Question on Maryland law

Hello from Pennsylvania. Sorry to sidestep the greetings forum but my visit will be short. I hope this is in the correct place.

I'm from western PA and my sister is traveling to a dog show in Baltimore Easter weekend. She wants me to accompany her and show one of the dogs. I'm looking to see if it's legal to bring my Kahr CM9 ( 7 rounds max) into your state for bedside protection in the hotel. A quick search of Maryland laws finds me this.


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Maryland Criminal Law Section 4-203
Article - Criminal Law

§ 4-203.

(a) (1) Except as provided in subsection (b) of this section, a person may not:
(i) wear, carry, or transport a handgun, whether concealed or open, on or about the person;
(ii) wear, carry, or knowingly transport a handgun, whether concealed or open, in a vehicle traveling on a road or parking lot generally used by the public, highway, waterway, or airway of the State;
(iii) violate item (i) or (ii) of this paragraph while on public school property in the State; or
(iv) violate item (i) or (ii) of this paragraph with the deliberate purpose of injuring or killing another person.

(2) There is a rebuttable presumption that a person who transports a handgun under paragraph (1)(ii) of this subsection transports the handgun knowingly.

(b) This section does not prohibit:
(1) the wearing, carrying, or transporting of a handgun by a person who is on active assignment engaged in law enforcement, is authorized at the time and under the circumstances to wear, carry, or transport the handgun as part of the person's official equipment, and is:
(i) a law enforcement official of the United States, the State, or a county or city of the State;
(ii) a member of the armed forces of the United States or of the National Guard on duty or traveling to or from duty;
(iii) a law enforcement official of another state or subdivision of another state temporarily in this State on official business;
(iv) a correctional officer or warden of a correctional facility in the State;
(v) a sheriff or full-time assistant or deputy sheriff of the State; or
(vi) a temporary or part-time sheriff's deputy;

(2) the wearing, carrying, or transporting of a handgun by a person to whom a permit to wear, carry, or transport the handgun has been issued under Title 5, Subtitle 3 of the Public Safety Article;

(3) the carrying of a handgun on the person or in a vehicle while the person is transporting the handgun to or from the place of legal purchase or sale, or to or from a bona fide repair shop, or between bona fide residences of the person, or between the bona fide residence and place of business of the person, if the business is operated and owned substantially by the person if each handgun is unloaded and carried in an enclosed case or an enclosed holster;

(4) the wearing, carrying, or transporting by a person of a handgun used in connection with an organized military activity, a target shoot, formal or informal target practice, sport shooting event, hunting, a Department of Natural Resources-sponsored firearms and hunter safety class, trapping, or a dog obedience training class or show, while the person is engaged in, on the way to, or returning from that activity if each handgun is unloaded and carried in an enclosed case or an enclosed holster;

(5) the moving by a bona fide gun collector of part or all of the collector's gun collection from place to place for public or private exhibition if each handgun is unloaded and carried in an enclosed case or an enclosed holster;

(6) the wearing, carrying, or transporting of a handgun by a person on real estate that the person owns or leases or where the person resides or within the confines of a business establishment that the person owns or leases;

(7) the wearing, carrying, or transporting of a handgun by a supervisory employee:
(i) in the course of employment;
(ii) within the confines of the business establishment in which the supervisory employee is employed; and
(iii) when so authorized by the owner or manager of the business establishment; or

(8) the carrying or transporting of a signal pistol or other visual distress signal approved by the United States Coast Guard in a vessel on the waterways of the State or, if the signal pistol or other visual distress signal is unloaded and carried in an enclosed case, in a vehicle.

(c) (1) A person who violates this section is guilty of a misdemeanor and on conviction is subject to the penalties provided in this subsection.

(2) If the person has not previously been convicted under this section, § 4-204 of this subtitle, or § 4-101 or § 4-102 of this title:
(i) except as provided in item (ii) of this paragraph, the person is subject to imprisonment for not less than 30 days and not exceeding 3 years or a fine of not less than $250 and not exceeding $2,500 or both; or
(ii) if the person violates subsection (a)(1)(iii) of this section, the person shall be sentenced to imprisonment for not less than 90 days.

