"Sensitive" places restrictions on wear and carry currently that should not be.

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  • AlBeight

    Member
    MDS Supporter
    Mar 30, 2017
    4,587
    Hampstead
    Does the State “managing” the land make it “State” land, or is it ownership of said land? In Carroll County, the Hanover Watershed property that I hunt on is located in Maryland (a large part of it anyway), managed by the Maryland DNR, but wholly owned by the City of Hanover, PA (it’s their public water reservoir similar to Liberty and Prettyboy Reservoirs in MD being owned by the City of Baltimore). I may be wrong but I’m guessing the Frederick City Watershed property is owned by the City of Frederick. If DNR “manages” it, it would be interesting to know how that gets classified.
     

    OrbitalEllipses

    Ultimate Member
    Jul 18, 2013
    4,143
    DPR of MoCo

    lazarus

    Ultimate Member
    Jun 23, 2015
    13,757
    The DNR prohibitions on state parks, forests, and Chesapeake forest lands are through COMAR and not in separately specified in MD law.



    Ahhhh! That would help explain why guns are banned in parks (except hunting), but not in federal parks. Because the police decided they shouldn't be allowed, not because the law says they aren't.

    Fugging great. Sounds that much more ripe to be stricken under a sensitive places case. Not necessarily a rush, since I am sure there are plenty of lawsuits cued, but when someone is ready for a Maryland sensitive places lawsuit (please include what is in COMAR, not just in statute) I am happy to chip in bucks.
     

    Threeband

    The M1 Does My Talking
    Dec 30, 2006
    25,412
    Carroll County
    Ahhhh! That would help explain why guns are banned in parks (except hunting), but not in federal parks. Because the police decided they shouldn't be allowed, not because the law says they aren't.

    Fugging great. Sounds that much more ripe to be stricken under a sensitive places case. Not necessarily a rush, since I am sure there are plenty of lawsuits cued, but when someone is ready for a Maryland sensitive places lawsuit (please include what is in COMAR, not just in statute) I am happy to chip in bucks.

    Seriously, way back in the woods is where people particularly need to be able to defend themselves. People are very vulnerable there, and they are on their own.
     

    DC-W

    Ultimate Member
    Patriot Picket
    Jan 23, 2013
    25,290
    ️‍
    Antis: People shouldn’t carry guns in crowded areas. Too many people!

    Also Antis: People shouldn’t carry guns in parks and forests. There’s no dangers there.
     

    lazarus

    Ultimate Member
    Jun 23, 2015
    13,757
    Antis: People shouldn’t carry guns in crowded areas. Too many people!

    Also Antis: People shouldn’t carry guns in parks and forests. There’s no dangers there.
    I stay away from the former as much as possible. No judgement on those who can’t (other than no envy).

    On the later, most of the scarier people I’ve met were probably 30+ minutes from the closest NRP officer and the same from a sheriffs deputy and for sure didn’t have cell service, so it didn’t really matter how close or far they were.

    Only had a serious bear encounter once, when I was 18 backpacking through Shenandoah with high school buddies right after graduating. Fortunately it left us alone, but we could see it nosing through camp through the tent wall in the full moon light and hear it. Fortunately we weren’t dumb and our food was in a hang bag out a tree limb 15ft off the ground. Our pocket knives weren’t going to do much.
     

    DC-W

    Ultimate Member
    Patriot Picket
    Jan 23, 2013
    25,290
    ️‍
    During the hearing on Del. Cox's bill that aimed to allow carry in parks, one of the opponents raised warnings from the National Park Service not to use firearms on wildlife in self-defense. That's the sneaky stuff opponents pull.
     

    Threeband

    The M1 Does My Talking
    Dec 30, 2006
    25,412
    Carroll County
    ...

    Only had a serious bear encounter once, when I was 18 backpacking through Shenandoah with high school buddies right after graduating. Fortunately it left us alone, but we could see it nosing through camp through the tent wall in the full moon light and hear it. Fortunately we weren’t dumb and our food was in a hang bag out a tree limb 15ft off the ground. Our pocket knives weren’t going to do much.

    You could have slashed the Achilles tendons one of your buddies, and run away.
     

    Threeband

    The M1 Does My Talking
    Dec 30, 2006
    25,412
    Carroll County
    During the hearing on Del. Cox's bill that aimed to allow carry in parks, one of the opponents raised warnings from the National Park Service not to use firearms on wildlife in self-defense. That's the sneaky stuff opponents pull.

    It's not about "wildlife." It's about the most dangerous animal, Man.

    People in the back country, and even at highway rest stops, are especially vulnerable to attack: to robbery, rape, and murder.

    There is no one to hear you call for help.


    Take a look at this experience by one of our own members:
    He and his wife were ambushed and nearly robbed(or worse) by a gang of local thugs at an isolated Scenic Overlook in West Virginia.

    Only his situational awareness and his Smith & Wesson Bodyguard saved them from harm.

    Read about it in this Great Thread:






    .
     
    Last edited:

    lazarus

    Ultimate Member
    Jun 23, 2015
    13,757
    It's not about "wildlife." It's about the most dangerous animal, Man.

    People in the back country, and even at highway rest stops, are especially vulnerable to attack: to robbery, rape, and murder.

