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Old May 3rd, 2010, 02:32 PM   #1
Biggie313
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Open carry in my yard

I know you do not need a permit to carry in your own property, and it does not say anything about concealed or open. Would I be 100% legal to open carry/conceal in my yard? Any possibility of getting charged with some bogus stuff like "Armed in Terror of the Public" the charge they gave that guy who was armed at the airport, or brandishing? What can I not do while openly carrying? Does it have to remain holstered? Can I handle it?
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Old May 3rd, 2010, 02:41 PM   #2
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I'm almost 100% positive you can. I just don't know if there are exceptions for people within city limits or in certain neighborhoods.
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Old May 3rd, 2010, 02:44 PM   #3
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OC/CC is legal on your property. If you OC, a neighbor could call the cops and say "there's a man with a gun outside!" and ruin your day, though. If your neighbors are the type to do such a thing, just conceal it.
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Old May 3rd, 2010, 02:44 PM   #4
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You can carry either concealed or open while on your property, I would not recommend you walk around "handling" the weapon as there would be no purpose for this. Keep the firearm holstered and you should have no issue's.
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Old May 3rd, 2010, 02:46 PM   #5
Biggie313
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so as long as its holstered I cant be charged with anything.
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Old May 3rd, 2010, 02:52 PM   #6
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so as long as its holstered I cant be charged with anything.
You mean convicted of anything. You could be charged with all sorts of things if a neighbor calls the police and the officer that arrives decides to give you a hard time...or if he/she does not know the law.

Disturbing the peace is a nice catch-all.

Concealed would be better in Marylandistan IMHO. Unless, of course, you want to make a statement about your right to carry on your own property, then have at it.

BTW, don't step one foot off your property while carrying even if the officer asks you to come over to his or her car.

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Old May 3rd, 2010, 02:53 PM   #7
Diesel Kinevel
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if you are on your property you can carry CC or OC. No crime. The hassle of dealing with LEO if you have nutcase neighbors not worth it. Just put a shirt on over your holster.

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Old May 3rd, 2010, 03:07 PM   #8
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Just wondering. I know my options on concealed, and I already have IWB for out-of state carry. But sometimes when I am just around the house I like to carry OWB also. Playing with the dog outside and what not. I am all for openly exercising my rights, but is not worth the hassle of having cops called i guess
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Old May 3rd, 2010, 03:08 PM   #9
Diesel Kinevel
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Just wondering. I know my options on concealed, and I already have IWB for out-of state carry. But sometimes when I am just around the house I like to carry OWB also. Playing with the dog outside and what not. I am all for openly exercising my rights, but is not worth the hassle of having cops called i guess
You are right about that. Just be smart about it. If you have neighbors that you aren't sure about (2A related) I would play it safe.

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Old May 3rd, 2010, 03:10 PM   #10
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What if you have an evil neighbor like mine and they call the police and make up $hit.


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Old May 3rd, 2010, 03:12 PM   #11
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Just wondering. I know my options on concealed, and I already have IWB for out-of state carry. But sometimes when I am just around the house I like to carry OWB also. Playing with the dog outside and what not. I am all for openly exercising my rights, but is not worth the hassle of having cops called i guess
What area do you live in?
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Old May 3rd, 2010, 03:15 PM   #12
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BTW, don't step one foot off your property while carrying even if the officer asks you to come over to his or her car.

Splitter
This needs to be repeated. You might also pay very close attention to where your property lines are. If you haven't had them professionally surveyed and marked, think twice. My property lines were several feet from where I thought they were. That could make the difference of heaven and hell in your case.
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Old May 3rd, 2010, 03:17 PM   #13
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Remember where you property line is. My property line starts 15 feet back from the curb. I have to cut the grass in that area, but it is a public right of way. Cross the line and your no longer on your property.
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Old May 3rd, 2010, 03:18 PM   #14
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Quote:
Originally Posted by Splitter
BTW, don't step one foot off your property while carrying even if the officer asks you to come over to his or her car.

Splitter
This needs to be repeated. You might also pay very close attention to where your property lines are. If you haven't had them professionally surveyed and marked, think twice. My property lines were several feet from where I thought they were. That could make the difference of heaven and hell in your case.
Yes, ask the cop to come and disarm you so you can come and speak to him.


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Old May 3rd, 2010, 03:26 PM   #15
Biggie313
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I live in Essex, on a dead end street. One of my neighbors is a cop, he seems pretty cool, I have even "made" him CCW's a few times when off duty. My other neighbor is a pen 15 and would probably call police. Oh and I do know where my property line is, just about my house not too long ago and had it surveyed. On that note, in the back of my yard, my aforementioned pen 15 neighbors fence is 5' onto my property.
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Old May 3rd, 2010, 03:33 PM   #16
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Remember, this is Maryland. If the police are called, they're most likely not going to pull up all calm and all, trying to figure out what's going on. You're going to be face down eating clover until the issue is straightened out. Keep it concealed.

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Old May 3rd, 2010, 03:35 PM   #17
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so as long as its holstered I cant be charged with anything.
I dunno. I've disagreed with Novus and some others about this. MD law allows localities to regulate guns in the zone within 100 yards of certain places like churches, parks, and schools. To me, this creates an ambiguity if your yard is within that "safety zone." For example, here is MoCO's law on that zone:
http://www.amlegal.com/montgomery_county_md/
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Sec. 57-11. Firearms in or near places of public assembly.

(a) A person must not sell, transfer, possess, or transport a handgun, rifle, or shotgun, or ammunition for these firearms, in or within 100 yards of a place of public assembly.

(b) This section does not:

(1) prohibit the teaching of firearms safety or other educational or sporting use in the areas described in subsection (a);

(2) apply to a law enforcement officer, or a security guard licensed to carry the firearm;

(3) apply to the possession of a firearm or ammunition in the personís own home;

(4) apply to the possession of one firearm, and ammunition for the firearm, at a business by either the owner or one authorized employee of the business;

(5) apply to the possession of a handgun by a person who has received a permit to carry the handgun under State law; or

(6) apply to separate ammunition or an unloaded firearm:

(A) transported in an enclosed case or in a locked firearms rack on a motor vehicle; or

(B) being surrendered in connection with a gun turn-in or similar program approved by a law enforcement agency. (. . . )
Notice how it says "in" the person's home. You should check your local laws.
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Old May 3rd, 2010, 04:14 PM   #18
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K-Rom, MD has state preemption of all firearms laws. Not to say that MoCo wouldn't charge someone anyway, but it's good to know nonetheless.
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Old May 3rd, 2010, 04:21 PM   #19
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Gawd, this is sad that in America we have even have to discuss these questions. Would a 1795 neighbor summon the police if he saw another neighbor walking around with a Kentucky long rifle on jis property? Sad, very sad.
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Old May 3rd, 2010, 04:27 PM   #20
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Good answer, K-Rom.
I would only ask the intended purpose of someone wanting to walk around their yard with a firearm hanging out. Not that anyone needs a reason to legally carry, it's just that I could imagine a neighbor, if so inclined, accusing the person of intimidation with a firearm, however that might translate into legal jargon. And in Maryland, I think such an accusation would fly in most circumstances.
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