Basic MD Wear & Carry Question

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  • USAF

    Member
    Nov 18, 2022
    7
    Lanham MD
    I just had my W&C permit approved, though I have not yet received the written notification and card. I have a very basic question. Pardon my ignorance, but this is all new to me.

    My question is: can a W&C permit holder freely carry a handgun or other firearm in the trunk of his/her car, loaded or unloaded, excepting of course the prohibited places such as state parks, rest areas, public school grounds, state-owned grounds, etc. One reason I'm asking is that when I took the Wear & Carry class, which was conducted by a couple of ex-MD law enforcement guys, I thought they said or at least strongly implied that the gun had to either be physically on your person, or within easy reach inside the vehicle.
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,517
    Westminster USA
    The Mont Co statute 21-22 carries a penalty of 6 months and 1000 dollars. Misdemeanor.

    Point of clarification SBR are considered handgun under MD statute
     

    squigman

    Member
    Jul 15, 2014
    2
    St Leonard MD
    I just had my W&C permit approved, though I have not yet received the written notification and card. I have a very basic question. Pardon my ignorance, but this is all new to me.

    My question is: can a W&C permit holder freely carry a handgun or other firearm in the trunk of his/her car, loaded or unloaded, excepting of course the prohibited places such as state parks, rest areas, public school grounds, state-owned grounds, etc. One reason I'm asking is that when I took the Wear & Carry class, which was conducted by a couple of ex-MD law enforcement guys, I thought they said or at least strongly implied that the gun had to either be physically on your person, or within easy reach inside the vehicle.
    Its on the back of the wear an carry permit you can transport a loaded pistol in the vehicle it doesn't have to be on your person as long as you have the wear an carry permit with you.
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,126
    Well, no.. because it's not a law.
    W&C is the law, and NO, the Governor cannot repeal it.
    You know, I really love it when people do not read the item replied to, and instead throw their own comments into something they have absolutely no clue about.

    The governor gave the directive by memo to MSP to process permits to civilians pursuant to the Supreme Court case. However the new governor can technically reverse this direction. This is unlikely since the cat is out of the bag.
    So far so good, but still has nothing to do with what EliteContent asked.

    But Annapolis could now expand requirements for a handgun permit. For instance requiring 40 hours of training thus raising the cost, etc.
    Still so far so good, but still has absolutely nothing to do with the question asked.

    The problem with this is that, besides the obvious unconstitutionality, is it precludes lower income persons from obtaining a carry permit thus is viewed as racist.
    Same shit different day, and it's not Unconstitutional until it is ruled as such. Basic middle school civics teaches this, and so do we here at MDS. But, AGAIN, still not related to the question asked.

    In the meantime hopefully MSI will deal with Montgomery county's nonsense laws which by the way they can't enforce under Maryland handgun on person law.
    It's not a Maryland law, it's a County law, so they can enforce it anyway they like. This still has nothing to do with the question asked.

    They would have to enforce under local ordinance misdemeanor which typically carries either a civil citation or $500 and/or 90 days. The ordinance does exist but I couldn't find a penalty for it. I wrote the Montgomery County chief of police and the public information officer but neither of them responded.
    The ordinance that exists is the one they updated. But again, this has absolutely nothing to do with the questions asked, that I answered.

    So, tell me how your reply above has anything to do with the question asked by EliteContent?
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,126
    So if you go to the MDSP.Maryland.GOV website they have a FAQ section for wear and carry. In one of the topics, they list the Maryland Annotated Code, Criminal Law, Title 4, Section 203 for a detailed account of wearing, carrying, or transporting a HANDGUN.

    If you review the law you’ll see wear and carry also covers transport. They say “should” be unloaded when storing not “must”.

    What does storing have to do transporting a handgun? And no, a handgun does not have to be unloaded when stored, nor does it have to be unloaded when transported by someone with a carry permit.

