- Feb 4, 2013
- 28,175
Provided it was on the books before Dec 31, 1984.
And on this, we agree.[/QUOTE]
If after Dec 31, 1984, the State law prevents the local gov from enacting a law the contradicts the State law.
Open carry on your own property in PG County Laurel
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Provided it was on the books before Dec 31, 1984.
And on this, we agree.[/QUOTE]
If after Dec 31, 1984, the State law prevents the local gov from enacting a law the contradicts the State law.
- Feb 4, 2013
- 28,175
PapiBarcelona
Ultimate Member
- Jan 1, 2011
- 7,359
Why don't you two start your own thread?
Correct.
Absolutely
Abulg1972
Ultimate Member
Why don't you two start your own thread?
DBAD
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Abulg1972
Ultimate Member
This really is an easy one.
As a basic starting point, you must understand what preemption is and does. When the State "preempts" a field of law, it has reserved for itself, exclusively, that field of law. Preemption has two effects: (i) it prohibits a locality from adopting or enforcing any law that attempts to regulate the activities that are within the subject of the preempted field; and (ii) it nullifies and renders unenforceable any existing local law that regulates the activities that are within the scope of the preempted field.
Section 4-209 of the Criminal Law Article does three things.
1. "except as otherwise provided in this section", it provides for the preemption of the entire field of the regulation of the purchase, sale, taxation, transfer, manufacture, repair, ownership, possession, and transportation of (a) a handgun, rifle or shotgun, and (b) ammunition for and components of a handgun, rifle or shotgun. This is Section 2-409(a).
2. It provides four exceptions to the field preemption - this is the "except as otherwise provided in this section" part. These exceptions are found in 2-409(b)(1)(i), (ii) and (iii) and in 2-409(d). Specifically:
(a) It allows a locality to regulate the purchase, sale, taxation, transfer, manufacture, repair, ownership, possession, and transportation of a handgun, rifle or shotgun, and ammunition for and components of a handgun, rifle or shotgun, "with respect to minors;"
(b) It allows a locality to regulate the purchase, sale, taxation, transfer, manufacture, repair, ownership, possession, and transportation of a handgun, rifle or shotgun, and ammunition for and components of a handgun, rifle or shotgun, "with respect to law enforcement officials of the subdivision;"
(c) It allows a locality to regulate the purchase, sale, taxation, transfer, manufacture, repair, ownership, possession, and transportation of a handgun, rifle or shotgun, and ammunition for and components of a handgun, rifle or shotgun, "within 100 yards of or in a park, church, school, public building, and other place of public assembly" (subject to certain exceptions); and
(d) It allows a locality to regulate the discharge of handguns, rifles and shotguns (except at established ranges) provided that the regulation is "in accordance with law".
That's it. If a local law does anything more than address one of those 4 areas, it doesn't exist and it isn't enforceable.
3. It grandfathers certain existing local laws from the preemptive effect of Section 2-409(a) (i.e., the effect of being nullified). This is found in 2-409(c). Paragraph (c) is poorly worded, but it does not say or mean, "any local law that existed on or before December 31, 1984 is grandfathered and remains in full force and effect." No, it says, "To the extent that a local law does not create an inconsistency with this section or expand existing regulatory control, a county . . . may exercise its existing authority to amend any local law that existed on or before December 31, 1984." Read literally, this paragraph contemplates only the power to amend an existing law, but I believe a court would say that the continued authority of the locality to enforce such a law is implicit in the text and also contemplated by paragraph (c) (It would make no sense to allow a locality to amend a law but not enforce it. That wouldn't be a reasonable interpretation.) Paragraph (c) means this - if an existing local law is inconsistent with Section 2-409 on Day 1 (i.e., if its scope exceeds the four specific areas authorized for local regulation), then it's gone. If an amendment to an otherwise consistent law makes that law inconsistent, then the amendment is invalid.
A county ordinance that regulates the purchase or sale of ammunition - unless it relates exclusively to purchases by/sales to minors - was killed, nullified, etc. the second that Section 2-409 became effective. A county ordinance that prohibits you from possessing a handgun on your property - unless it's because you live within 100 yards of a park, church, school, public building, or other place of public assembly - was killed, nullified, etc. the second that Section 2-409 became effective.
*These are my personal views/thoughts and you should not consider them, and they are not, legal opinions. Get your own damn lawyer before you ship ammunition to MoCo or walk around your 40 acres with a pistol on your hip.