(3) (i) If the person has previously been convicted once under this section, § 4-204 of this subtitle, or § 4-101 or § 4-102 of this title:

1. except as provided in item 2 of this subparagraph, the person is subject to imprisonment for not less than 1 year and not exceeding 10 years; or

2. if the person violates subsection (a)(1)(iii) of this section, the person is subject to imprisonment for not less than 3 years and not exceeding 10 years.

(ii) The court may not impose less than the applicable minimum sentence provided under subparagraph (i) of this paragraph.

(4) (i) If the person has previously been convicted more than once under this section, § 4-204 of this subtitle, or § 4-101 or § 4-102 of this title, or of any combination of these crimes:

1. except as provided in item (2) of this subparagraph, the person is subject to imprisonment for not less than 3 years and not exceeding 10 years; or

2. A. if the person violates subsection (a)(1)(iii) of this section, the person is subject to imprisonment for not less than 5 years and not exceeding 10 years; or

B. if the person violates subsection (a)(1)(iv) of this section, the person is subject to imprisonment for not less than 5 years and not exceeding 10 years.

(ii) The court may not impose less than the applicable minimum sentence provided under subparagraph (i) of this paragraph

.........

So is it legal for having it in the Hotel room and according to section 4 above, legal to take to the dog show. I understand that traveling requires for gun and ammo to be carried separately. What local ordinances would I face in Baltimore?

Man you guys got it rough.
Thank you for any help in advance.

Section (b)(3) is what applies to your hotel question. You would be traveling between residences. A hotel is your legal (bona fide) residence while you're paying to stay there. Section (4) only applies when you bring your gun directly to/from the event.

If you bring the gun to the dog show, it should remain bagged (ideally with a lock) and unloaded within your vehicle, unless the property owner where the dog show is held gives you permission otherwise.

I'm not aware of any local ordinances in Baltimore that restrict what you're asking about.

Keep in mind that Maryland is not free America. No matter what MD code says, you're in a world of hurt if you get arrested for bringing a handgun to the dog show and you'll face an uphill battle proving in court that the law is on your side (as you interpret it).

I am not an attorney. I did find this discussion though (it is a bit dated).

http://www.mdshooters.com/showthread.php?t=4963

Paraphrasing a post:

In late 2005, this question was discussed on the now-defunct forum packing.org. One of the participants in that discussion called the Maryland State Police and was told by an officer that transporting a handgun to a hotel room would be illegal (without a carry permit) because a hotel room is not specifically listed as an approved distination in the statute. However, at my suggestion the inquirer subsequently submitted the question to Assistant Attorney General Mark Bowen, who by e-mail provided the response that I have pasted in below. Please note that Mr. Bowen's answer is now more than four years old, and it is possible that some court may have spoken to the issue more recently.

Mr. Bowen's 2005 email follows:

Dear Mr. Morrison:

I cannot provide you with a definitive answer as, to my knowledge, Maryland’s appellate courts have not addressed the issue of whether a hotel room is a bona fide residence for purposes of Maryland’s handgun transportation laws.

Mark H. Bowen
Assistant Attorney General

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I don't think the issue has been defined clearly, like many other things in this state. For what it is worth, I did find the tax definition (dated 2009):

http://taxes.marylandtaxes.com/Reso...es/Income_and_Estate_Tax_Releases/ar_it37.pdf

While I certainly would agree that it can be argued that a hotel room is a domicile (you do have rights against search and seizure in a hotel room), I'm not sure the state would agree in regards to carrying a handgun. Just my humble opinion. Again, I am not a lawyer.

WeiShen said:

http://www.mdshooters.com/showthread.php?t=4963

Paraphrasing a post:



I don't think the issue has been defined clearly, like many other things in this state. For what it is worth, I did find the tax definition (dated 2009):

http://taxes.marylandtaxes.com/Reso...es/Income_and_Estate_Tax_Releases/ar_it37.pdf

While I certainly would agree that it can be argued that a hotel room is a domicile (you do have rights against search and seizure in a hotel room), I'm not sure the state would agree in regards to carrying a handgun. Just my humble opinion. Again, I am not a lawyer.

