Md Handgun permit interview

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  • Bob A

    όυ φροντισ
    MDS Supporter
    Patriot Picket
    Nov 11, 2009
    30,689
    "Under the influence" would undoubtedly be subject to some hair-splitting.

    "Drugs" might also be other than what would first come to mind.

    I for one have found that taking antihistamines makes me short-tempered and nasty. I'd be a fool to carry if I was suffering from hay fever to the extent that I had to take a pill. That would certainly put me under a malign influence.

    But, say, aspirin? If you have a headache, and pop a few tablets, you are, I suppose, under the influence, at least if it makes the headache go away. Does that put you in violation? Depends on what you might have done, and how badly a DA wanted to put it to you. A jury of your peers might find the argument ridiculous, but your fate is in the hands of the lawyers, never a good thing.
     

    Speaker2Wolves

    Banned
    BANNED!!!
    Feb 27, 2012
    322
    Best? Leave it at home

    Oh absolutely. I'm of the firm opinion that alcohol and firearms are a really bad mix. (Just ask Dick Cheney.) If I know I'm going to be drinking, then I know I'm not going to be shooting.

    But if I stop somewhere on the way back from the range? Then I might need someone to cart me home, which would be OK since the gun would be unloaded, and in the trunk. And it would (likely) stay there until I was sober.

    Now, some might say that MD ordinances say I have to go straight from the range to home?

    I wouldn't welcome the opportunity to argue that the law isn't that specific, but if push came to shove, I think it could be possible to win on those grounds. After all, that interpretation would preclude you from stopping to visit a restroom, or get gas, either of which could prevent you from safely reaching your destination.
     

    Merlin

    Ultimate Member
    Dec 31, 2009
    3,953
    Carroll County, Maryland
    Oh absolutely. I'm of the firm opinion that alcohol and firearms are a really bad mix. (Just ask Dick Cheney.) If I know I'm going to be drinking, then I know I'm not going to be shooting.

    But if I stop somewhere on the way back from the range? Then I might need someone to cart me home, which would be OK since the gun would be unloaded, and in the trunk. And it would (likely) stay there until I was sober.

    Now, some might say that MD ordinances say I have to go straight from the range to home?

    I wouldn't welcome the opportunity to argue that the law isn't that specific, but if push came to shove, I think it could be possible to win on those grounds. After all, that interpretation would preclude you from stopping to visit a restroorom, or get gas, either of which could prevent you from safely reaching your destination.

    that was not the original question. The original question was if you were out all day and you got a call from a friend that asked you to stop for a drink, could a lock box be a way to go?
     

    Zaicran

    Active Member
    MDS Supporter
    Sep 26, 2010
    910
    Morganza, MD
    People get themselves into trouble when they start splitting hairs over how much they can drink, when, where..yadda yadda.

    Push the envelope, win stupid prizes.
     

    LCPIWB

    Needs an avatar
    MDS Supporter
    Nov 17, 2011
    2,001
    Underneath the blimp, Md.
    Pull out the COMAR and ask why you are being asked the question

    29.03.02.04

    Just to raise some discussion.
    Stumbling around on the website after looking at the link you provided, I found this. http://www.dsd.state.md.us/comar/getfile.aspx?file=29.03.02.12.htm
    It appears to indicate training requirements.

    I am just stirring the pot, anyone can chime in.

    EDIT:
    Also stumbled over this court case from 2004 while looking for what is Article 27, 36E.
    Scherr Vs. Handgun Review Board.

    Still looking for what Artcle 27, 36E is, which was reference in the link I originally posted.
     

    LCPIWB

    Needs an avatar
    MDS Supporter
    Nov 17, 2011
    2,001
    Underneath the blimp, Md.


    I like

    Q So your testimony, then, is that the definite-you have indicated that an acceptable level of danger to you, which would then-based on that, you would then issue a permit.   That is more than what-you said, is more than an average person would encounter.   That phrase is your own ․

    A Yes.

    Q ․ thinking, right?

    A Uh-huh.

    Q In other words, for lack of a better word, you made that up?

    A Yes.
     

    Mr H

    Banana'd
    Oh absolutely. I'm of the firm opinion that alcohol and firearms are a really bad mix. (Just ask Dick Cheney.) If I know I'm going to be drinking, then I know I'm not going to be shooting.

    But if I stop somewhere on the way back from the range? Then I might need someone to cart me home, which would be OK since the gun would be unloaded, and in the trunk. And it would (likely) stay there until I was sober.

    Now, some might say that MD ordinances say I have to go straight from the range to home?

