Question regarding firearm possession/carry at work

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  • traveller

    The one with two L
    Nov 26, 2010
    18,259
    variable
    That's the handgun law. Is there a law that would keep you from carrying a shotgun while patrolling your junk-yard for copper thieves ?
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,394
    Westminster USA
    That's the handgun law. Is there a law that would keep you from carrying a shotgun while patrolling your junk-yard for copper thieves ?

    if your business is substantially outside, i would think the confines of that business would be property lines. but just my non legal opinion.
     

    Mark75H

    MD Wear&Carry Instructor
    Industry Partner
    MDS Supporter
    Sep 25, 2011
    17,173
    Outside the Gates
    That's the handgun law. Is there a law that would keep you from carrying a shotgun while patrolling your junk-yard for copper thieves ?

    Disturbing the peace and reckless engangerment are usually used to threaten otherwise law abiding citizens. General catch alls where something else doesn't apply.


    If there is not a heavy, locked gate fence, restriction signs and other security, its defintely going to be considered outside the business.
     

    traveller

    The one with two L
    Nov 26, 2010
    18,259
    variable
    Disturbing the peace and reckless engangerment are usually used to threaten otherwise law abiding citizens. General catch alls where something else doesn't apply.


    If there is not a heavy, locked gate fence, restriction signs and other security, its defintely going to be considered outside the business.

    Right, but the prohibition on carrying outside of the 'confines' is in handgun law. With a non-concealed long-gun, you should be able to walk your property line without that particular restriction.
     

    71Chevelle427

    Ultimate Member
    MDS Supporter
    Jan 19, 2015
    3,298
    B'More County, Maryland
    Can't you carry handgun or long gun on your own personal property outside? Like in your yard, or driveway, or whatever?

    If so, it's contradictory to not allow it out in your parking lot, of your business, or in the scenario of your workplace, as a supervisory employee with permission from owner of business and property.
     

    Mark75H

    MD Wear&Carry Instructor
    Industry Partner
    MDS Supporter
    Sep 25, 2011
    17,173
    Outside the Gates
    Correct, you SHOULD BE but its been discussed here over and over that Gansler's "but long gun open carry is legal in MD" excuse to exclude general handgun carry is bogus because long gun carriers are usually threatened or charged with disturbing the peace just the same.
     

    MikeTF

    Ultimate Member
    If you have a justifiable belief that your life could be threatened, protect yourself. You don't need to ask permission and you don't need to attempt to become a lawyer or consult one.

    It is a risk vs. reward analysis: is your life worth more than the small chance that you could be violating a very strict yet ambiguous MD law that is rarely enforced?

    Remember that there are felons in Baltimore that are concealed carrying and they shouldn't even be in possession of a firearm. The police cannot profile them. I doubt that they would profile you. They need probable cause.

    That said, you are on private property. MD law can only address 'transport', i.e. how you get a weapon to and from the private property. MD can only address property that is under it's jurisdiction (the roads between private property).

    Lend your employer your gun to transport it and then securely store it at the business, if for some reason doing so yourself doesn't coincide with MD's 'transport laws'.

    What you and your employer do at his business is up to your employer. I don't believe that there is a CCW permit requirement on private property, be it yours, a friend's, a neighbor's, or your employer's.

    Let's not confuse transport law with private property rights.
     

    traveller

    The one with two L
    Nov 26, 2010
    18,259
    variable
    If you have a justifiable belief that your life could be threatened, protect yourself. You don't need to ask permission and you don't need to attempt to become a lawyer or consult one.

    It is a risk vs. reward analysis: is your life worth more than the small chance that you could be violating a very strict yet ambiguous MD law that is rarely enforced?

    Remember that there are felons in Baltimore that are concealed carrying and they shouldn't even be in possession of a firearm. The police cannot profile them. I doubt that they would profile you. They need probable cause.

    That said, you are on private property. MD law can only address 'transport', i.e. how you get a weapon to and from the private property. MD can only address property that is under it's jurisdiction (the roads between private property).

    Lend your employer your gun to transport it and then securely store it at the business, if for some reason doing so yourself doesn't coincide with MD's 'transport laws'.

    What you and your employer do at his business is up to your employer. I don't believe that there is a CCW permit requirement on private property, be it yours, a friend's, a neighbor's, or your employer's.

    Let's not confuse transport law with private property rights.

    Please dont give people internet legal advice without at least reading through the thread including the links to relevant case law.
     

    traveller

    The one with two L
    Nov 26, 2010
    18,259
    variable
    Correct, you SHOULD BE but its been discussed here over and over that Gansler's "but long gun open carry is legal in MD" excuse to exclude general handgun carry is bogus because long gun carriers are usually threatened or charged with disturbing the peace just the same.

    I am not talking about carrying a shotgun outside of the real estate owned and controlled by a business.

    The law that uses the term 'confines' applies to handguns.
     

    traveller

    The one with two L
    Nov 26, 2010
    18,259
    variable
    I am not a lawyer. I am not giving anyone advice. I've clearly stated that if one thinks their life is in danger they should protect themselves.

    This is what you said:

    What you and your employer do at his business is up to your employer. I don't believe that there is a CCW permit requirement on private property, be it yours, a friend's, a neighbor's, or your employer's.

    Someone quoted Blue vs. PG County and according to that, what you do on a business property is NOT up to the employer. There is a narrow exemption for the carrying of a handgun on business property and anyone who wants to do this needs to know the limits of that exemption.


    A couple of years ago, a pakistani clerk at a one of those Dunkin/Gas station combos in PG offed an armed robber in the parking lot. He was not charged with any offenses relating to the defensive gun use.
     

    MikeTF

    Ultimate Member
    This is what you said:



    Someone quoted Blue vs. PG County and according to that, what you do on a business property is NOT up to the employer. There is a narrow exemption for the carrying of a handgun on business property and anyone who wants to do this needs to know the limits of that exemption.


    A couple of years ago, a pakistani clerk at a one of those Dunkin/Gas station combos in PG offed an armed robber in the parking lot. He was not charged with any offenses relating to the defensive gun use.
    That's not legal advice and the quote is taken out of context. It was preceded by:

    It is a risk vs. reward analysis: is your life worth more than the small chance that you could be violating a very strict yet ambiguous MD law that is rarely enforced?

    I think I'm being clear that one could be violating 'the (ambiguous) law' and the many interpretations associated with it, if you look at what I said in context.
     

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