marylandmark
Ultimate Member
- Mar 4, 2013
- 1,432
.
.
.
Last edited:
Does the town of La Plata ban firearms?
- Thread starter marylandmark
- Start date
The #1 community for Gun Owners of the Northeast
Member Benefits:
No ad networks! Discuss all aspects of firearm ownership Discuss anti-gun legislation Buy, sell, and trade in the classified section Chat with Local gun shops, ranges, trainers & other businesses Discover free outdoor shooting areas View up to date on firearm-related events Share photos & video with other members ...and so much more!
Member Benefits:
- Nov 11, 2009
- 31,223
Send a check. I'd stay out of Town Halls while CCW, I suppose. I don't know if MD law supercedes the town ordinance regarding CCW; while you presumably can carry while performing activities related to your business - I'm guessing your permit is restricted in that regard - wandering around in govt buildings while armed might be looked on with disfavor.
IANAL, of course, so I don't know. Why not check with the local Chief of Police and get his take on it?
IANAL, of course, so I don't know. Why not check with the local Chief of Police and get his take on it?
Biggfoot44
Ultimate Member
- Aug 2, 2009
- 33,508
The important factor is the date of enactment of the town ordance.
awptickes
Member
State pre-emption.
- Jan 31, 2009
- 3,289
Certain old laws enacted by towns and counties before the state preempted them can still stand. That's why the date matters. If the law went in after the state preempted most firearms laws, it may be no good.
IANAL however.
IANAL however.
Interesting. I thought state preemption was state preemption regardles of the date. Is this grandfather policy codified in state law or case law? Lots of laws still stand because nobody has bothered challenging them.
I suspect its in COMAR where the state made the pre-emption, grandfathering the existing restrictions.
Several localities did try making post-pre-emption restrictions and the new restrictions were overturned - so, it has been challenged and upheld. So, to answer your question, both.
StantonCree
Watch your beer
- Jan 23, 2011
- 23,946
FYI if you have to go into something like that and no one can tell.........don't lock it up in their lockers. We are 100% advised not to do that unless it's a MPD Facility. I don't even like doing it outside of the prison in their "mailbox" when I have to go in for a parole hearing but since I am mandated to be there MPD covers me. If I walked into a hospital/bar/business/or a freaking museum I would walk out if they told me to lock it up.
- Feb 4, 2013
- 28,175
No they did not. The state preemption is the result of the MoCo and Annapolis bans on selling ammunition. So those regs pre-dated the preemption, and were preempted. Still on the books, but cannot be enforced due to state law.
Are you the business owner? When I spoke to MSP about mine, as the owner you are always conducting business if you are carrying any business cash or checks.
So what would be the formal process of getting the La Plata regulation formally rescinded, short of being arrested? Letter to City Council? town Attorney General/Prosecutor?
Last edited:
- Feb 4, 2013
- 28,175
Law doesn't have to be rescinded. It cannot be enforced due to state preemption.
Same with MoCo and Annapolis ammunition laws, they are still on teh books, they just don't mean anything.
Same with MoCo and Annapolis ammunition laws, they are still on teh books, they just don't mean anything.
- Feb 4, 2013
- 28,175
And end up sued for false arrest. 
And end up sued for false arrest.
Are you certain they wouldn't be covered for false arrest under the fact that they arrested under a statute of their employer?
Seems to me all the citizen could hope for is the judge to throw the case out under the premise that no viable law was broken; maybe recover provable loses, lost wages, attorney's fees etc
This is a good question for a lawyer ... would there be any recourse against the arresting officer and city prosecutor when a law passed by a local jurisdiction is moot?
- Feb 4, 2013
- 28,175
Law has been preempted. So the law is not enforceable by State law.
Like oscar says, that doesn't stop you from being arrested; it just makes it up to the judge
OldLawman
Member
I understand the question and the concern, but let me ask one in return as a practical matter: If you are concealed, and do it correctly, how would they ever know ? Is there a metal detector at these locations ? I hold an unrestricted permit in MD, and have done so for the past 18 years. Before that I was a full-time LEO in MD and two other states, and carried all the time. Not once in all those years was I ever "made" or approached by another LEO and asked if I was carrying. Choosing the right gun and method of concealment is an important part of the process (too small may be worthless; too large difficult to conceal). Or just don't go into any place you think has a restriction. Don't look like you need some extra attention, and go about your business.
I do not have a MD CCW and have no good and substantial to qualify, so this is more of an academic exercise for me. It's just disturbing, when I watch youtube videos of LEOS, who are used to the people they encounter being 1.) criminals and 2.) sheep making up laws on the spot because they either don't understand the law fully or have become used to everybody they encounter complying with their "requests". Unfortunately that places me as a law abiding citizen in the position of having to become an expert in local law and challenge their statements, something i was NOT raised to do. I have first person encounters with LEOS on average once every 10 years.
OldLawman
Member
I wasn't mocking you or your question - just wondering if we worry about it too much. Not sure what could go wrong. Conceal properly, don't attack undue attention to yourself, and nothing happens. The sound of a tree falling in the forest when no one is there to hear it.
