wear/carry violation

spclopr8tr · Jun 10, 2014

As the old saying goes, "If you can't do the time, don't do the crime."

swinokur · Jun 10, 2014

Your glove box is only immune from a warrant less search. If a cop feels he has PC, and obtains a warrant and you have a firearm or something illegal therein, you're in trouble anyway.

Seems a lot easier to just not use it to store illegal items to begin with

But it's personal choice.

Indiana Jones · Jun 10, 2014

swinokur said:
Your glove box is ionly immune from a warrant less search. If a cop feels he has PC, and obtains a warrant and you have a firearm or something illegal therein, you're in trouble anyway.

Seems a lot easier to just not use it to store illegal items to begin with

But it's personal choice.

Well, some people are used to having their vehicle be an extension of their home. Maybe he moved from out of state. I dread my first visit back to MD where I cant leave a 1911 on my dash as I drive down main street.

Sent from the Bantu Wind using Tapatalk.

CharlieFoxtrot · Jun 10, 2014

Brooklyn said:
If your lawyer does not know, get new lawyer..

+1. This is not some weird esoteric question that requires hours of legal research.

MaxVO2 · Jun 10, 2014

Andras said:
Loaded mag in the gun will do it. You can have 37 loaded mags under your seat, but not one in the gun.

I don't leave anything with my address in my car after it's been broken into 3 times. I keep the car stuff in my wallet.

****I don't wish to sound mean spirited but a loaded mag IN the gun without an appropriate carry permit, etc.. is a big no no in Maryland, and shows poor judgement and/or lack of knowledge with respect to MD transport laws.

A similar thing happened to someone I know some years back and it was a pain to get resolved, and not cheap to do so. I don't think he had his record expunged but he can still own firearms, and purchase them, etc.. but it absolutely delays the background check and has made things much harder for him in other facets of his life as well (security clearances, etc..). It was a stupid mistake that he *never* thought would happen to him (he got in a car accident and the loaded gun was found in the car after the car was hit, and the glovebox broke open, etc...)

I wish your associate luck but this is a very unfriendly state with respect to the 2A. Any deviation from the law can have serious consequences from a very hostile justice system in MD.

He needs to get a good lawyer.

Dogabutila · Jun 11, 2014

swinokur said:
Your glove box is only immune from a warrant less search. If a cop feels he has PC, and obtains a warrant and you have a firearm or something illegal therein, you're in trouble anyway.

Seems a lot easier to just not use it to store illegal items to begin with

But it's personal choice.

That's absolutely fine with me. I'm perfectly okay with sitting on the side of the road while he gets a warrant and then finding nothing but a bunch of vehicle repair invoices // jiffy lube receipts and then taking his badge number.

Mark75H · Jun 11, 2014

Dogabutila said:
That's absolutely fine with me. I'm perfectly okay with sitting on the side of the road while he gets a warrant and then finding nothing but a bunch of vehicle repair invoices // jiffy lube receipts and then taking his badge number.

If he doesn't have "mourning" black tape over the number. I have a serious issue with this when I see it. Might as well be wearing the Lone Ranger mask.

Fox Mike · Jun 13, 2014

Indiana Jones said:
Well, some people are used to having their vehicle be an extension of their home. Maybe he moved from out of state. I dread my first visit back to MD where I cant leave a 1911 on my dash as I drive down main street.

Sent from the Bantu Wind using Tapatalk.

The "car" IS his personal 'place of residence' when he is in it, BUT he is on a PUBLIC highway and that negates that argument. This very subject was brought up in my CC permit class.

Maverick0313 · Jun 13, 2014

swinokur said:
Your glove box is only immune from a warrant less search. If a cop feels he has PC, and obtains a warrant and you have a firearm or something illegal therein, you're in trouble anyway.

Seems a lot easier to just not use it to store illegal items to begin with

But it's personal choice.

ThawMyTongue · Jun 13, 2014

MaxVO2 said:
****I don't wish to sound mean spirited but a loaded mag IN the gun without an appropriate carry permit, etc.. is a big no no in Maryland, and shows poor judgement and/or lack of knowledge with respect to MD transport laws.

A similar thing happened to someone I know some years back and it was a pain to get resolved, and not cheap to do so. I don't think he had his record expunged but he can still own firearms, and purchase them, etc.. but it absolutely delays the background check and has made things much harder for him in other facets of his life as well (security clearances, etc..). It was a stupid mistake that he *never* thought would happen to him (he got in a car accident and the loaded gun was found in the car after the car was hit, and the glovebox broke open, etc...)

I wish your associate luck but this is a very unfriendly state with respect to the 2A. Any deviation from the law can have serious consequences from a very hostile justice system in MD.

He needs to get a good lawyer.

View attachment AG Loaded Magazines.pdf

Letter from the AG office about the legality of loaded mags...

Straightshooter · Jun 13, 2014

Fox Mike said:
The "car" IS his personal 'place of residence' when he is in it, BUT he is on a PUBLIC highway and that negates that argument. This very subject was brought up in my CC permit class.