    So it looks like the law is loose enough that you could transport the HANDGUN loaded, from a criminal law standpoint. The flip side is if there is a negligent discharge and someone gets hurt. Was the HANDGUN secured in a safe condition and the trigger protected? Are you now liable for negligence? Are you liable for a civil lawsuit?
    Nothing "loose" about it, perfectly legal to do so. Stop bringing BGOS issues into something that otherwise perfectly legal to do.

    I secure my loaded HANDGUN in the holster, trigger covered, in a safe that is secured to my vehicle only when I can’t carry it on my person,
    So you carry a safe on your person?

    not when I’m driving around. If I’m going to the range with other firearms they are unloaded and cased.
    If you have a carry permit, there is absolutely no need to have your handgun unloaded and cased in a separate container, instead of on your person.

    Maybe contact your instructors and ask for guidance, hopefully, they will still assist with your journey.
    This has been covered in detail in this thread, had you bothered to read all of it.
     

    lazarus

    Ultimate Member
    Jun 23, 2015
    13,757
    It's a wear carry or transport permit. I went the extra mile to get my designated collector letter just in case to have that exemption as well.
    On your last, there is no exemption there.

    Well, other than it lets you buy more than 2 regulated firearms at once, or more than 1 in 30 days.
     

    lazarus

    Ultimate Member
    Jun 23, 2015
    13,757
    What does storing have to do transporting a handgun? And no, a handgun does not have to be unloaded when stored, nor does it have to be unloaded when transported by someone with a carry permit.


    Nothing "loose" about it, perfectly legal to do so. Stop bringing BGOS issues into something that otherwise perfectly legal to do.


    So you carry a safe on your person?


    If you have a carry permit, there is absolutely no need to have your handgun unloaded and cased in a separate container, instead of on your person.


    This has been covered in detail in this thread, had you bothered to read all of it.
    I mean, I think he means a handgun "vault". Or more appropriately, a thin metal box with, I hope, a cable through the seat frame or vehicle frame. Or possibly installed into the center console.

    Not required, but a very good idea if you ever do need to store your gun in your car. I can count on two hands the number of people I know of who have had their car or truck broken into with a handgun stored in the vehicle. I can count on no fingers the number who have had it stolen when it was in a center console "vault" or cable locked storage box. And it has been about half and half the people I know who used one and those who didn't. One person I know who didn't have it secured, didn't have it stolen (it was tucked up under the seat in a holster and the car thief didn't notice it). Off the top of my head, like 7 or 8 who had vehicle break-ins with a gun in the vehicle, 3 locked in secure containers and 0 stolen, 4 or 5 not secured, all but 1 stolen.
     

    clarksvilleal

    Active Member
    Jul 28, 2019
    100
    Its on the back of the wear an carry permit you can transport a loaded pistol in the vehicle it doesn't have to be on your person as long as you have the wear an carry permit with you.
    Thanks, squigman. I will assume you are correct about how one can transport the loaded pistol. However I now have my Handgun Permit card, and it does not say anything about that on the back of the card. All it says is: "This card must be carried by the permit holder each time a handgun is carried, worn or transported. if found please mail to ..."

    I also scoured the relevant portions of the Maryland Annotated Code that I found online, and didn't find any reference to how it may or may not be transported by someone with a Wear and Carry permit. So I guess that means that there are no restrictions on transporting, loaded or unloaded, on my person or elsewhere in the vehicle, assuming I have the permit card with me, as you have said.
     

    Threeband

    The M1 Does My Talking
    Dec 30, 2006
    25,423
    Carroll County
    Are people actually asking if it's legal to Wear and Carry with a Wear and Carry permit?

    What is wrong with these people?

    Long ago, someone asked if it was legal to carry in Florida with a Florida Carry permit. Now they're asking if it's legal to carry in Maryland with a Maryland carry permit.

    What, what, what is wrong with these people?
     

    clarksvilleal

    Active Member
    Jul 28, 2019
    100
    Are people actually asking if it's legal to Wear and Carry with a Wear and Carry permit?

    What is wrong with these people?

    Long ago, someone asked if it was legal to carry in Florida with a Florida Carry permit. Now they're asking if it's legal to carry in Maryland with a Maryland carry permit.

