Carrying a handgun on apartment property?

matt · Aug 20, 2014

lx1x said:
they have protection and full rights. but if they cant follow the md law they cant exercise it.

True- under maryland law- that individual is "effectively forbidden" by (IMO) what then becomes an unconstitutional law. Because it is effectively making it a requirement to have a "fixed address" to exercise a COTUS right. I doubt that would pass any level of scrutiny. (Assuming yet again its not a political hack judge interpretation of the law)

Edit: I already think it's a unconstitutional law, but that's not the argument here.

SRD · Aug 20, 2014

I'd like to see the AG's "opinion" on this (not the apartment,but the homeless aspect) could get interesting.

lx1x · Aug 20, 2014

SRD said:
I'd like to see the AG's "opinion" on this (not the apartment,but the homeless aspect) could get interesting.

yeah.. it will be an interesting subject its own.

AntiGun · Aug 20, 2014

SRD said:
I'd like to see the AG's "opinion" on this (not the apartment,but the homeless aspect) could get interesting.

The homeless can open carry long guns?

That would certainly make road side begging more interesting.

matt · Aug 20, 2014

SRD said:
I'd like to see the AG's "opinion" on this (not the apartment,but the homeless aspect) could get interesting.

Any legal eagles want to draft up the question for opinion from the AG's office?

And if it were to be a 2a favorable opinion- it would really open the door further litigation on handguns outside the "home" and equal protection.

SRD · Aug 20, 2014

Just sent this to the AG office:

Recently I was asked what a person should do with a firearm should they become homeless.Could you please tell me what their options are.This is in reference to a handgun only, since open long gun carry is legal in Md.

matt · Aug 20, 2014

SRD said:
Just sent this to the AG office:

Recently I was asked what a person should do with a firearm should they become homeless.Could you please tell me what their options are.This is in reference to a handgun only, since open long gun carry is legal in Md.

Thank you!

OP -sorry about the thread hijack; however the answer was provided earlier. Mods- want to move the Off topic posts to a new thread "Homelessness and Handguns in MD"
1x- thanks for the dialog.
SRD- thanks for the AG inquiry.

swinokur · Aug 20, 2014

The AG will not issue an opinion unless the request comes from a member of the GA.

Being a citizen isn't good enough.

SRD · Aug 20, 2014

swinokur said:
The AG will not issue an opinion unless the request comes from a member of the GA.

Being a citizen isn't good enough.

http://www.mdshooters.com/showpost.php?p=3344833&postcount=37

This was a query I sent before and received a response.(enclosed holster).

swinokur · Aug 20, 2014

you are the exception then. The other one was sent to a senator

SRD · Aug 20, 2014

swinokur said:
you are the exception then. The other one was sent to a senator

Didn't open the other link you posted but assume it's the Kittleman response.If you don't ask,you'll never get answer.That is not directed towards you in any way,just a statement.When I asked about the enclosed holster/ case I never expected a response but the response I received was not what I expected either.IMO the opinion was better then what you/I would have assumed the answer would be.

swinokur · Aug 20, 2014

agreed.

It was the Kittleman letter

Dmacri25 · Aug 20, 2014

I don't carry outside my condo, I do clean them on the balcony. I've seen cop drive by and I wave. Never had an issue.

iobidder · Aug 20, 2014

Dmacri25 said:
I don't carry outside my condo, I do clean them on the balcony. I've seen cop drive by and I wave. Never had an issue.

Did you wave your gun back?

bobbygege · Aug 21, 2014

Thanks to all for your input.

The following sounds like it would be legal to carry on the grounds of my apartment complex.
CARRYING AND TRANSPORTATION IN VEHICLES
It is unlawful for any person without a permit to wear or carry a handgun, openly or concealed, upon or about his person. It is also unlawful for any person to knowingly transport a handgun in any vehicle traveling on public roads, highways, waterways or airways, or upon roads or parking lots generally used by the public. This does not apply to any person wearing, carrying or transporting a handgun within the confines of real estate owned or leased by him, or on which he resides, or within the confines of a business establishment owned or leased by him.
http://www.nraila.org/gun-laws/state-laws/maryland.aspx

BradMacc82 · Aug 21, 2014

Consult an attorney that's versed in firearms laws/statutes, please.

Cause if you get it wrong, it's going to cost you.

smokey · Aug 21, 2014

bobbygege said:
Thanks to all for your input.

The following sounds like it would be legal to carry on the grounds of my apartment complex.
CARRYING AND TRANSPORTATION IN VEHICLES
It is unlawful for any person without a permit to wear or carry a handgun, openly or concealed, upon or about his person. It is also unlawful for any person to knowingly transport a handgun in any vehicle traveling on public roads, highways, waterways or airways, or upon roads or parking lots generally used by the public. This does not apply to any person wearing, carrying or transporting a handgun within the confines of real estate owned or leased by him, or on which he resides, or within the confines of a business establishment owned or leased by him.
http://www.nraila.org/gun-laws/state-laws/maryland.aspx

When you're home in your apartment(the property you're leasing), feel free to strap on a gun and carry to heart's content. In the common areas, you'll get busted. Theoretically, it's legal to carry a long gun for defense in md. If you're interested in being a test-case for something, that has a better shot.

bobbygege · Aug 21, 2014

smokey0118 said:
When you're home in your apartment(the property you're leasing), feel free to strap on a gun and carry to heart's content. In the common areas, you'll get busted. Theoretically, it's legal to carry a long gun for defense in md. If you're interested in being a test-case for something, that has a better shot.

My mailbox is in the lobby.
Does this mean leaving my apartment to get my mail with a handgun strapped on is illegal?

iobidder · Aug 21, 2014

bobbygege said:
My mailbox is in the lobby.

Does this mean leaving my apartment to get my mail with a handgun strapped on is illegal?

If it is a common area where other tenants can gain access and there is no agreement between you and the management company to allow you to carry a firearm, it would be ill advised for you to do so, therefore illegal. I'm not a lawyer.

Blaster229 · Aug 21, 2014

bobbygege said:
My mailbox is in the lobby.
Does this mean leaving my apartment to get my mail with a handgun strapped on is illegal?

So are other resident's mailboxes in the lobby. That's a common area. You don't pay to have exclusive rights there. Other people use it too. So in effect, it's a public place not your residence. Your apt/residence is a small portion on that community land.

Carrying a handgun on apartment property?

The #1 community for Gun Owners of the Northeast

Member Benefits:

No one special

R.I.P.

Peanut Gallery

.

No one special

R.I.P.

No one special

In a State of Bliss

R.I.P.

In a State of Bliss

R.I.P.

In a State of Bliss

Ultimate Member

1 point'er

Member

Ultimate Member

2A TEACHER

Member

1 point'er

God loves you, I don't.

Users who are viewing this thread

Log in

Forum statistics