carrying firearms on off-road vehicles

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  • Boats

    Broken Member
    Mar 13, 2012
    4,131
    Howeird County
    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
     

    Harrys

    Short Round
    Jul 12, 2014
    3,437
    SOMD
    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

    The majority of the States have the same rules as MD DNR Open Fields Doctrine. There are only a few exceptions this is nothing new. You may want to educate yourself. Right, wrong or indifferent it has been held up by the Supreme Court.

    https://en.wikipedia.org/wiki/Open-fields_doctrine
     

    Zorros

    Ultimate Member
    Dec 10, 2017
    1,407
    Metropolis
    Oh really, what department does your buddy work for? (I'm really hoping he didn't understand what you were trying to ask him.)

    Had a matter recently where a friend was denied a gun purchase under 18 usc 922 because he pled to a DNR charge of a loaded gun in his car while hunting, or traveling between hinting areas. First offense does not provide for imprisonment under DNR statute but FBI couldn’t get that thru its head and had to appeal thru 2 levels. Was about to file in US dist Ct for violation of 2A rights when they came around and issued a certificate lifting the restriction. It made no diff to me where he was; he had pled guilty, but looking quickly at the statute, I don’t recall seeing a difference between private and public land. Can you kill deer out of season on private land? Grow Cannabis?
     

    BeSwift

    Appleseed SI/State Coord
    Apr 15, 2008
    853
    You don’t need a CC permit to carry a handgun concealed in your vehicle on your own property.


    Sent from my iPhone using Tapatalk

    I'm just sharing my experience, and what I learned. You can take it for what it's worth, and do as you see fit. I wish you luck in your choices and hope you never have a problem...
     

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