm, whether loaded or unloaded.

    (ii) "Firearm" does not include an antique firearm.

    (4) "Handgun" has the meaning stated in § 5-101 of the Public Safety Article.

    (5) "Law enforcement officer" means:

    (i) a member of a police force or other unit of the United States, the State, a county, municipal corporation, or other political subdivision who is responsible for the prevention and detection of crime and the enforcement of the laws of the United States, the State, a county, municipal corporation, or other political subdivision;

    (ii) a park police officer of the Maryland-National Capital Park and Planning Commission;

    (iii) a member of the University System of Maryland Police Force; and

    (iv) any military or militia personnel directed by constituted authority to keep law and order.

    (6) (i) "Public place" means a place to which the general public has access and a right to resort for business, entertainment, or other lawful purpose.

    (ii) "Public place" is not limited to a place devoted solely to the uses of the public.

    (iii) "Public place" includes:
    1. the front or immediate area or parking lot of a store, restaurant, tavern, shopping center, or other place of business;

    2. a public building, including its grounds and curtilage;

    3. a public parking lot;

    4. a public street, sidewalk, or right-of-way;

    5. a public park; and

    6. other public grounds.

    (b) Prohibited. --
    (1) This subsection does not apply to a law enforcement officer.

    (2) A person may not have a firearm in the person's possession or on or about the person at a demonstration in a public place or in a vehicle that is within 1,000 feet of a demonstration in a public place after:

    (i) the person has been advised by a law enforcement officer that a demonstration is occurring at the public place; and

    (ii) the person has been ordered by the law enforcement officer to leave the area of the demonstration until the person disposes of the firearm.


    (c) Penalty. -- A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $ 1,000 or both.
     

    dannyp

    Ultimate Member
    MDS Supporter
    Oct 30, 2018
    1,463
    there is nothing in marylandstand that is 100 persent legal .
     

    kolohekanaka

    Active Member
    Jul 23, 2017
    122
    Howard County, MD
    Does anyone have any insight into open carrying in MD? Are we even allowed to? I have literally no idea about the rules and regulations for it in MD. I do know about concealed carry though.


    Sent from my iPhone using Tapatalk
    According to concealedcarry.com, a permit is required for open carry in Maryland but you only have to show it if a law enforcement officer asks to see it.
     

    bigmancrisler

    2A Preacher
    Jun 4, 2020
    1,263
    Martinsburg, WV
    4-208 of the Criminal Law Statute of Maryland Annotated Code:

    § 4-208. Possession of firearm at public demonstration

    (a) Definitions. --

    (1) In this section the following words have the meanings indicated.

    (2) (i) "Demonstration" means one or more persons demonstrating, picketing, speechmaking, marching, holding a vigil, or engaging in any other similar conduct that involves the communication or expression of views or grievances and that has the effect, intent, or propensity to attract a crowd or onlookers.

    (ii) "Demonstration" does not include the casual use of property by visitors or tourists that does not have the intent or propensity to attract a crowd or onlookers.

    (3) (i) "Firearm" means a handgun, rifle, shotgun, short-barreled rifle, short-barreled shotgun, or any other firearm, whether loaded or unloaded.

    (ii) "Firearm" does not include an antique firearm.

    (4) "Handgun" has the meaning stated in § 5-101 of the Public Safety Article.

    (5) "Law enforcement officer" means:

    (i) a member of a police force or other unit of the United States, the State, a county, municipal corporation, or other political subdivision who is responsible for the prevention and detection of crime and the enforcement of the laws of the United States, the State, a county, municipal corporation, or other political subdivision;

    (ii) a park police officer of the Maryland-National Capital Park and Planning Commission;

    (iii) a member of the University System of Maryland Police Force; and

    (iv) any military or militia personnel directed by constituted authority to keep law and order.

    (6) (i) "Public place" means a place to which the general public has access and a right to resort for business, entertainment, or other lawful purpose.

    (ii) "Public place" is not limited to a place devoted solely to the uses of the public.

    (iii) "Public place" includes:
    1. the front or immediate area or parking lot of a store, restaurant, tavern, shopping center, or other place of business;

    2. a public building, including its grounds and curtilage;

    3. a public parking lot;

    4. a public street, sidewalk, or right-of-way;

    5. a public park; and

    6. other public grounds.

    (b) Prohibited. --
    (1) This subsection does not apply to a law enforcement officer.

