My point was if you are engaged in an allowed activity, there is no specific language prohibiting a stop, ie gas, food, etc.
Carrying to business without permit
- Thread starter Dmacri25
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esqappellate
President, MSI
- Feb 12, 2012
- 7,408
I get that. The ambiguity arises from the language: If you are stopping to shop, are you actually engaged in the allowed activity, especially in light of the otherwise very broad prohibition on any carrying or transport for the purpose of shopping. Recall, the burden is on you to satisfy the statutory exception. I, for one, have no desire to try and persuade a judge and a jury on this point.
how about getting fuel? that is also a stop by definition. Are no stops permitted?
the ambiguity could hurt or perhaps help you could it not?
the ambiguity could hurt or perhaps help you could it not?
There is no language in 4-203 to support your claim. The word "directly" is not there.
This was my point. although maybe not a wise choice, it isn't specifically prohibited while engaged in an allowed activity.
Yep, I would not wonder to far from the path of the exemption that one is operating under.
Like stopping to buy ammo, targets, grab some grub, or get gas.
I suppose you could make the case that by getting fuel, you might prevent yourself from being stranded with a firearm on a public road.
certainly a worthwhile goal.
certainly a worthwhile goal.
Remember that there was a member here that got his handgun stollen from his car at his work? (I believe this was way over then stopping for gas or food)
He was transporting to shoot at the range during lunch. He was not charged for said violation when he called the cops to report it stolen.(I don't think he did)
Under 4-203, transporting a handgun directly from home to the range is permissible. If you were to add a stop at Walmart along the way, is it considered a single transport from home to the range, albeit with a stop at Walmart, or, are you considered to be transporting the handgun twice, the first time from home to Walmart, and the second from Walmart to the range? If viewed this way, since Walmart is not on the list of approved locations, there may be legal trouble. Semantics, I know, but this is the lens through which actions are viewed.
I have to stop fill-up up my gas tank, whenever I go to a shoot on the eastern shore or western MD.
I have to stop fill-up up my gas tank, and buy food, whenever I travel between my homes.
Am I going by the route of Missouri to get there? No.
I have to stop fill-up up my gas tank, and buy food, whenever I travel between my homes.
Am I going by the route of Missouri to get there? No.
See if you get a Prius..you don't have to..
See if you get a Prius..you don't have to..
50 cal mounted on a Prius, GENIUS!!
It would be a BAR
aquaman
Ultimate Member
why not just leave the gun at work locked up....
If you are the owner or a supervisor and have owners permission.. Sure.
T-Man
Ultimate Member
It's the insanity of Maryland law -- there is no definition of what transporting means and yet its possible that you could be charged for going outside of the definition of transporting as set out in the statute.
I would argue that transporting would be to and fro with reasonable stops in between - gas, food, etc -- but wouldn't push it, but frankly we have no idea what it actually means.
esqappellate
President, MSI
- Feb 12, 2012
- 7,408
I don't know of that case. I would say that it would lie in the discretion of the arresting officer and the discretion of the State's Attorney. I don't trust my fate to the discretion of someone I don't know and who may hate guns. Stopping for gas might be shrugged at, especially if the gun was unloaded and in the trunk and NOT on your person. Stopping to shop at Wallie World? Maybe not. Almost certainly not if you are wearing it inside, unloaded or not. The more attenuated the connection between the permitted purpose and the actual activity the more risk you run.
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esqappellate
President, MSI
- Feb 12, 2012
- 7,408
Ambiguity just gives the prosecution something to argue, if he so chooses. You can invoke the Rule of Lenity but that is a last gasp defense and you are already deep in the rabbit hole at that point. It does work, but rarely.
I agree..
I personally don't stop anywhere myself unless its a must/emergency/long distance drive.
Have you heard any case though on such? Violation during transport?
Only read couple but that's loaded and on the person while driving (wv ppl../driving through MD)
esqappellate
President, MSI
- Feb 12, 2012
- 7,408
People get arrested all the time for this (having a handgun in the car or on their person, loaded and unloaded) but I know of no reported case involving these sorts of questions, e.g., stopping to shop. That doesn't mean much, as these arrests are not required to be published in a searchable manner. The one case that really stands out to me is that reported in the McDaniel case. Really good reading on this subject for general principles.