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The state wouldn't reply back then (just like it won't reply now) because the state knew it was backed into a legal corner. Renting a hotel/motel room is no different than renting an apartment, condo, house, or one room in a house. It's a legal residence while the rent is being paid. If MD acknowledges the right against search and seizure minus warrant for the hotel/motel room renter, then all other enumerated natural rights automatically apply. MD is not free to pick and choose which enumerated natural rights are valid for legal residences, since MD being able to do so directly equates to MD residents having zero natural rights. What if I rent a hotel room for one night? How about one year? How about twenty years? If my rights somehow "change" at some point based on length of rental, exactly when is that? Exactly why and how is that and under what law? No doubt a few people will be along here to mental masturbate the argument in all kinds of crazy directions, the type of people hopelessly brainwashed by living in MD too long, where "law" is crafted in the courtroom by emotion, on the fly, and out of thin air.

Boom Boom said:

If MD acknowledges the right against search and seizure minus warrant for the hotel/motel room renter, then all other enumerated natural rights automatically apply. MD is not free to pick and choose which enumerated natural rights are valid for legal residences, since MD being able to do so directly equates to MD residents having zero natural rights.

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Completely agreed. Recognition of one should logically extend to recognition of all.

I have also seen people argue about hotels being "temporary lodging" vs "bona fide residence." One of those crazy directions you mentioned

So it sounds like it's agreed that I can legally transport my firearm to and from the Dog show, but only if I'm legally traveling between there and a domicile which a hotel room may or may not be.

Yes you can transport if "....if each handgun is unloaded and carried in an enclosed case or an enclosed holster;" you could then take it out of the case and load it while in your hotel room. If the police stop you in your travels for any other reason and discover you have a gun then the results will depend on that officers interpretation of the law, which may result in anything from a wish to have a good trip to the gun being confiscated and you fighting to get it back. There is also the question of what to do with the gun while you are not in your hotel room. I would be worried about leaving a gun unattended anywhere in Baltimore and if the dog show happens to be at a school or other venue that is a "Gun Free Zone" mere possession would be a problem.

Yes Maryland is not like the United States, we always expect the worst and often are not disappointed. There are other common guns that you can't bring to Maryland even to use in a shooting competition although they are legally owned where you live and commonly used in rifle competitions, based solely on the date you purchased them.

was the handgun purchased before or after oct 1 2013?

does renting a hotel room count as moving into state for it to be bona fide?

RaggedEdge said:

So it sounds like it's agreed that I can legally transport my firearm to and from the Dog show, but only if I'm legally traveling between there and a domicile which a hotel room may or may not be.

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Do you mean transporting the handgun on you while going from hotel to actual dog show and back? If so, for the love of everything holy, don't.

All I want is to be able to keep my gun loaded on my nightstand table when I'm occupying the hotel room.
When I leave the room I will separate gun and ammo with the gun in an enclosed case for transport only to the show or for the trip home.
If we go out for a bite to eat, I will leave gun locked in safe in room.

We have similar laws in PA about transporting a firearm when you do not have a License To Carry Firearms permit(LTCF). The only times you are allowed are to and from the gun range, gun shop, gunsmith, place of work (provided you are allowed), or alternative residence. We have open carry but only if your walking.

Your addition of "to dog training or shows" makes me believe I could legally have the gun in the vehicle seperate from ammunition since I do not wish to open carry. Obviously, concealed carry is out without your proper permit.

Since the hotel seems like a grey area, I quote the following, I'd rather be judged by twelve, than carried by six.

One more CYA question, if we are pulled over, are you a "shall inform" state like Ohio?
Thank you for your time and responses.

Jaybeez said:

was the handgun purchased before or after oct 1 2013?

does renting a hotel room count as moving into state for it to be bona fide?

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Not for the first 90 days