Firearm storage in MD

[Mooseman]

I miss common sense and the good old days. When I was growing up, I knew where my father kept his unlocked, loaded handgun. I also feared my father enough to leave it alone and not touch it. There were two exceptions to the do not touch it rule. One was if my father asked me to get it for him. The other one was in the event of a break in. I knew better than to break the rules.

 

[mcbruzdzinski]

To help Mike out, the Police do not make the distinction between loaded/unloaded when called. I know for a fact that a person was charged with access to a firearm by a minor under 16 years of age when the firearm in question was a Pietta reproduction Colt Navy revolver that was disassembled within a locked roll top desk in a locked room. The person was going through a divorce and his wife at the time, unlocked the room and the desk when in the presence of his youngest daughter. His ex-wife called the Baltimore County Police.

To make a long story short, it took over $10,000 in legal fees and an intelligent judge on the Md Court of Appeals to realize that the firearm in question was not easily accessible and not operational in the condition found: dissassmbled, not cap, no ball and no powder within the house at all!

When the judge questioned the Baltimore County Officer, the officer answered in his professional opinion the gun could have been made to fire. The judge asked him to explain how a 6 year old could reassemble and find caps, powder and ball as none was found within the house?

The bottom line is that no mattter what the law states, it will be on the gun owner to prove that the firearm in question was unloaded and secured.

 

[fabsroman]

I retract my statement...I was pretty sure that it included unloaded as well...I hadn't had my 1st cup of coffee yet. I'd keep it locked though.

Thanks Mike.

I think we can all agree that the law, as written, is the very minimum amount of common sense. If a gun is loaded it should be locked up, and even more so when there are kids in the house. However, I don't think the law goes far enough in the common sense department. All guns should be locked up, whether loaded or unloaded, when there are kids in the house.

After finishing goose hunting a couple of months ago, I came back home to get my 4 year old so he could run around and help me pick up some of the decoys. Grabbed a box of clays loads just in case he wanted to fire the shotgun for the first time. Well, when I offered he jumped at the chance. He watched me load the gun once, and then wanted to load it for the 2nd shot. He dropped the shell into the chamber correctly and went right to the bolt release, but did not have the strength to push it in. There is no doubt in my mind that if I leave the shotgun and ammo sitting out in the open, that he would at some point figure out how to get that bolt release pressed (e.g., hammer). Granted, all of my kids have been told that they cannot touch the guns unless an adult is around. Kind of a moot point since everything is locked up, but so is keeping the barrel in a safe direction IF you keep the gun unloaded. Safety redundancies are a great thing.

The sad thing is that we need a LAW to tell us what the very minimum is for common sense. DO NOT LEAVE A LOADED GUN WHERE A CHILD CAN GET IT.

As already said, it does not go far enough. It also needs to cover:

DO NOT LEAVE AN UNLOADED GUN AND AMMUNITION WHERE A CHILD CAN GET TO THEM.

DO NOT LEAVE AN UNLOADED GUN WHERE A CHILD CAN GET TO IT.

This is all common sense if you ask me. Thing is, will somebody lacking the common sense to know this, have the ability to actually find the law and understand what the law is.

This law is nothing more than codifying a small portion of what gun safety is.

 

[mike_in_md]

I miss common sense and the good old days. When I was growing up, I knew where my father kept his unlocked, loaded handgun. I also feared my father enough to leave it alone and not touch it. There were two exceptions to the do not touch it rule. One was if my father asked me to get it for him. The other one was in the event of a break in. I knew better than to break the rules.

But wait...Isn't there an exemption in law if the child's access to a firearm was obtained as a result of an unlawful entry?

I have no idea how a child can be exempt from law if you do not allow access to the firearm to begin with. Seems to be a loophole there.

 

[fabsroman]

To help Mike out, the Police do not make the distinction between loaded/unloaded when called. I know for a fact that a person was charged with access to a firearm by a minor under 16 years of age when the firearm in question was a Pietta reproduction Colt Navy revolver that was disassembled within a locked roll top desk in a locked room. The person was going through a divorce and his wife at the time, unlocked the room and the desk when in the presence of his youngest daughter. His ex-wife called the Baltimore County Police.

To make a long story short, it took over $10,000 in legal fees and an intelligent judge on the Md Court of Appeals to realize that the firearm in question was not easily accessible and not operational in the condition found: dissassmbled, not cap, no ball and no powder within the house at all!

When the judge questioned the Baltimore County Officer, the officer answered in his professional opinion the gun could have been made to fire. The judge asked him to explain how a 6 year old could reassemble and find caps, powder and ball as none was found within the house?

The bottom line is that no mattter what the law states, it will be on the gun owner to prove that the firearm in question was unloaded and secured.

There is no witness testimony on appeal. So, the questions must have been asked at the trial court level.

