Maryland CC Arguments

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  • 44 Bulldog

    Active Member
    Oct 25, 2012
    529
    Dunkirk-Calvert County
    Did anyone hear the Oct 24 oral arguments, from what I understand you can conceal carry a shotgun in Md. but not a handgun, correct me if I'm wrong I thought I heard the judge or one of the lawyers say you can, but that it wasn't very convenient, someone help me out here!
     

    hvymax

    Banned
    BANNED!!!
    Apr 19, 2010
    14,011
    Dentsville District 28

    Garet Jax

    Not ignored by gamer_jim
    MDS Supporter
    May 5, 2011
    6,827
    Bel Air
    Did anyone hear the Oct 24 oral arguments, from what I understand you can conceal carry a shotgun in Md. but not a handgun, correct me if I'm wrong I thought I heard the judge or one of the lawyers say you can, but that it wasn't very convenient, someone help me out here!

    Be very careful. The State's lawyer didn't say it was legal. He said that the statute they were discussing "didn't make it illegal". While it was a bit of a challenge, it certainly would be a bad choice to test out carrying a long gun here in MD.
     

    Haides

    Ultimate Member
    Oct 12, 2012
    3,784
    Glen Burnie
    Here was the transcript/excerpt I posted on that thread...

    1:40
    KING- Now, this is not a ‘concealed carry’ statue, right? It’s a concealed or open?
    FADER- Maryland does not distinguish between the two for purposes of the permit.
    KING- It only applies to handguns?
    FADER- It only applies to handguns; it does not apply to long guns at all.

    7:07
    FADER- Your Honor, the Maryland permit statue, which you noted applies only to handguns, not long guns, does not implicate any-
    KING- It only applies to handguns, not long guns?
    FADER- Only applies to handguns.
    KING- So you can carry a shotgun down the street without a permit?
    FADER- Uh, That’s not restricted at all by this permit statute.

    15:15
    DIAZ- I guess it’s odd that, as Judge King pointed out, a citizen of Maryland could walk up and down the street carrying a shotgun for self defense, or for any reason, but yet could not carry the weapon of choice, with respect to self defense, without seeking permission from the state. That seems counter-intuitive, doesn’t it?
    FADER- I don’t think it does your honor, especially in light of the findings that accompanied the enactment of Maryland’s permit statute, which were essentially that Maryland had a very significant problem of handgun violence; that handguns were the weapon of choice by far for criminals in Maryland, and that the presence of handguns in the public square was leading to this handgun problem.

    And Gura's time...

    26:33
    GURA- First, there is a right to carry some arms, we would argue, and that’s this case. You have a right to carry arms for self defense.
    KING- Well this doesn’t affect long guns, as we’ve already discovered. You can carry a shotgun down the street.
    DAVIS- You can carry a long gun for any reason or no reason.
    GURA- But, your honor, a long gun, a shotgun, is not an arm that people would expect to ordinarily use for traditional self defense purposes down the street; nobody carries a shotgun around to defend themselves against a mugger-
    DIAZ- Well after this case they might.
    GURA- Well you know what, that’s something the state is inviting, and they may not like- you know, I don’t control what people do out there in Maryland.

    28:51
    GURA- Almost nobody carries a shotgun for self defense in the ordinary course of daily life.

    So it's pretty shaky. You can tell Fader was using some sly legalese/doublespeak to get around saying it. I would definitely NOT suggest you try this. At all. Ever. Seriously. ;)
     

    Biggfoot44

    Ultimate Member
    Aug 2, 2009
    33,490
    Just to point out that under the *Dangerous Weapons* Statute that rifles or shotguns may NOT be concealed. Nor fixed blade knives , or switchblades.
     

    Biggfoot44

    Ultimate Member
    Aug 2, 2009
    33,490
    It's been mentoned in other threads , but again take note : .

    Fader stated that long gun carry was not addressed by THIS Statute, he did not state that it was unequivocably legal under all other Statutes.
     

    dlmcbm

    Ultimate Member
    Mar 5, 2011
    1,207
    Sabillasville, Md.
    It's been mentoned in other threads , but again take note : .

    Fader stated that long gun carry was not addressed by THIS Statute, he did not state that it was unequivocably legal under all other Statutes.

    I agree. It seems to me that the Judges are thinking that it is fully legal. Not sure if that will help or hurt us.
     

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