    There is no one to hear you call for help.


    Take a look at this experience by one of our own members:
    He and his wife were ambushed and nearly robbed(or worse) by a gang of local thugs at an isolated Scenic Overlook in West Virginia.

    Only his situational awareness and his Smith & Wesson Bodyguard saved them from harm.

    Read about it in this Great Thread:






    .
    I've run in to a few meth heads before when out hiking that mostly left us alone in the end because it was a group of 4 of us and just 3 of them. If it had just been my wife and myself...


    They very much looked like they were looking for a target. I've also run in to the usual assortment of drunks and what not around back country camping areas (granted, not a LOT of them, but I've run to a few closer to civilization on the AT when a designated camping area is closer to civilization). Plus drug addicts in parking lots for hiking areas.
     

    elwojo

    File not found: M:/Liberty.exe
    Dec 23, 2012
    678
    Baltimore, Maryland
    Unfortunately, Montgomery County will likely be able to push these "100yds from sensitive places" restrictions and abide by state preemption.

    Article talking about the law: https://www.mymcmedia.org/new-legislation-to-prohibit-firearms-in-or-near-public-places/

    Their document for pushing the law is here: https://www.montgomerycountymd.gov/council/Resources/Files/agenda/col/2022/20220712/20220712_10A.pdf

    Excerpt with regards to preemption:
    Maryland law specifically allows counties to regulate the possession of certain firearms
    within 100 yards of a place of public assembly. Under the Criminal Law Article of the Maryland

    Code, § 4-209:
    State preemption
    (a) Except as otherwise provided in this section, the State preempts the right of a county,
    municipal corporation, or special taxing district to regulate the purchase, sale, taxation, transfer,
    manufacture, repair, ownership, possession, and transportation of:
    (1) a handgun, rifle, or shotgun; and
    (2) ammunition for and components of a handgun, rifle, or shotgun.
    Exceptions
    (b)(1) A county, municipal corporation, or special taxing district may regulate the
    purchase, sale, transfer, ownership, possession, and transportation of the items listed in
    subsection (a) of this section:
    (i) with respect to minors;
    (ii) with respect to law enforcement officials of the subdivision; and
    (iii) except as provided in paragraph (2) of this subsection, within 100
    yards of or in a park, church, school, public building, and other place of public
    assembly.

    (2) A county, municipal corporation, or special taxing district may not prohibit the teaching
    of or training in firearms safety, or other educational or sporting use of the items listed in
    subsection (a) of this section.
    It doesn't help in the near term that MoCo redefined "place of public assembly" to mean:
    a place where the public may assemble, whether the place is publicly or
    privately owned, including a park; place of worship; school; library; recreational facility; hospital;
    community health center; long-term facility; or multipurpose exhibition facility, such as a
    fairgrounds or conference center. A place of public assembly includes all property associated with
    the place, such as a parking lot or grounds of a building.
    So this won't get struck down by state law, and it effectively makes carry in Montgomery County impossible.

    It will need to get struck down by NYSRPA v Bruen or create a new case entirely.
     

    sino26

    Member
    Mar 5, 2013
    242
    Columbia
    For carrying in a state park\forest from here it looks like if caught you could just pay a $300 prepayable fine? Getting caught multiple times and you could possibly be arrested. Am I reading this correctly? Is there any other penalty besides this?


    08.07.01.04B Possession or Use of Weapons or Firearms in a State Forest 300 1st/500; 2nd/1000 and/or 1 year
    08.07.01.04E Loaded Weapon in State Forest Campsite 75 1st/500; 2nd/1000 and/or 1 year
    08.07.06.04C Carrying of (Loaded Firearm, Uncased Firearm, Firearm w/o Open/Broken Breech) in State Park 300 1st/500; 2nd/1000 and/or 1 year
     

    DC-W

    Ultimate Member
    Patriot Picket
    Jan 23, 2013
    25,290
    ️‍
    Unfortunately, Montgomery County will likely be able to push these "100yds from sensitive places" restrictions and abide by state preemption.

    Article talking about the law: https://www.mymcmedia.org/new-legislation-to-prohibit-firearms-in-or-near-public-places/

    Their document for pushing the law is here: https://www.montgomerycountymd.gov/council/Resources/Files/agenda/col/2022/20220712/20220712_10A.pdf

    Excerpt with regards to preemption:

    It doesn't help in the near term that MoCo redefined "place of public assembly" to mean:

    So this won't get struck down by state law, and it effectively makes carry in Montgomery County impossible.

    It will need to get struck down by NYSRPA v Bruen or create a new case entirely.
     

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    davsco

    Ultimate Member
    Oct 21, 2010
    8,640
    Loudoun, VA
    Currently we cant carry in state parks, state forests, state rest stops , inns, ect.
    what a bunch of friggin bullsh1t. all these other states that have allowed carry for years and decades now and there are no wild west shootouts. the whole purpose of carrying is to be able to protect yourself and others. clearly criminals have shot innocents at churches, parks, offices and everywhere else so we shouldn't be precluded from protecting ourselves there.

    i mean it's just vicious to deny law-abiding citizens the ability to protect ourselves, everywhere.
     

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