Use handgun on the road w/o carry permit

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  • Blaster229

    God loves you, I don't.
    MDS Supporter
    Sep 14, 2010
    46,627
    Glen Burnie
    law and recommendations can be interpreted as one in the same. it is recommended the gun be the furthest point from the driver and the magazine empty. what the law stipulates can possibly make your traffic stop a fatal one or at the least, a confiscation from an uninformed trooper or LEO. (legally speaking) as ambitious as it gets in this state, always play it safe to the umth degree.

    Been a cop almost twenty years. Pistol always in plain view right next to me at the console, under my leg, etc... never been shot by a cop on a traffic stop yet when he saw my gun. And before I tell them I'm a cop.
    You make it sound like all cops draw and shoot immediately.
     

    15carbine15

    Banned
    BANNED!!!
    Nov 5, 2014
    514
    Prince George's County
    Been a cop almost twenty years. Pistol always in plain view right next to me at the console, under my leg, etc... never been shot by a cop on a traffic stop yet when he saw my gun. And before I tell them I'm a cop.
    You make it sound like all cops draw and shoot immediately.

    I am planning to try and become a cop next year. Wish me luck.
     

    Bald Fat Guy

    Active Member
    Oct 7, 2014
    418
    Here's the thing about Transport related questions , there are always at least four different answers :

    1. Actual Statute

    2. Official " Recomendations" of various LE and gov't agencies.

    3. What the random individual Ofc says/ thinks/ does .

    4. What a wise and somewhat prudent person does/ sugguests.

    Numbers 1 and 2 usually conflict. Number 3 is all over the map in every direction.
     

    MikeTF

    Ultimate Member
    Every situation is unique, so one has to use their best judgement, regardless of what 'the law' may be interpreted to mean. That will get sorted out later. If one's life is in danger, one should defend themselves (or protect others). Even MD law recognizes this. Do what's right. Be decisive. Stop fearing 'the state' or waiting to ask for permission. Sometimes, it is better to ask for forgiveness than to ask for permission.
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    Lotsa good posts here

    1. You likely have a duty to retreat

    2. Once you load up, you are now carrying without a permit and will likely be charged as such

    3. Once you discharge, you will likely be charged for that too (you're on a road, right?)

    If your life is truly on the line maybe all that is worth it.

    Way too many ifs here. It's probably a loosing proposition.

    IANAL

    1) Yes

    2) Open carry

    3) Possibly

    But if you have a handgun on the passenger seat in plain sight, I would expect some EXTRA attention from a LEO in a normal stop. But it can be out of sight, with a loaded mag, also out of sight, and be pretty handy if needed.

    I would prefer it to be constained somehow, if no other reason, it I needed it, and it was loose on the seat, after a quick stop or accident, where would it be???????
     

    Straightshooter

    Ultimate Member
    Aug 28, 2010
    5,015
    Baltimore County
    Been a cop almost twenty years. Pistol always in plain view right next to me at the console, under my leg, etc... never been shot by a cop on a traffic stop yet when he saw my gun. And before I tell them I'm a cop.
    You make it sound like all cops draw and shoot immediately.
    Just don't have a dog sitting next to you. Never can tell what reaction that will bring from an LEO. :)
     

    Blaster229

    God loves you, I don't.
    MDS Supporter
    Sep 14, 2010
    46,627
    Glen Burnie

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    stringer bell

    Active Member
    Aug 20, 2014
    106
    depends on where your stopped, if in the city, by all means protect yourself, nobody is really putting any effort in finding out who did the shooting
     

    teratos

    My hair is amazing
    MDS Supporter
    Patriot Picket
    Jan 22, 2009
    59,842
    Bel Air
    I would say it is better to die than face the court. That's just me. I love rules. :D
     

    MDFF2008

    Ultimate Member
    Aug 12, 2008
    24,767
    Maryland has no stand your ground law outside the home, so you would have a duty to retreat.

    Hypothetically, if you were cornered, maybe, but then again I don't think your allowed to transport the gun loaded, so someone might ask why you didn't use the time you spent loading the gun to retreat.
     

    Straightshooter

    Ultimate Member
    Aug 28, 2010
    5,015
    Baltimore County
    Maryland has no stand your ground law outside the home, so you would have a duty to retreat.

    Hypothetically, if you were cornered, maybe, but then again I don't think your allowed to transport the gun loaded, so someone might ask why you didn't use the time you spent loading the gun to retreat.
    Only takes two second to stick a mag in.
     

    smokey

    2A TEACHER
    Jan 31, 2008
    31,538
    look up comar for 4-101...
    Capture.jpg
    http://www.lexisnexis.com/hottopics/mdcode/
    criminal law->title 4 -> subtitle 1 -> 4-101

    So, under "reasonable apprehended danger"...you'd be able to load up and carry. This would be determined by the court, so you'd still have to lawyer up and prove your innocence.

    As far as your scenario, md's castle laws only apply at home. Outside of your home, you have a duty to retreat and you could only use the minimum amount of force necessary to stop the threat. If you were being chased by someone you believed was intent on harming you, theoretically you could invoke 4-101's defense to load up and carry to protect yourself from the "apprehended danger". If and only if you were out of options and had no means of retreat or using lesser force, and were in fear of imminent bodily harm or death, then yes...in that scenario you could have a pretty solid legal defense.

    It will of course be important that you immediately shut up, only directing police to where they may find evidence that helps out your case(such as shell casings nearby to prove the threat was actively firing at you....once they leave the scene, they're gone and won't be evidence for your defense). Aside from directing them where to collect evidence(in a smart way) only say, "I want to speak to my lawyer"...if anything at all. You WILL have to defend yourself in court.
     

    woodstock

    Banned
    BANNED!!!
    Jun 28, 2009
    4,172
    "...reasonable apprehended danger applies to those who hold job positions and or political office or one who has documented threats against their person, family members excluded.


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    woodstock

    Banned
    BANNED!!!
    Jun 28, 2009
    4,172
    Wouldn't lie living in one of the most dangerous cities in the world put one at a danger level to warrant a w/c peit?


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