I would caution against taking the word of a ccw instructor as legal advise.

swinokur · Jun 13, 2014

Or armchair internet lawyers.

ThawMyTongue · Jun 13, 2014

swinokur said:
Or armchair internet lawyers.

Hey, if people come looking for armchair internet lawyers by asking legal questions to random folks on the Internets, they should take whatever they get.

swinokur · Jun 13, 2014

Yep. which is why when I give a non legal opinion, or a cite, I always end with

IANAL

TxAggie · Jun 13, 2014

compmoto said:
an associate has been pulled over for a traffic violation, and has a holstered Glock in the glovebox. He goes to court, has the traffic violation nixxed, but is guilty on the wear/carry issue... His lawyer says the state's attorney is willing to have the judge change the "guilty" to a "PBJ" ... will my friend still be legally able to legally purchase regulated firearms in MD. under this scenario ? Or even if it is not changed ? This occured in St.Mary's county..
this one of my first posts here, I apologize if it isn't in the correct forum ... also thanx for any insight offered on the matter...

This is so typical of this F-ing state. Here he is a non-felon, legal gun owner. The traffic violation is dropped, but the state is still pursuing the gun charge.

Now, had your friend been a felon, this state would have dropped the gun charged in exchange for a PBJ for the traffic violation.

esqappellate · Jun 13, 2014

compmoto said:
an associate has been pulled over for a traffic violation, and has a holstered Glock in the glovebox. He goes to court, has the traffic violation nixxed, but is guilty on the wear/carry issue... His lawyer says the state's attorney is willing to have the judge change the "guilty" to a "PBJ" ... will my friend still be legally able to legally purchase regulated firearms in MD. under this scenario ? Or even if it is not changed ? This occured in St.Mary's county..
this one of my first posts here, I apologize if it isn't in the correct forum ... also thanx for any insight offered on the matter...

In this state, he was convicted of a "disqualifying crime" which means:
g) “Disqualifying crime” means under 5-101:
(1) a crime of violence;
(2) a violation classified as a felony in the State; or
(3) a violation classified as a misdemeanor in the State that carries a statutory penalty of more than 2 years.

He was probably convicted under Section 4-203 of the Criminal Article and that is a disqualifying crime as it has a statutory penalty of 3 years (which is more than 2 years).

A person may not possess and any person may not transfer a firearm to such person if that person is convicted of a disqualifying crime. Now a PBJ after such a conviction is different than a PBJ entered before such a conviction, unless that conviction is stayed. See Hall v. Prince George's County Democratic Central Committee, 431 Md. 108, 64 A.3d 210 Md.,2013.

See generally MD Code, Criminal Procedure, § 6-220
(g)(1) On fulfillment of the conditions of probation, the court shall discharge the defendant from probation.

(2) The discharge is a final disposition of the matter.

(3) Discharge of a defendant under this section shall be without judgment of conviction and is not a conviction for the purpose of any disqualification or disability imposed by law because of conviction of a crime.

Now, Section 5-101(b) also states (as amended by SB 281):
(2) “Convicted of a disqualifying crime” does not include a case in which a person received a probation before judgment:
(i) for assault in the second degree; or
(ii) that was expunged under Title 10, Subtitle 1 of the Criminal Procedure Article.

I it were me (and I don't give legal advice here) I would read that language as meaning that he will have to have the conviction expunged in order to escape the disqualification. Good luck with that. Alternatively, if he gets PBJ and the conviction has not been stayed in the meantime, he is disqualified until the terms of the PBJ have been satisfied and he has been discharged from probation.[/B] He should get good legal counsel.

trickg · Jun 13, 2014

PJDiesel said:
He's prolly screwed.

In MD these days, when in doubt, you're screwed.

strapped · Jun 13, 2014

swinokur said:
Your glove box is only immune from a warrant less search. If a cop feels he has PC, and obtains a warrant and you have a firearm or something illegal therein, you're in trouble anyway.

Seems a lot easier to just not use it to store illegal items to begin with

But it's personal choice.

This "legal advice" is wrong.

swinokur · Jun 13, 2014

Are you an attorney? LEO? Why is it wrong? elaborate please.

And it wasn't legal advice. I said personal choice did I not?

Esqappellate is an attorney and he didn't say it was wrong and he normally corrects us non lawyers when we make mistakes. Not saying it won't happen but please explain or provide a cite.

strapped · Jun 13, 2014

Vehicles fall into the mobile exception. If there is probable cause, then police can conduct a warrantless search of the vehicle within the scope of the PC. An example would be if I smelled marijuana in a vehicle, I could then conduct a warrantless search of the vehicle anywhere that marijuana could be stored which includes the glovebox, trunk, under the hood, etc.

Not trying to make you feel bad, just dealt with a bunch of "street lawyers" last night who I'm sure never graduated middle school.

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