Carrying on private property

[BigWilly]

So I had a neighbor I was collecting newspapers for while they were away. They returned today so I walked them over to them and had a thought. I have been wearing my holster and pistol while working from home to mold the holster to me while waiting for my HGP. I live in Baltimore County in a row home and most of my neighbors don't have fences for their front yard. Our front yards are roughly 15 feet long. So if i walked across my yard directly to my neighbors while CCWing am I breaking law as I never left private property? If not then what about walking across 3 neighbors yards. Without ever stepping foot on public property. Assuming no trespassing issues as am friendly with most of the neighbors. Not that I plan to do it but curious from a legal perspective.

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[Bertfish]

You left your private property

 

[HappyCamper]

There is no such thing as private property. As long as you owe indefinite tax on it, it belong to the Gubmnit.

 

[BigWilly]

You left your private property

Yes Sir but as I did not go on public property, would I be breaking the law CCWing?

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[BigWilly]

There is no such thing as private property. As long as you owe indefinite tax on it, it belong to the Gubmnit.

Technically it do belong to the Bank. Lol

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[308Scout]

You're good as long as your neighbors are good with it on their property. Not hearing anything about a neighboring Karen throwing a hissy fit and trespassing you.

Strike that, just realized that permit is not in play yet. No idea in that case.

 

[BigWilly]

You're good as long as your neighbors are good with it on their property. Not hearing anything about a neighboring Karen throwing a hissy fit and trespassing you.

Strike that, just realized that permit is not in play yet. No idea in that case.

Yea, I can't find anything. Another question is does the property owner have to give express permission or is it assumed?

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[Burt Hammersmith]

There is no such thing as private property. As long as you owe indefinite tax on it, it belong to the Gubmnit.

Yeah… this is a real issue people easily overlook.

 

[dblas]

Yes Sir but as I did not go on public property, would I be breaking the law CCWing?

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Yes, You broke the law, unless you had permission from your neighbor.
No need for a permit to carry on YOUR property, any place else you either need permission or a permit (Permission)

 

[Vernon James]

Careful now.

Maryland Code, Criminal Law § 4-203 says in part:

https://codes.findlaw.com/md/criminal-law/md-code-crim-law-sect-4-203.html

“(a)(1) Except as provided in subsection (b) of this section, a person may not:

(i) wear, carry, or transport a handgun, whether concealed or open, on or about the person…….”

If you click on the link to the statute, nowhere does it list a neighbor’s property as an exception in part (b). Also, nowhere does it list permission from the property owner as an exception.

It seems to me that it is a violation of § 4-203 to carry a loaded handgun next door without a permit, regardless of if it’s ok with your neighbor or not. Your neighbor does not have authority to allow you to violate the statute.

Obviously, the chances of being prosecuted for such a violation are very low.

Am I missing something?

 

[dblas]

Careful now.

Maryland Code, Criminal Law § 4-203 says in part:

https://codes.findlaw.com/md/criminal-law/md-code-crim-law-sect-4-203.html

“(a)(1) Except as provided in subsection (b) of this section, a person may not:

(i) wear, carry, or transport a handgun, whether concealed or open, on or about the person…….”

If you click on the link to the statute, nowhere does it list a neighbor’s property as an exception in part (b). Also, nowhere does it list permission from the property owner as an exception.

It seems to me that it is a violation of § 4-203 to carry a loaded handgun next door without a permit, regardless of if it’s ok with your neighbor or not. Your neighbor does not have authority to allow you to violate the statute.

Obviously, the chances of being prosecuted for such a violation are very low.

Am I missing something?

Yep, the several dozen threads that have discussed this topic before you joined.
Carrying outside on your property isn't a listed exemption, yet it is perfectly legal to open/conceal carry (Without a permit even) on your private property. There have been previous discussions on this issue and even a few calls/e-mails to MSP and the AAG that serves MSP, and both have said perfectly legal to carry on anothers personal property with their permission.

 

[lazarus]

Technically it do belong to the Bank. Lol

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Are you renting it from the bank? If you have a mortgage on it, you own the property. The deed says so. You owe a bank a crap load of money that you borrowed from them to purchase the property and you agree that if you cannot pay the bank then the bank can take the property in consideration for what you owe on the loan.

But you still own the property.

Government taxing you on it doesn't change the fact that YOU own the property. The government taxes you on your income to, doesn't mean it isn't YOUR job. Its just that the government can take the property if you fail to pay the taxes on it and if they come for the taxes and don't have the money to pay. But then again, if you fail to pay your income taxes, the government is also going to come for you and if you can't pay, they'll figure out a way to make you pay them back. That could include up through dispossessing you of some of your property or freedom to pay your tax bill.

All societies have taxes and they all suck.

