Maryland local firearms laws that existed before 1/1/1985

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  • swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,454
    Westminster USA
    Legal in Mo Co? probably not.
     

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    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,454
    Westminster USA
    So I see an exemption for permit holders at public assembly but nothing for regular carry. Is this correct? Is regular carry prohibited even for permit holders? I need to be on a lawful mission? Isn't self defense a lawful mission?
     

    esqappellate

    President, MSI
    Feb 12, 2012
    7,408
    So I see an exemption for permit holders at public assembly but nothing for regular carry. Is this correct? Is regular carry prohibited even for permit holders? I need to be on a lawful mission? Isn't self defense a lawful mission?

    The ban only applies to handguns designed for explosive ammo. That is an undefined term but it can't mean all handguns. See above
     

    cad68m_m

    Member MSI, SAF, NRA
    Nov 26, 2011
    311
    Calvert
    So what is with the people of Montgomery County that they need all these extra laws to keep them in line? Glad I left Moco in 1977 for Calvert
     

    Merlin

    Ultimate Member
    Dec 31, 2009
    3,953
    Carroll County, Maryland

    Merlin

    Ultimate Member
    Dec 31, 2009
    3,953
    Carroll County, Maryland
    Saint Marys County Code:

    Ch. 317 of 1985, adding § 268C to Article 27 of the Annotated Code, provided that in St. Mary's County a person may not engage in target practice with or discharge a gun or weapon on certain lands without first obtaining written permission of specific individuals; provided that violation of said Act is a misdemeanor; and provided certain penalties on conviction of a violation of said Act.

    http://library.municode.com/index.aspx?clientID=14466&stateID=20&statename=Maryland

    Who would the "specific individuals" be, land owner maybe?
     

    Broadside

    Active Member
    Mar 20, 2012
    305
    Virginia
    Can anyone explain the meaning of this part of the MoCo Code:

    Montgomery County:
    Sec. 57-5. Discharge of guns outside the urban area.
    (a) Prohibition. Except as provided in subsection (c)(1) through (c)(6), outside the urban area, a person, other than a peace officer or employee of the Maryland Department of Natural Resources performing official duties, must not:

    (1) discharge a gun:

    (A) onto, across, or within 50 yards of a public road;

    (B) onto or across property located within 50 yards of a public road;

    (C) into or within the safety zone (150 yards of a building or camp designed for human occupancy) without the owner or occupant's written consent; or

    (C) from, onto, or across public or private property without the owner or occupant's written consent;

    (2) discharge a full metal jacketed bullet of any caliber from a gun; or

    (3) except as provided in subsection (b), discharge any fixed ammunition of a caliber higher than .25 caliber from a rifle or pistol.

    (b) Exception - High Caliber Ammunition. A person may discharge fixed ammunition of a caliber higher than .25 from a rifle or pistol at:

    (A) legal game or varmints on the ground; or

    (B) a target on or near the ground that will not deflect a bullet.

    (c) Other Exceptions. Except as provided in Sections 57-7 and 57-11, a person may discharge a gun:

    (1) on any indoor or outdoor target, trap, skeet, or shooting range that the Firearm Safety Committee has inspected and approved in writing;

    (2) in a private basement or cellar target range;

    (3) when necessary to protect life or property;

    (4) to kill a dangerous animal;

    (5) for discharge of blank cartridges in musical and theatrical performances, parades, or sporting events;

    (6) for salutes by firing squads at military funerals; or

    (7) under a deer damage control permit issued by the Maryland Department of Natural Resources. (1981 L.M.C., ch. 42, § 1; CY 1991 L.M.C., ch. 21, § 1; 1997 L.M.C., ch. 14, §1; 2001 L.M.C., ch.11, § 1; 2005 L.M.C., ch. 24, § 1; 2007 L.M.C., ch. 21, § 1.)

    Why do they call out ammo larger than .25 caliber? Are they saying that you can only hunt with ammo larger than .25 caliber? Does this mean that you can't hunt in MoCo County with .223? Or, does it mean that I should go buy a Beretta Tomcat for concealed carry in MoCo?
     

    Swaged

    Member
    May 30, 2011
    64
    North of North Laurel
    Here is the whole section. Note the reference to has been licensed by the state in 57-10 and 57-11 which expressly exempts from its coverage permit holders. Note as well that the bar in 57-10 applies to "any gun designed to use explosive
    ammunition'
    Now, I assume that most handguns are not designed to use "explosive ammunition" But please correct me if I am wrong...

    I remember late 70's, early 80's, there were .357 SWC on sale tipped with small pistol primers. I know they were at MSAR when they were inside the beltway, and I think On Target sold them back then also.

    Was that considered "explosive ammunition" ?

