County ccw?

vc1911 · Apr 7, 2016

http://www.ocregister.com/articles/permits-710999-carry-gun.html

This article got my wheels turning. Is there any provision that the county Sheriff could create/issue a county-only permit? Being that sheriff's dept is the only law enforcement sanctioned by the Constitution, it would seem more appropriate as the issuing body.

I rarely ever leave the county, and while this isn't the ultimate solution could it maybe become a stepping stone in the right direction?

Probably just a daydream as long as King Mike and Queen Mike are still on their thrones... I was just curious to other opinions (or heartbreaking facts).

cheers
v

tc617 · Apr 7, 2016

I seriously doubt that any Maryland County Sheriff would stick their neck out to do this. I rarely step out of Charles County and when I do it is either over the bridge to Virginia or to the northern part of St Mary's County.

Threeband · Apr 7, 2016

State preemption forbids local-level gun laws.

Good thing, or we would have a crazy patchwork, with virtually all guns banned in Montgomery, many banned in Howard, a totally different set banned in Baltimore County, etc.

swinokur · Apr 7, 2016

State preemption

Statute 4-209.
.

Engine4 · Apr 7, 2016

You mean like federal law pre emps other state laws but the states ignore that fact?

swinokur · Apr 7, 2016

yeah except the gun grabbers in MD would prosecute the offender.

BUFF7MM · Apr 7, 2016

Engine4 said:
You mean like federal law pre emps other state laws but the states ignore that fact?

moojersey · Apr 7, 2016

Engine4 said:
You mean like federal law pre emps other state laws but the states ignore that fact?

True. Colorado. Weed. :smoke:

POP57 · Apr 7, 2016

State preemption actually does work in some cases. In Delaware, it's legal to open carry by the fact that there is no law that deems it illegal. Some years ago, New Castle County Council passed an ordinance that you can not carry in a County Park. It has since been recognized that the ordinance itself is not enforceable and the County recognizes that fact. There is currently a push to also have the no carry in State Parks removed.

swinokur · Apr 7, 2016

VA is the same way. OC not prohibited, therefore legal.

Mike · Apr 8, 2016

swinokur said:
State preemption

Statute 4-209.
.

So how is it this idiot county allowed to have this?

http://www.mymcpnews.com/wordpress/wp-content/uploads/Weapons-Law-Summary.pdf

Of course the idiots tried it in 1983 or 85 too. But they lost thanks to Atlantic Gun Shop. They tried to regulate (defacto prohibit) the sale of ammunition in the county.

http://www.leagle.com/decision/1985842302Md540_1795/MONTGOMERY COUNTY v. ATLANTIC GUNS, INC.

swinokur · Apr 8, 2016

Did you actually read the statute? The regulation of firearms discharge is not prohibited to a county. The rules in sectrion (a) don't prohibit the definition of an urban area as it's not the purchase sale, taxation, transfer, manufacture, repair, ownership, possession and transportation of a firearm.

therefore the county can regulate locations of the urban area as it's not prohibited by the statute.
.
The county can regulate the above with respect to minors.
.

MocoJed · Apr 8, 2016

Mike said:
So how is it this idiot county allowed to have this?

http://www.mymcpnews.com/wordpress/wp-content/uploads/Weapons-Law-Summary.pdf

Of course the idiots tried it in 1983 or 85 too. But they lost thanks to Atlantic Gun Shop. They tried to regulate (defacto prohibit) the sale of ammunition in the county.

http://www.leagle.com/decision/1985842302Md540_1795/MONTGOMERY COUNTY v. ATLANTIC GUNS, INC.

Don't even get me started on the fact that PSA and some other online retailers won't ship ammo to MoCo because of the stupid illegal regulation...

press1280 · Apr 9, 2016

vc1911 said:
http://www.ocregister.com/articles/permits-710999-carry-gun.html

This article got my wheels turning. Is there any provision that the county Sheriff could create/issue a county-only permit? Being that sheriff's dept is the only law enforcement sanctioned by the Constitution, it would seem more appropriate as the issuing body.

I rarely ever leave the county, and while this isn't the ultimate solution could it maybe become a stepping stone in the right direction?

Probably just a daydream as long as King Mike and Queen Mike are still on their thrones... I was just curious to other opinions (or heartbreaking facts).

cheers
v

I know there was talk a few years ago of going to a CA/NY style permit, where the county sheriffs would control the whole process, and you'd have Balt/PG/Montgo restricting permits while Frederick and other rural counties presumably issue on a shall issue basis.
A lot of folks here didn't like it, but I think with all that's gone on would probably take it now. Just imagine if non-residents could apply through any county.

MDFF2008 · Apr 9, 2016

Most of the legal people have said that would require giving counties the ability to regulate all gun laws.

I would be totally opposed to this in any form for several reasons.

1.) It divides us. When you create haves and have nots, I'm strongly concerned the haves will not fight for the have nots. For various reasons, not everyone can afford to move, nor should people have to move to exercise a constitutional right.

2.) On a good day, Maryland's highways are a cluster. Some roads criscross county lines. Imagine one day, a major accident on a road requires traffic to be re-routed, let's say a road running through 2A friendly Carrol is closed and traffic must be re-routed through anti-2A Howard. Oh crap, you have your gun. You could now be a criminal, all because of a car accident forcing the road to be closed and traffic re-routed.

3.) Imagine having to learn the gun laws of each individual county. It would be a nightmare. If I wanted to go see my parents, I'd need to learn the gun laws and transport laws for Baltimore, AA and PG.

Even in PA, you see that each county has a different procedure. When I lived in PA, Montgomery County PA required a local police signoff, while Bucks required nothing, and Delaware required 2 letters of reference.

There's just to much potential for abuse in this state.

swinokur · Apr 9, 2016

hence the reason for state preemption. one set of rules for everyone, no matter hoe f*ucked up they are.

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