    (2) A person may not have a firearm in the person's possession or on or about the person at a demonstration in a public place or in a vehicle that is within 1,000 feet of a demonstration in a public place after:

    (i) the person has been advised by a law enforcement officer that a demonstration is occurring at the public place; and

    (ii) the person has been ordered by the law enforcement officer to leave the area of the demonstration until the person disposes of the firearm.


    (c) Penalty. -- A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $ 1,000 or both.


    So I can open carry my AR at a rally but if a cop comes up to me and says “this is a rally” then I have to leave? I just want to make sure I understood that correctly


    Sent from my iPhone using Tapatalk
     

    GuitarmanNick

    Ultimate Member
    Jan 9, 2017
    2,221
    Laurel
    If you talk to three cops, you will get three different interpretations of the law, and likely none will be 100% correct.

    Like most people, they are all of differing opinions on possession and use of firearms by the general public. Many believe we should all have the right to carry anything, anywhere, anytime. Some however, believe that any gun that is not in their hand, is a bad gun!

    Since getting shot by a cop is not on my bucket list, think I will let someone else be the first, this time.
     

    bigmancrisler

    2A Preacher
    Jun 4, 2020
    1,263
    Martinsburg, WV
    If you talk to three cops, you will get three different interpretations of the law, and likely none will be 100% correct.

    Like most people, they are all of differing opinions on possession and use of firearms by the general public. Many believe we should all have the right to carry anything, anywhere, anytime. Some however, believe that any gun that is not in their hand, is a bad gun!

    Since getting shot by a cop is not on my bucket list, think I will let someone else be the first, this time.


    Ya I certainly don’t want to be a test case but would be nice to be able to carry it with me if I want


    Sent from my iPhone using Tapatalk
     

    welder516

    Deplorable Welder
    MDS Supporter
    Jun 8, 2013
    27,300
    Underground Bunker
    I have opened carried on my place of business , no issues from LE . They have seen me and Thank me . Been pulled over by MSP on Rt100 and the Trooper was very nice and ask me what i was packing . No issues for me as of to date , i used to worry about printing and being in deep cover not so much anymore .
    Since carrying and having a permit since 2013 it's not an issue
     

    welder516

    Deplorable Welder
    MDS Supporter
    Jun 8, 2013
    27,300
    Underground Bunker
    I should say , it is legal to kill a baby in Maryland . Make a appointment for that procedure and your good to go . You may not be able to open carry the dead bay from the clinic in which you kill it . Might be a law against that .
     

    daggo66

    Ultimate Member
    Mar 31, 2013
    1,992
    Glen Burnie
    Does anyone have any insight into open carrying in MD? Are we even allowed to? I have literally no idea about the rules and regulations for it in MD. I do know about concealed carry though.


    Sent from my iPhone using Tapatalk

    Obviously you don’t. Otherwise you would know that a MD permit is a wear and carry permit, not a “concealed carry” permit. With a MD permit you can carry open or concealed.

    The long gun carry thing is based off an opinion by the former AG. I’m sure if challenged the current AG would have a different opinion.
     

    bigmancrisler

    2A Preacher
    Jun 4, 2020
    1,263
    Martinsburg, WV
    Obviously you don’t. Otherwise you would know that a MD permit is a wear and carry permit, not a “concealed carry” permit. With a MD permit you can carry open or concealed.

    The long gun carry thing is based off an opinion by the former AG. I’m sure if challenged the current AG would have a different opinion.


    When I said I know about conceal carry, well wear and carry, I meant the process of obtaining the permit.


    Sent from my iPhone using Tapatalk
     

    Stoveman

    TV Personality
    Patriot Picket
    Sep 2, 2013
    27,985
    Cuba on the Chesapeake
    If you talk to three cops, you will get three different interpretations of the law, and likely none will be 100% correct.

    Like most people, they are all of differing opinions on possession and use of firearms by the general public. Many believe we should all have the right to carry anything, anywhere, anytime. Some however, believe that any gun that is not in their hand, is a bad gun!

    Since getting shot by a cop is not on my bucket list, think I will let someone else be the first, this time.


    I just checked, not on mine either. Almost three years ago I had an accident that required an ambulance ride. It was in October and when I took off my jacket to get in the ambo it was very obvious that I was open carrying and the medic stopped me because it's their policy to not transport patients with firearms.

    I went to give it to another MDS member who was there because he had a permit as well when the Frederick County Sheriff's deputies intervened. Asked to see my permit and then asked if my wife was going to meet me at the hospital. They took it and gave it to her when she got to the hospital.

    No issues whatsoever and the deputies were very courteous and professional.
     

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