    What, what, what is wrong with these people?
    Sorry, Threeband, but If you are referring to me, that's not what I was asking.

    If you read my original post, the actual issue I was asking about is carrying a loaded gun in the trunk of the car. It arose because one of the guys teaching my Wear & Carry class, who BTW said he was ex-law enforcement in MD, claimed that it was a WEAR & Carry permit, with the emphasis on WEAR. He said that it had to be on your person or at least within easy reach so that it was always under your direct control. Otherwise it had to be unloaded, cased and separated from any ammo.

    I now assume from all the back and forth and from reading the Annotated MD Code that he was wrong. But I was never "actually asking if it's legal to Wear and Carry with a Wear & Carry permit."

    I hope that clarifies it for you.
     
    Last edited:

    rseymorejr

    Ultimate Member
    MDS Supporter
    Feb 28, 2011
    26,350
    Harford County
    Sorry, Threeband, but If you are referring to me, that's not what I was asking.

    If you read my original post, the actual issue I was asking about is carrying a loaded gun in the trunk of the car. It arose because one of the guys teaching my Wear & Carry class, who BTW said he was ex-law enforcement in MD, claimed that it was a WEAR & Carry permit, with the emphasis on WEAR. He said that it had to be on your person or at least within easy reach so that it was always under your direct control. Otherwise it had to be unloaded, cased and separated from any ammo.

    I now assume from all the back and forth and from reading the Annotated MD Code that he was wrong. But I was never "actually asking if it's legal to Wear and Carry with a Wear & Carry permit."

    I hope that clarifies it for you.
    I see the problem. There are several threads and multiple posts on here deteailing the incorrect and ridicuous BS that instructors have been telling people. Some of the worst offenders have been instructors that used to be cops.
     

    Mark75H

    MD Wear&Carry Instructor
    Industry Partner
    MDS Supporter
    Sep 25, 2011
    17,320
    Outside the Gates
    it was a WEAR & Carry permit, with the emphasis on WEAR. He said that it had to be on your person or at least within easy reach so that it was always under your direct control. Otherwise it had to be unloaded, cased and separated from any ammo.
    LOL, just occured to me, this DOES refer to your permit card. This needs to become our MDS stock answer to carry questions. Your handgun doesn't have to be under your direct control, but your permit does. Keep that thing cased and separated from any ammo.
     

    clarksvilleal

    Active Member
    Jul 28, 2019
    100
    Telling us where you took your W&Class without telling where you took your W&C Class .
    Naahh, don't think that's a good idea.

    However, I will say that the course organizers have been running lots of classes using multiple instructors since the dam broke with the Bruen decision. So perhaps this particular instructor was new at this and not as knowledgeable as he should have been.

    Notwithstanding the instructor/content deficiencies, the course was well organized, with a Livescan guy on site to get your fingerprints into the system, a photographer to take your photo and that of your target, and a bank of laptop computers to upload the photos, Livescan info and course info into the MSP licensing portal and enable you to sit down and complete the application on the spot.
     

    Threeband

    The M1 Does My Talking
    Dec 30, 2006
    25,423
    Carroll County
    Actually I wrote that post then decided not to send it. My phone had other ideas, apparently. No offense intended.

    However, you also asked if you were required to carry your HQL on your person along with your HGP. This indicates you may have BGOS. It is a common condition...

    We still need to know if it's legal to carry in Florida on a Florida permit.
     
    Last edited:

    clarksvilleal

    Active Member
    Jul 28, 2019
    100
    Actually I wrote that post then decided not to send it. My phone had other ideas, apparently. No offense intended.

    However, you also asked if you were required to carry your HQL on your person along with your HGP. This indicates you may have BGOS. It is a common condition...

    We still need to know if it's legal to carry in Florida on a Florida permit.
    No offense taken. I did not realize you were talking about the HQL issue, which admittedly I should have realized I did not need to carry.

    Don't think it was due to BGOS, though. Just plain ignorance about MD handgun laws since I have only owned a hangun for a few years, and haven't ever carried in the past, just a little target shooting with my 3 year old Ruger Mark IV.
     

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