As a basic starting point, you must understand what preemption is and does. When the State "preempts" a field of law, it has reserved for itself, exclusively, that field of law. Preemption has two effects: (i) it prohibits a locality from adopting or enforcing any law that attempts to regulate the activities that are within the subject of the preempted field; and (ii) it nullifies and renders unenforceable any existing local law that regulates the activities that are within the scope of the preempted field.
Section 4-209 of the Criminal Law Article does three things.
1. "except as otherwise provided in this section", it provides for the preemption of the entire field of the regulation of the purchase, sale, taxation, transfer, manufacture, repair, ownership, possession, and transportation of (a) a handgun, rifle or shotgun, and (b) ammunition for and components of a handgun, rifle or shotgun. This is Section 2-409(a).
2. It provides four exceptions to the field preemption - this is the "except as otherwise provided in this section" part. These exceptions are found in 2-409(b)(1)(i), (ii) and (iii) and in 2-409(d). Specifically:
(a) It allows a locality to regulate the purchase, sale, taxation, transfer, manufacture, repair, ownership, possession, and transportation of a handgun, rifle or shotgun, and ammunition for and components of a handgun, rifle or shotgun, "with respect to minors;"
(b) It allows a locality to regulate the purchase, sale, taxation, transfer, manufacture, repair, ownership, possession, and transportation of a handgun, rifle or shotgun, and ammunition for and components of a handgun, rifle or shotgun, "with respect to law enforcement officials of the subdivision;"
(c) It allows a locality to regulate the purchase, sale, taxation, transfer, manufacture, repair, ownership, possession, and transportation of a handgun, rifle or shotgun, and ammunition for and components of a handgun, rifle or shotgun, "within 100 yards of or in a park, church, school, public building, and other place of public assembly" (subject to certain exceptions); and
(d) It allows a locality to regulate the discharge of handguns, rifles and shotguns (except at established ranges) provided that the regulation is "in accordance with law".
That's it. If a local law does anything more than address one of those 4 areas, it doesn't exist and it isn't enforceable.
3. It grandfathers certain existing local laws from the preemptive effect of Section 2-409(a) (i.e., the effect of being nullified). This is found in 2-409(c). Paragraph (c) is poorly worded, but it does not say or mean, "any local law that existed on or before December 31, 1984 is grandfathered and remains in full force and effect." No, it says, "To the extent that a local law does not create an inconsistency with this section or expand existing regulatory control, a county . . . may exercise its existing authority to amend any local law that existed on or before December 31, 1984." Read literally, this paragraph contemplates only the power to amend an existing law, but I believe a court would say that the continued authority of the locality to enforce such a law is implicit in the text and also contemplated by paragraph (c) (It would make no sense to allow a locality to amend a law but not enforce it. That wouldn't be a reasonable interpretation.) Paragraph (c) means this - if an existing local law is inconsistent with Section 2-409 on Day 1 (i.e., if its scope exceeds the four specific areas authorized for local regulation), then it's gone. If an amendment to an otherwise consistent law makes that law inconsistent, then the amendment is invalid.
A county ordinance that regulates the purchase or sale of ammunition - unless it relates exclusively to purchases by/sales to minors - was killed, nullified, etc. the second that Section 2-409 became effective. A county ordinance that prohibits you from possessing a handgun on your property - unless it's because you live within 100 yards of a park, church, school, public building, or other place of public assembly - was killed, nullified, etc. the second that Section 2-409 became effective.
*These are my personal views/thoughts and you should not consider them, and they are not, legal opinions. Get your own damn lawyer before you ship ammunition to MoCo or walk around your 40 acres with a pistol on your hip.
Last edited:
Seeker
Seeker of Truth
Not at all. I wasn't attempting to "join the action". I was only outside a total of about 10 minutes out of a multi-hour event. And at that point, the helicopter had moved on so I had less expectation of danger, but enough that I still kept my firearm on me.
Actually, I did not say I wanted contact by an officer. I told them all the info I had and expected them to simply contact the officers that were already in the area of the park across the street.
It shouldn't matter to officers if a person is legally carrying. That's part of the mindset we need to change in this state.
The implication being that you think I'm simply a busybody who calls the police for every little thing? First, I only call 911 when I believe police response is warranted. Second, people who choose to live in a bubble and not call if they have potential info on a possible crime are a major problem.
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