    Tim
     
    Last edited:

    Inigoes

    Head'n for the hills
    MDS Supporter
    Dec 21, 2008
    49,522
    SoMD / West PA
    Walkersville, MD

    http://www.walkersville-md.com/Town Code/2012 Town Code.pdf

    Chapter 33

    HUNTING AND FIREARMS

    § 33-1. Hunting of Game.
    § 33-2. Discharge of Firearm or Weapon; Carrying of Loaded Weapon.
    § 33-3. Exemptions.
    § 33-4. Seizure of Weapons Used in Violation.
    § 33-5. Intent and Purpose.
    § 33-6. Violations and Penalties.

    [HISTORY: Adopted by the Burgess and Commissioners of the Town of
    Walkersville 5-21-75. Amendments noted where applicable.]

    § 33-1. Hunting of Game.
    A. It shall be unlawful for any person to hunt for, catch, take, wound or
    kill game of any kind through the use of a pistol, revolver, bow and
    arrow, slingshot, shotgun, gun or any firearm or weapon from which
    a shot or other object is discharged within the Town of Walkersville
    or on town-owned property outside of town limits.
    B. The term “game,” as used in this chapter, shall mean and include all
    wild birds and wild animals, whether protected or unprotected under
    the game laws of the state, found in a wild state.

    § 33-2. Discharge of Firearm or Weapon; Carrying of Loaded Weapon.
    A. It shall be unlawful to discharge a rifle, air rifle or air gun of any kind
    and description which impels with force a pellet of any kind or to
    discharge a bow and arrow, slingshot, shotgun, gun or any firearm or
    weapon from which a shot or other object is discharged within the
    Town of Walkersville or on town-owned property outside of town
    limits.
    B. It shall be unlawful to carry, within the boundaries of the Town of
    Walkersville or on town-owned property outside of town limits, a gun
    loaded with shell or cartridge.
    [Added 4-14-82].

    § 33-3. Exemptions.
    The provisions of this chapter shall not apply to:
    A. Properly authorized law enforcement officers or town employees
    acting in their line of duty or in training. [Ordinance 98-15, adopted 9-
    9-98]

    §33 WALKERSVILLE CODE §33
    -3302-
    B. The members of duly organized gun, rifle or archery clubs, or their
    bona fide guests, or of military organizations of the United States or
    Maryland government, upon the ranges of such clubs or
    organizations, under the control and supervision of the duly
    constituted officers of such clubs and organizations. [Amended 9-
    12-01 by Ord. 2001-07]
    C. The patrons of commercial ranges.
    D. Those persons in possession of permits issued by the town for
    hunting on town-owned property outside of town limits.
    E. Agriculturally zoned land. [Added 3-24-79].
    F. The use of blank firing weapons and devices for the purposes of reenactment
    activities, military funeral details, or other activities, which
    have been authorized by the Burgess and Commissioners of the
    Town of Walkersville. [Added 9-12-01 by Ord. 2001-07]
    G. The carrying of weapons under the provisions of the State of
    Maryland Handgun Permit. [Added 9-12-01 by Ord. 2001-07]
    H. Authorized State of Maryland Hunter Safety, Firearms Safety, or Bow
    Safety courses or instruction as sponsored by the Department of
    Natural Resources. [Added 9-12-01 by Ord. 2001-07]

    § 33-4. Seizure of Weapons Used in Violation.
    Authorized enforcing agents are hereby authorized to seize and retain any rifle,
    air rifle or air gun of any description, or ammunition or pellets for the same, or
    any bow and arrows, slingshots, shotguns, guns or any firearm or weapon from
    which a shot or other object is discharged which shall be used, discharged or
    possessed within the town or on town-owned property outside of town limits in
    violation of this chapter.

    § 33-5. Intent and Purpose.
    It is the intent and purpose of this chapter that the killing of game or vermin of
    any kind through the use of a rifle, air rifle, air fun or bow and arrow, slingshot,
    shotgun, gun or any firearm or weapon from which a shot or other object is
    discharged shall be unlawful.

    § 33-6. Violations and Penalties.
    Any person violating any of the provisions of this chapter shall, upon conviction,
    be guilty of a misdemeanor and shall be punished as provided in the Charter of
    the Town of Walkersville.1
     

    Brooklyn

    I stand with John Locke.
    Jan 20, 2013
    13,095
    Plan D? Not worth the hassle.
    After reading the AG's response to the questions we put forth for long gun carry. The AG's office mentioned any firearms laws that were enacted before 1/1/1985 are not preempted by State law.

    What laws/ordinances by local governments exist today, that were enacted before 1/1/1985?

    A resource that might have your local area:
    http://www.municode.com/library/ClientListing.aspx?stateID=20

    Does this make sense to anyone?. I mean the idea that prior code is still good..

    It would seem to violate the clear legislative intent .... to prevent a Hogpoge of regulations .....


    ????
     

    Inigoes

    Head'n for the hills
    MDS Supporter
    Dec 21, 2008
    49,522
    SoMD / West PA
    Does this make sense to anyone?. I mean the idea that prior code is still good..

    It would seem to violate the clear legislative intent .... to prevent a Hogpoge of regulations .....


    ????

    It's called grandfathering, which is a double edged sword
     

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