Prohibited Area Discrepancies: Carry at Public Rest Areas, Schools and Demonstrations

[Chat-Bot]

In anticipation of receiving my permit soon, I decided to look specifically at the laws where carrying is prohibited by law. I (shockingly, I know) found a discrepancy between the MSP's website and the actual law.

MSP Website: In State Highway Rest Areas, unless properly secured within vehicle (COMAR 11.04.07.12)

COMAR 11.01.07.12: The display or discharge of firearms, pellet guns, B-B guns, and fireworks of any kind is prohibited.

It seems that the actual law (COMAR) prohibits OC/discharge at a rest area only and the MSP website is incorrect. Has anyone else found any other discrepancies?

Another one I found is in regard to schools:

MSP Website: On school property

Criminal Law 4-102(b): Prohibited. -- A person may not carry or possess a firearm, knife, or deadly weapon of any kind on public school property.

Here, it seems that carrying on public school property is prohibited. As for private schools, there does not seem to be a prohibition.

Lastly, there's a slight discrepancy on public demonstrations:

MSP Website: Within 1,000 feet of a demonstration in a public place

Criminal Law 4-208(b): (2) A person may not have a firearm in the person's possession or on or about the person at a demonstration in a public place or in a vehicle that is within 1,000 feet of a demonstration in a public place after:
(i) the person has been advised by a law enforcement officer that a demonstration is occurring at the public place; and
(ii) the person has been ordered by the law enforcement officer to leave the area of the demonstration until the person disposes of the firearm.

It seems that you have to be advised that a public demonstration is occurring, and you have to be ordered to leave the area.

My son goes to a daycare that is also a k4-8th grade private school. I think I'm restricted because of the daycare portion lol.

You can get "authorization" from a private school principal and carry on campus.

 

[dblas]

In anticipation of receiving my permit soon, I decided to look specifically at the laws where carrying is prohibited by law. I (shockingly, I know) found a discrepancy between the MSP's website and the actual law.

MSP Website: In State Highway Rest Areas, unless properly secured within vehicle (COMAR 11.04.07.12)

COMAR 11.01.07.12: The display or discharge of firearms, pellet guns, B-B guns, and fireworks of any kind is prohibited.

It seems that the actual law (COMAR) prohibits OC/discharge at a rest area only and the MSP website is incorrect. Has anyone else found any other discrepancies?

Another one I found is in regard to schools:

MSP Website: On school property

Criminal Law 4-102(b): Prohibited. -- A person may not carry or possess a firearm, knife, or deadly weapon of any kind on public school property.

Here, it seems that carrying on public school property is prohibited. As for private schools, there does not seem to be a prohibition.

Lastly, there's a slight discrepancy on public demonstrations:

MSP Website: Within 1,000 feet of a demonstration in a public place

Criminal Law 4-208(b): (2) A person may not have a firearm in the person's possession or on or about the person at a demonstration in a public place or in a vehicle that is within 1,000 feet of a demonstration in a public place after:
(i) the person has been advised by a law enforcement officer that a demonstration is occurring at the public place; and
(ii) the person has been ordered by the law enforcement officer to leave the area of the demonstration until the person disposes of the firearm.

It seems that you have to be advised that a public demonstration is occurring, and you have to be ordered to leave the area.

We have been saying for years, that "the list" on MSP's website is incorrect/embelished, complete with cites.

The rest stop issue has been brought up MANY times and every time has been shown to be bogus information from MSP, and yet it still comes up. Along with all of the other items on MSPs website.

 

[dblas]

I am personally confused about the rest stop thing. MSIs page makes it more confusing.

COMAR says “display or discharge”. To me that would mean if you are conceal carrying it is legal

Unless….

the rest stop has a no guns allowed sign… then it’s a no no


I plan on avoiding rest stops in the state. I’d rather shit myself than risk it. Lol


We got any lawyers on here who can break this down for us.

Said signs in Maryland have absolutely NO force of law. The worst that can happen is you can be asked to leave. No confusion what so ever.

 

[dblas]

No carrying at a state rest area, the weapon needs to be locked up in your vehicle when using the facilities. This is my understanding.