Just did a quick case search on Md Crim Law 4-104 and there are actually two appeals cases that mention it, but both are in the footnotes section and neither of them actually dealt with Md Crim Law 4-104.

Found this footnote interesting though:

Although seven sections of the Criminal Law Article reference the term "firearm", none provides an express definition of the term. See Crim. Law §§ 4-104 (Child's access to firearms); 4-201 (Definitions under the handguns statutes); 4-203 (Wearing, carrying, or transporting a handgun); 4-204 (Use of handgun or antique firearm in commission of crime); 4-208 (Possession of firearm at public demonstration); 5-621 (Use or weapon as separate crime) and 5-622 (Firearm crimes).

 

[Doobie]

Thanks for the replies so far. My buddies children are very young...pre schoolers so they are probably still to young for hunter safety classes. The guns he is concerned about are all long guns...he doesn't keep ammo with, in, or around them. As of now he has the firearms stored in a closet and one under a bed in a hard plastic case. I guess what he and I now are asking is how far does one have to go to know that the firearm is considered "properly stored" in the state of MD? Like someone else mentioned here, I grew up in WV where my dad and granddaddy had guns in the corner, on a gun rack etc. THEY were the "law" and we knew not to bother them. My buddy and I teach our children the same way, but MD has its laws. Would a hard plastic gun case with pad locks on it be considered "lawful"? Or does anyone know where he could get one of the cheap locker style thin metal cabinet safes that lock for a reasonable price.

 

[tony b]

i saw a wooden locker that slid under a bed the held 6 or 8 long rifles had a pad lock and hasp . actually looked like a rifle crate someone had modified.

 

[fabsroman]

Thanks for the replies so far. My buddies children are very young...pre schoolers so they are probably still to young for hunter safety classes. The guns he is concerned about are all long guns...he doesn't keep ammo with, in, or around them. As of now he has the firearms stored in a closet and one under a bed in a hard plastic case. I guess what he and I now are asking is how far does one have to go to know that the firearm is considered "properly stored" in the state of MD? Like someone else mentioned here, I grew up in WV where my dad and granddaddy had guns in the corner, on a gun rack etc. THEY were the "law" and we knew not to bother them. My buddy and I teach our children the same way, but MD has its laws. Would a hard plastic gun case with pad locks on it be considered "lawful"? Or does anyone know where he could get one of the cheap locker style thin metal cabinet safes that lock for a reasonable price.

As long as the guns are NOT loaded, they can be stored unlocked and in the open and he is within the law. Once he loads them up, they MUST be locked up for him to be within the law.

Simple answer:

Loaded = locked up
Unloaded - can leave anywhere he wants in the house, even under his kids' bed, leaning in a corner, etc.

The above is in compliance with Maryland law. Now, the common sense approach is to lock up the guns when there are minor kids in the house.

 

[fabsroman]

i saw a wooden locker that slid under a bed the held 6 or 8 long rifles had a pad lock and hasp . actually looked like a rifle crate someone had modified.

A stack-on metal locker for 8 guns can be bought from Wal-Mart for $90 or so.

http://www.walmart.com/ip/Stack-On-8-Gun-Steel-Security-Cabinet/14707408

Also available at other fine retailers like K-Mart, etc. Just enough to keep the guns out of little prying hands.

 

[Oldcarjunkie]

As long as the guns are NOT loaded, they can be stored unlocked and in the open and he is within the law. Once he loads them up, they MUST be locked up for him to be within the law.

Simple answer:

Loaded = locked up
Unloaded - can leave anywhere he wants in the house, even under his kids' bed, leaning in a corner, etc.

The above is in compliance with Maryland law. Now, the common sense approach is to lock up the guns when there are minor kids in the house.

I agree. Aside from my big safe, I have some cabinets and work station in a walk in closet. This way when the kid has anyone over, i can lock the whole kit and caboodle .

 

[gamer_jim]

Your buddy may be able to go to his local police department and ask for free gun locks. Carroll County Sheriff does this. I think it's one per household but if he were to explain the situation they may be generous.

Another solution would be to gratuitously loan the firearms to someone he trusts until he can afford locks or a safe.

I agree locking the kids in the attic isn't a bad solution either.

 

[SRD]

Your buddy may be able to go to his local police department and ask for free gun locks. Carroll County Sheriff does this. I think it's one per household but if he were to explain the situation they may be generous.

Another solution would be to gratuitously loan the firearms to someone he trusts until he can afford locks or a safe.

I agree locking the kids in the attic isn't a bad solution either.

This^^,or ask around here,I'd wager there are 100's of Mossberg cable locks collecting dust.(better than nothing)

 

[Doobie]

Thank you everyone for the help. The metal gun locker for $90 at wal mart is definitely what he needs for now. I have offered to keep his firearms for him, but he's like me...wants to keep them with him so he can maintain/use them when he wants. I really appreciate the help everyone...we have learned a lot. By all means if there is anything else anyone wants to add, please do :-)