 

[lazarus]

Yes, You broke the law, unless you had permission from your neighbor.
No need for a permit to carry on YOUR property, any place else you either need permission or a permit (Permission)

Not even if you had permission.

Looking at the wear, carry, and transport law, "taking my handgun to someone else's property" is not covered by that. Unless the neighbor is a gunsmith or you were taking the gun there to sell it or shoot it, its a violation of transport law. I can't just take a handgun to a friend's house to show it off or because we want to have an open carry BBQ in his backyard.

If I have a HGP/W&C permit then that is fine.

 

[lazarus]

Yep, the several dozen threads that have discussed this topic before you joined.
Carrying outside on your property isn't a listed exemption, yet it is perfectly legal to open/conceal carry (Without a permit even) on your private property. There have been previous discussions on this issue and even a few calls/e-mails to MSP and the AAG that serves MSP, and both have said perfectly legal to carry on anothers personal property with their permission.

MSP and AAG may have said it is legal to carry on someone else's property (I have not seen those opinions or threads).

But you are wrong on about "carrying outside on your property isn't listed as exemption [sic]" not being in the law. It IS listed in the law.

(6) the wearing, carrying, or transporting of a handgun by a person on real estate that the person owns or leases or where the person resides or within the confines of a business establishment that the person owns or leases;

And to be clear, the law opens with

(a)(1) Except as provided in subsection (b) of this section, a person may not:

(i) wear, carry, or transport a handgun, whether concealed or open, on or about the person;

So unless you meet an exemption, you may not wear, carry, or transport a handgun in Maryland. Full stop. All wearing, carrying, or transporting of a handgun is a crime UNLESS you meet an exemption. And as posted above, "on your property" or property you lease or reside are exemptions. Someone else's private property is not an exemption itself (if it is a shooting range, hunting, etc. can all be exemptions though).

 

[Allen65]

MSP and AAG may have said it is legal to carry on someone else's property (I have not seen those opinions or threads).

But you are wrong on about "carrying outside on your property isn't listed as exemption [sic]" not being in the law. It IS listed in the law.

(6) the wearing, carrying, or transporting of a handgun by a person on real estate that the person owns or leases or where the person resides or within the confines of a business establishment that the person owns or leases;

And to be clear, the law opens with

(a)(1) Except as provided in subsection (b) of this section, a person may not:

(i) wear, carry, or transport a handgun, whether concealed or open, on or about the person;

So unless you meet an exemption, you may not wear, carry, or transport a handgun in Maryland. Full stop. All wearing, carrying, or transporting of a handgun is a crime UNLESS you meet an exemption. And as posted above, "on your property" or property you lease or reside are exemptions. Someone else's private property is not an exemption itself (if it is a shooting range, hunting, etc. can all be exemptions though).

 

[Vernon James]

Carrying outside on your own property is a listed exception as stated above in a previous reply.

And likewise, MSP does not have the legal authority to allow you to violate the statute by carrying on another's property. They can use their discretion, however, in choosing to ignore a violation.

These gun laws get complicated real fast, so it's not surprising even the MSP gives out incorrect info occasionally.

I put the link (above) to the relevant statute so folks can read it and make their own conclusion, or they can verify with their own legal counsel.

But, like I said, the chances of prosecution are slim.

 

[Biggfoot44]

Yes Sir but as I did not go on public property, would I be breaking the law CCWing?

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Yes

 

[Alutacon]

Yes Sir but as I did not go on public property, would I be breaking the law CCWing?

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I think you would technically. You "traveled" from your property to a place that was not your property and you did it in a manner not prescribed by law. Further, the place you traveled to with your firearm was not one of the enumerated places under the statute where you are allowed to transport your firearm to.

And while traveling with your firearm you had it loaded and concealed.

 

[PEEJAY]

I think you would technically. You "traveled" from your property to a place that was not your property and you did it in a manner not prescribed by law. Further, the place you traveled to with your firearm was not one of the enumerated places under the statute where you are allowed to transport your firearm to.

And while traveling with your firearm you had it loaded and concealed.

Exactly,
You cant take your handgun over to a friends house in MD without a carry permit. Only the range or the gunsmith etc. and it has to be unloaded and stored correctly. I think theres an exception for "showing your collection" or something like that (not sure if you need the collectors permit for that to work). Its all about how you word what you were doing. But it would still not be allowed to be loaded on the way there and on your person from what i understand.
I wouldnt risk it this close to getting your permit anyway. You get busted and theyll have a chance to revoke it. Why bother? Unless its that bad of a neighborhood, then i guess do whatever you gotta do to stay alive.

 

[remrug]

If your neighbor, friend ,relative.....etc had a place that they legally shoot,could you legally transport a handgun and join them?
Seems like a stupid question,but Im not sure anymore