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Your understanding is incorrect.
State law, and COMAR state no OC and no discharge.
Absolutely No where in state statute is Concealed carry on a permit prohibited in state statute. If it is NOT prohibited in State Statute (State law), then it is permissable. Carry on.

 

[dblas]

We need the legal definition of “display” as it relates to the comar. Trying to find something now.

NO, COMAR is NOT the law, please stop treating as if it is.

COMAR is the administrative regulation on how the state law (State Statutes) are enforce.
The definition would be in State Statute, and any lack of said definition benefits the person, not the state.

Stop trying to make carrying harder than it needs to be.

 

[teratos]

Said signs in Maryland have absolutely NO force of law. The worst that can happen is you can be asked to leave. No confusion what so ever.

That’s the worst that SHOULD happen. Tell me again about the 5-0 having no confusion?

 

[Blaster229]

I am personally confused about the rest stop thing. MSIs page makes it more confusing.

COMAR says “display or discharge”. To me that would mean if you are conceal carrying it is legal

Unless….

the rest stop has a no guns allowed sign… then it’s a no no


I plan on avoiding rest stops in the state. I’d rather shit myself than risk it. Lol


We got any lawyers on here who can break this down for us.

I've never spoken 1 word to anyone at a rest stop let alone have a police interaction.

 

[44Dan44]

I've never spoken 1 word to anyone at a rest stop let alone have a police interaction.

This made me laugh and indeed... same here. I don't frequent rest stops but when I do it's pretty quick and not a lot of chatting. Ambiguous head nod at best.

 

[HotWheelsUMD]

The daycare one seemed like a stretch to me as well. It comes from a list of things that daycare providers either cannot have or must control access to in a daycare facility.

Sec. 13a.16.10.04. Potentially Hazardous Items, Chapter 13A.16.10. Safety, Subtitle 16. CHILD CARE CENTERS, Title 13A. Maryland State Board of Education, Code of Maryland Regulations

Maryland State agency regulations are compiled in the Code of Maryland Regulations (COMAR). The Maryland Register is an official publication of the State of Maryland, The Register serves as the temporary supplement to the Code of Maryland Regulations (COMAR).

mdrules.elaws.us

"G. Except in a small center located in a residence, a firearm may not be kept on the premises."

Does this language actually cover a parent picking up a child at a daycare who is [otherwise] lawfully carrying? Is it reasonable to conclude that activity constitutes "keeping" a firearm on the premises?

 

[trailman]

So this is from MSI website

Places and Times In Which Firearms Can Not Be Legally Carried by a Permit Holder

• On public school property - Md. Criminal Law § 4-102https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcr&section=4-102&enactments=false
• With the deliberate purpose of injuring or killing another person - Md. Criminal Law § 4-203(a)(1)(iv)
• While in the commission of a crime of violence - Md. Criminal Law § 4-204
• While under the influence of alcohol or drugs - Md. Public Safety § 5-314
• When not in physical possession of the issued permit - Md. Public Safety § 5-308
• Outside of any restrictions placed upon the issued permit - Md. Public Safety § 5-307
• Aboard any vehicle or inside any building under the control of the Maryland Transit Administration (MTA) - Md. Transportation § 7-705(b)(6)
• Within 1,000 feet of a demonstration in a public place after being notified by law enforcement that guns cannot be carried - Md. Criminal Law § 4-208
• In or around State-owned public buildings and grounds - COMAR 04.05.01.03
• Inside State legislative buildings - Md. State Government § 2-1702(e)(2)
• Aboard aircraft engaged in certified air commerce - Md. Transportation § 5-1008
• An innkeeper may refuse to provide lodging or services to or may remove from a lodging establishment an individual where the innkeeper reasonably believes the individual possesses property that may be dangerous to other individuals, such as firearms or explosives - Md. Business Regulation § 15-203(a)(6)
• Maryland Port Administration Property - COMAR 11.05.07.04
• On World Trace Center Baltimore Property defined in COMAR 11.05.05.02 - COMAR 11.05.05.08
• Captain, master or any person on board or having control of any dredge boat may not have or permit to be kept on the dredge boat more than two shotguns not larger than a number ten gauge and using shot not larger than number one - Md. Natural Resources § 4-1013
• Chesapeake Forest lands, except at designated shooting ranges and when legally hunting - COMAR 08.01.07.14
• State Forests, except at designated shooting ranges and when legally hunting - COMAR 08.01.07.04
• State Parks, except at designated shooting ranges and when legally hunting - COMAR 08.07.06.04
• State Highway rest areas, when displayed - COMAR 11.04.07.12
• At a facility under the control of the Maryland Stadium Authority - COMAR 14.25.02.06
  Such facilities are defined in COMAR 14.25.01.01
• At a State museum unless authorized for an exhibition that in the museum director's judgment promotes the purposes of the museum - COMAR 34.04.08.04
• At a Video Lottery Facility as defined by Md. State Government, § 9-1A-01(aa) - COMAR 36.03.10.48
• In community adult rehabilitation centers - COMAR 12.02.03.10(h)(9)
• In child care centers, except for small centers located in residences - COMAR 13A.16.10.04
• If under a proclaimed State of Emergency by the Governor when the Governor has issued orders, rules, or regulations controlling the possession, carry, use, and/or sale of firearms - Md. Public Safety § 14-303(b)(8)

