Boats
Broken Member
I have direct experience with this topic in MD and can confirm much of the prior info is accurate...
1) Open Fields Doctrine is legit, legal, and no judges are going to strike it down. DNR can come onto your property and can do so for any reason whatsoever whenever they chose. No warrant or even requirement to state probable cause needed.
2) NO LOADED firearms in or on any vehicle period, even on your own property, EVER, without a HD Hunting permit or CC license.. This includes ATV's, UTV, bikes, and for all I know, garden carts, skateboards and unicycles...
My experience was an innocent error where someone left a rifle in an ATV mounted rack, however, after a 3 trips to court, including appeals, it is how it is in MD and it ain't gonna change.. I tried the uphill fight and even found an attorney to fight at reduced cost, to get the chance to argue against "Open Fields" . All to no avail.
At the end of my efforts, the judge actually pulled me aside to tell me "no judge in this State, is going to take away the Open Fields doctrine" as a tool to DNR, no matter how wrong it is... Absolutely maddening...
How is this NOT a violation of the 4th amendment?
Maryland and their Kool-Aid drinking judges can say that the open fields doctrine is legit and legal all they want....doesn't make it so.
If Maryland will not comply with the US Constitution, then I would suggest having the USSC MAKE them comply