ccw restrictions

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  • 2ndCharter

    Based dude w/ lovin' hands
    MDS Supporter
    Apr 19, 2011
    4,899
    Eastern Shore
    I'm not a lawyer, but if you're getting paid for those hours of being on call, couldn't that be considered as you being on the job, just in this case you're just working from home or some such.
    That is what I was thinking. If the restrictions are 2 hours prior and post shift, that would make one think he isn't covered while on call. If it is while on shift and 2 hours prior and post than it seems he would be.

    IANAL.
     

    jonnyl

    Ultimate Member
    Sep 23, 2009
    5,969
    Frederick
    I'd think that being "armed security" you NEED your gun for your job. Rather than someone who just WANTS a gun to protect their bank deposits after a day at the store. I expect that would put you in a better situation if there were questions.

    Note: my comments on NEED vs WANT is how I think MD would interpret it. Not my feelings. I think if grandma feels she needs a gun at the laundromat she should have the freedom to carry one!
     

    LCPIWB

    Needs an avatar
    MDS Supporter
    Nov 17, 2011
    2,012
    Underneath the blimp, Md.
    Not a lawyer or someone with a permit...But someone who does not get paid to be on call, but seems to be on call all the time.

    My definition of on call.
    Getting paid to not be drunk and be ready to start working. So if I am getting paid, I am working. It also means I can not be 3 states away. Having said that...I am not getting paid to be on-call, thus I have no obligation to pick up the damn phone when the boss is calling....

    Back to your question...Being on call and getting paid for it is working if you ask me, wheather you are sitting on the jon at home or in the mall eating lunch.
     

    alucard0822

    For great Justice
    Oct 29, 2007
    17,748
    PA
    from the three different law enforcement agencies i spoke with concerning "restrictions."

    1. depending on the official
    2. nature of stop or inquiry
    3. your body language
    4. if associates are present, their body language and demeanor
    5. cooperation of ALL parties (including the official)

    now all that being said, the guy or gal on patrol appreciates your straightforwardness in advising them you are armed, immediately upon contact. he/ she will move on to the business at hand. where it gets really frightful is if you are involved in a firearm incident. example; if you had to draw on someone and they ran away, you must report it. they were trying to offend you enough to feel life-threatened, and may do the same to someone else. they'll investigate, have the guy's description on "the lookout." or, he could report you for brandishing a weapon~not good, especially if the prosecutor sees you as being outside of your 'restricted' status.

    decision is yours.

    There is always a trade-off and a risk of prosecution when carrying even when 100% legal, just the nature of armed self defense. For most of us, facing a deadly threat unarmed is worse than some paperwork, and facing charges that are almost guaranteed to be dropped, some feel armed defense even beats out a possible jail sentance. If discovered by a LEO, they would need to prove that you are outside of your restrictions, easy if the restriction limits carry to a specific place, difficult if it is complex, like the OP's situation. Worst thing most likely is losing the permit, and the problems associated with that. The risk is the OP's to take, and the decision on how far to push it vs what the consequnces would be is a personal decision.
     

    CharlieFoxtrot

    ,
    Industry Partner
    Sep 30, 2007
    2,531
    Foothills of Appalachia
    IMO it would be an administrative issue rather than a legal one if you carry outside your restrictions.

    I think what backnblack was trying to say was that if you get caught carrying outside of your restrictions it's an administrative sanction (i.e. revocation of your permit) as opposed to a criminal sanction (criminal charges for wearing or transporting a handgun).
    Something to figure into the risk/benefit calculation?
     

    Dave Jr.

    Member
    Nov 9, 2010
    83
    Wye River, MD
    The fact we're even talking about this is absurd. I just want to be able to carry weapon concealed like most law abiding citizens and the Constitution allows. Why should we have restrictions? Why does the state make us prove we should get to exercise our rights. They should prove that I can't or LET ME CARRY!
     

    steves1911

    Ultimate Member
    Dec 2, 2011
    3,059
    On a hill in Wv
    Im with you all on the absurdity of restrictions. The idea of the state saying sure you can carry but only during these times is stupid. Some nights while at work i travel from one location to the next sometimes 50 miles apart armed the whole time. But in the states eyes i better not do that off duty. I tried getting unrestricted stating that if someone kidnapped me and stole my acces card and badge they could gain access to some serious stuff.... They didnt care i guess
     

    Right2Carry

    Active Member
    Feb 27, 2009
    695
    District 32
    The handgun unloaded and secured in safe inside vehicle is okay, as long as you are traveling to a place to “legally use” your handgun. I travel to PA (where I practice my 2A rights) every other weekend. I have asked the MSP if it okay to stop for gas, department stores, or even at the Hagerstown discount stores. I was told it was okay as long as I exercised discretion and responsibility while traveling. You have every right to stow and secure your handgun away while traveling to your destination to “legally use” your handgun. Actually, you don’t need a safe, just need the ammo and gun separated. Since I stop or need to stop on my way out of town, I secure the weapon, and the MSP liked that I used a safe.
    You have a CCW, and you’re on-call. If you need the handgun to perform your work and it’s required for you to report ASAP and have your handgun, you should have a safe in your vehicle to secure the handgun. The handgun must be unloaded! I carry my clips on my person.
    My situation is a little different than your situation. I'm going out of town leaving Maryland, but you are riding around in Maryland. However, if you need to report to work ASAP, then you should at least get something in writing from the MSP. I’m sure the MSP would be willing to work with you, enabling you to efficiently respond and perform your job. The MSP in College Park and Jessup are good, stay away from Forestville, (lazy is the word).
     