I wonder how much of this is technically struck down. Places like forest lands are just what SCOTUS spoke about where a locality cannot ban carry in vast swaths of land.

 

[LoneWolf123]

This made me laugh and indeed... same here. I don't frequent rest stops but when I do it's pretty quick and not a lot of chatting. Ambiguous head nod at best.

View attachment 376841

Emergency shits for me only. Lol

 

[LoneWolf123]

NO, COMAR is NOT the law, please stop treating as if it is.

COMAR is the administrative regulation on how the state law (State Statutes) are enforce.
The definition would be in State Statute, and any lack of said definition benefits the person, not the state.

Stop trying to make carrying harder than it needs to be.

Sorry boss. Just asking trying to understand here. Literally the only sensitive place I am not super clear on and could impact me.

When I got to shit. I got to shit immediately. Short fuse. Lol

 

[GTOGUNNER]

Rest stops are cared for by the county in which they are. So i was told. The property is deeded as part of the highway system. Keep on carrying it is OK.


Sent from an undisclosed location.

 

[Dave]

what would the penalty be for carrying in a place restricted by state law? For instance in a rest stop, ASSUMING that it was in fact illegal.

 

[Garet Jax]

what would the penalty be for carrying in a place restricted by state law? For instance in a rest stop, ASSUMING that it was in fact illegal.

Generally speaking each law has a section that defines the penalty. From what I have seen, the vast majority of gun laws have a potential penalty of at least 3 years in prison.

 

[davsco]

friggin Elrich on news today say nothing will happen to you in a public building, so no need to carry there. he must not get out much.

 

[RFBfromDE]

friggin Elrich on news today say nothing will happen to you in a public building, so no need to carry there. he must not get out much.

Capitol/Park police and MOCO Sheriffs are no longer armed I take it?

 

[swinokur]

friggin Elrich on news today say nothing will happen to you in a public building, so no need to carry there. he must not get out much.

Tell that to the dead people in VA Beach building


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[Biggfoot44]

what would the penalty be for carrying in a place restricted by state law?

Esqapellate just shortly ago addressed this in another thread .

The Permit language says * Valid except where prohibited by law * . Hence , in such places the W&C Permit would have no force , so the charge would be 4-203 , Carrying w/o a License .

3 yr Misdemeanor , aka Prohibiting offense .

 

[Dave]

Esqapellate just shortly ago addressed this in another thread .

The Permit language says * Valid except where prohibited by law * . Hence , in such places the W&C Permit would have no force , so the charge would be 4-203 , Carrying w/o a License .

3 yr Misdemeanor , aka Prohibiting offense .

thank you. I think everyone needs to be aware of this as we can be sure we'll be seeing a whole list of new prohibited places once the legislature is in session.