    I wouldn't welcome the opportunity to argue that the law isn't that specific, but if push came to shove, I think it could be possible to win on those grounds. After all, that interpretation would preclude you from stopping to visit a restroom, or get gas, either of which could prevent you from safely reaching your destination.

    Something we may want to consider...

    Assuming we go "Shall-Issue", I fully expect a whole slew of new/restructured laws which will be intended to box carriers in, and attempt to severely restrict the where and when.
     

    Safetech

    I open big metal boxes
    May 28, 2011
    4,454
    Dundock
    1 South Carolina
    2 Tenneesee
    3 Navada
    4 Florida
    5 Louisiana
    6 Alaska
    7 Delaware
    8 Maryland


    Really?


    Edit:

    Oops! Missed this. (Can anyone figure out what this really says?)

    Cautionary note about rankings

    The ranks in some tables are based on estimates derived from a sample(s). Because of sampling and nonsampling errors associated with the estimates, the ranking of the estimates does not necessarily reflect the correct ranking of the unknown true values. Thus, caution should be used when making inferences or statements about the states' true values based on a ranking of the estimates. As an example, the estimated total (average, percent, ratio, etc.) for State A may be larger than the estimates for all other states. This does not necessarily mean that the true total (average, percent, ratio, etc.) for State A is larger than those for all other states. Such an inference typically depends on --among other factors-- the size of the difference(s) between the estimates in question, and the size of their associated standard errors.

    In other tables, the ranks are based on a complete enumeration of the target population, or on complete administrative reporting from the population. In such cases, sampling is not used, and there is no sampling error component in the estimates. Still, care should still be taken when making inferences or statements based on the rankings. The table values may still exhibit nonsampling error originating from such sources as coverage problems (missing units or duplicates), nonresponse, misreporting, and others.
    Last Revised: September 27, 2011 at 09:43:17 AM


    WHAT???
     

    esqappellate

    President, MSI
    Feb 12, 2012
    7,407
    Just to raise some discussion.
    Stumbling around on the website after looking at the link you provided, I found this. http://www.dsd.state.md.us/comar/getfile.aspx?file=29.03.02.12.htm
    It appears to indicate training requirements.

    I am just stirring the pot, anyone can chime in.

    EDIT:
    Also stumbled over this court case from 2004 while looking for what is Article 27, 36E.
    Scherr Vs. Handgun Review Board.

    Still looking for what Artcle 27, 36E is, which was reference in the link I originally posted.

    Recodified into Public Safety Article 5-306, the basic permit statute. Scherr is the case that the MSP and the Board looks to for guidance on G&S.
     

    Merlin

    Ultimate Member
    Dec 31, 2009
    3,953
    Carroll County, Maryland
    People get themselves into trouble when they start splitting hairs over how much they can drink, when, where..yadda yadda.

    Push the envelope, win stupid prizes.


    I agree. I was just trying to find where the line is drawn. I would never intentionally carry and go drinking. Personally it has been a year or more the last time I had a beer over dinner. So please do not get the idea that I am a drinker.

    But I was just wondering if your were out and about to all of the places and reasons that a ccw is OK and you got a call to meet someone for dinner. And over dinner you were to have just one beer and you are NOT under the influence, is it satisfactory to unload and lock the gun in the trunk of your car that had a lock box. And then go and have dinner and one beer?


    Same question with a different spin. In Maryland you have the right way they want you to transport your gun to and from a range. So you go shooting. After shooting you then unload and have your gun back into it's secure holster/case. And if you want you can go as far as the out of reach thing and or in the different compartment like the trunk of your car.

    Can you stop on the way home with the friend you went shooting with and have dinner and one beer? Or do you have to go straight home from the range and do not pass GO?
     

    esqappellate

    President, MSI
    Feb 12, 2012
    7,407
    People get themselves into trouble when they start splitting hairs over how much they can drink, when, where..yadda yadda.

    Push the envelope, win stupid prizes.

    This. And you are still transporting a handgun, even if it is in a lockbox in the trunk. In VA, the CCW law is quite clear. You can't even go into a bar that is primarily devoted to serving booze. You can go into a restaurant to eat (even if also serves booze, eg., Ruby Tuesdays), but you can't take a single drink and you can't sit in the bar section. So, would that social drink be worth it? Not to me. YMMV.
     

    Name Taken

    Ultimate Member
    Feb 23, 2010
    11,891
    Central
    Under the influence has been defined for several years regarding the transportation article.

    It wouldnt take but a 2 year Poly-Sci student to get the courts to relate the two.

    Thinking you are getting charged and losing your guns over some headache medicine is tin-foilish to say the least.
     

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