    miles71

    Ultimate Member
    Industry Partner
    Jul 19, 2009
    2,560
    Belcamp, Md.
    The restrictions for the Md CCW can be very vague, which also makes me nervous and comfortable. If you are restricted to carry when in possession of certain equipment I would guess you should always have that equipment with you.
    I have a permit and it restricts me to CCW when in possession of such high value items, so I always have them with me when going out. I have asked several LEO and they have told me the vague nature of my permit is a good thing. I have also been told they would not look at the restrictions, but just that I had a permit.
    I think the restrictions are pretty silly not only for us, but for the LEO. They are expected to know what they all mean and how to enforce something beyond the law. Opens them up for bad decisions.

    Maybe on day the restrictions will go away. I just started a new business, have an LLC, so my goal is unrestricted baby!!!! See what happens on my renewal.

    TD
     

    teratos

    My hair is amazing
    MDS Supporter
    Patriot Picket
    Jan 22, 2009
    59,975
    Bel Air
    The restrictions for the Md CCW can be very vague, which also makes me nervous and comfortable. If you are restricted to carry when in possession of certain equipment I would guess you should always have that equipment with you.
    I have a permit and it restricts me to CCW when in possession of such high value items, so I always have them with me when going out. I have asked several LEO and they have told me the vague nature of my permit is a good thing. I have also been told they would not look at the restrictions, but just that I had a permit.
    I think the restrictions are pretty silly not only for us, but for the LEO. They are expected to know what they all mean and how to enforce something beyond the law. Opens them up for bad decisions.

    Maybe on day the restrictions will go away. I just started a new business, have an LLC, so my goal is unrestricted baby!!!! See what happens on my renewal.

    TD

    Yes, with my restrictions I can make a very strong argument for nearly 24/7 carry.
     

    Ab_Normal

    Ab_member
    Feb 2, 2010
    8,613
    Carroll County
    Yes i am payed for being on call even if i never get that call.

    As long as you could prove you were working (i.e. getting paid) while you were carrying I wouldn't worry about it. Unless you have a poor set up for carrying your firearm concealed then nobody should know you are carrying it anyway, right?
     

    Ab_Normal

    Ab_member
    Feb 2, 2010
    8,613
    Carroll County
    The restrictions for the Md CCW can be very vague, which also makes me nervous and comfortable. If you are restricted to carry when in possession of certain equipment I would guess you should always have that equipment with you.
    I have a permit and it restricts me to CCW when in possession of such high value items, so I always have them with me when going out. I have asked several LEO and they have told me the vague nature of my permit is a good thing. I have also been told they would not look at the restrictions, but just that I had a permit.
    I think the restrictions are pretty silly not only for us, but for the LEO. They are expected to know what they all mean and how to enforce something beyond the law. Opens them up for bad decisions.

    Maybe on day the restrictions will go away. I just started a new business, have an LLC, so my goal is unrestricted baby!!!! See what happens on my renewal.

    TD

    I knew a guy who had a similar "need" to carry a firearm and a simlar vaque restriction to only carry while on business. He just threw some samples, flyers, cards, etc. in his car to have with him at all times.:innocent0
     

    CharlieFoxtrot

    ,
    Industry Partner
    Sep 30, 2007
    2,531
    Foothills of Appalachia
    Really just a theory, based on the two cases (admittedly a small sample) that I have been involved in , and in speaking to my LEO friends, most of whom have never come across a MD CCW permit in their careers.
     

    miles71

    Ultimate Member
    Industry Partner
    Jul 19, 2009
    2,560
    Belcamp, Md.
    I actually had to show mine to a good friend who is a state police officer and a chief of police, not because of any problems, they had just never seen on before :o

    I still think these restrictions are more of a problem for the LEO than the rest of us. Gotta be tough to decide if it is valid or not.

    We have many LEO on here, if you can would you tell us what you would do? Is there a procedure when encountering a CCW permit? (I know it might not be something you can say on a public forum)

    TD
     

    LCPIWB

    Needs an avatar
    MDS Supporter
    Nov 17, 2011
    2,012
    Underneath the blimp, Md.
    The fact we're even talking about this is absurd. I just want to be able to carry weapon concealed like most law abiding citizens and the Constitution allows. Why should we have restrictions? Why does the state make us prove we should get to exercise our rights. They should prove that I can't or LET ME CARRY!

    :thumbsup:
     

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