Letter from AAG regarding Open Carry of Long Guns

[ih23]

A person may have a loaded firearm on his own property.

As regards to handguns, State law only requires that a handgun be unloaded and carried in an enclosed case or an enclosed holster, when:

Criminal Law Article, § 4-203.

(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...

(b) Exceptions.- This section does not prohibit...

(3) the carrying of a handgun on the person or in a vehicle while the person is transporting the handgun to or from the place of legal purchase or sale, or to or from a bona fide repair shop, or between bona fide residences of the person, or between the bona fide residence and place of business of the person, if the business is operated and owned substantially by the person if each handgun is unloaded and carried in an enclosed case or an enclosed holster;

(4) the wearing, carrying, or transporting by a person of a handgun used in connection with an organized military activity, a target shoot, formal or informal target practice, sport shooting event, hunting, a Department of Natural Resources-sponsored firearms and hunter safety class, trapping, or a dog obedience training class or show, while the person is engaged in, on the way to, or returning from that activity if each handgun is unloaded and carried in an enclosed case or an enclosed holster;

(5) the moving by a bona fide gun collector of part or all of the collector's gun collection from place to place for public or private exhibition if each handgun is unloaded and carried in an enclosed case or an enclosed holster;​

As you can see, the law only requires handguns to be "unloaded and carried in an enclosed case or an enclosed holster" under those circumstances listed. Subsection (b) continues:

(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;​

Paragraph (6) does not contain the statement, "if each handgun is unloaded and carried in an enclosed case or an enclosed holster". Thus, you may wear, carry, or transport a handgun on your own property loaded and not enclosed in a case or holster, since it is not otherwise required to do so.

Now, if you reside near a State park, most counties contain their own regulations for their own jurisdiction, so it may vary from county to county, or political subdivisions.

In Montgomery County, where I live, Chapter 57 (called Weapons) of their Code provides the provisions related to that matter.

The Code includes public parks in their definitions as, "Place of public assembly":

Chapter 57. Weapons. § 57-1. Definitions.

Place of public assembly: A "place of public assembly" is a government owned park identified by the Maryland-National Capital Park and Planning Commission; place of worship; elementary or secondary school; public library; government-owned or -operated recreational facility; or multipurpose exhibition facility, such as a fairgrounds or conference center. A place of public assembly includes all property associated with the place, such as a parking lot or grounds of a building.​

Yes, you may have a loaded firearm on your own property in Montgomery County:

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...

(3) apply to the possession of a firearm or ammunition in the person’s 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;​

Paragraph (3) does not include the same requirement as in paragraph (6), that the firearm be unloaded. For paragraph (6) only applies to places outside the home, or to circumstances not already mentioned and made distinct by their listing. Thus, the law does not require you to have "separate ammunition or an unloaded firearm" in your own home, since it does not state so in that section.

 

[K-Romulus]

The MoCO law seems to make things ambiguous (to me) regarding yard/property carry of all firearms if your yard/property is within that 100yd zone around a "place of public assembly."

Since the MoCO law talks about exempting guns "in" the home, then it might be that yard carry could be regulated under local "public assembly area safety zone" laws.

However, the state law on handguns (that was passed AFTER the state preemption law) says it would be legal to have a handgun on your own property or residence . . .period.

So the (non MD lawyer) conclusion is that it may be that handguns are OK for yard carry within the "public assembly area safety zone" of MoCO, but not other types of firearms.

 

[ih23]

I checked the MoCo code again, and noticed it defines the word "firearm" as:

Sec. 57-1. Definitions

Gun or firearm: Any rifle, shotgun, revolver, pistol, air gun, air rifle or any similar mechanism by whatever name known which is designed to expel a projectile through a gun barrel by the action of any explosive, gas, compressed air, spring or elastic.​

And yes, the MoCo code is very ambiguous. I had to read it several times to understand it. However, it does seem as though it is compliant to State law.

 

[K-Romulus]

I checked the MoCo code again, and noticed it defines the word "firearm" as:

Sec. 57-1. Definitions

Gun or firearm: Any rifle, shotgun, revolver, pistol, air gun, air rifle or any similar mechanism by whatever name known which is designed to expel a projectile through a gun barrel by the action of any explosive, gas, compressed air, spring or elastic.​

And yes, the MoCo code is very ambiguous. I had to read it several times to understand it. However, it does seem as though it is compliant to State law.

Yeah, so a paintball gun or Airsoft gun is illegal to shoot outdoors on your own 20-acre property.

 

[novus collectus]

Yeah, so a paintball gun or Airsoft gun is illegal to shoot outdoors on your own 20-acre property.

Doesn't that also describe Nerf guns?

 

[ih23]

Doesn't that also describe Nerf guns?

"compressed air, spring or elastic"

Or any toy gun?

 

[hole punch]

Doesn't that also describe Nerf guns?

Maybe even nail guns.

Whoever wrote that bill is a genius. Can't say much better for whoever passed it into law.

 

[284 Colton Mag]

but not crossbows

 

[hole punch]

Hey! According to Mao the political power of the Party comes out of the barrel of a gun, and we all know that everything the Party tells us is nothing but hot air, so does that mean the Chosen Party should be banned!?

 

[GBMaryland]

So who's gonna try this one out?

I can't imagine you wouldn't get slapped with at least a 'disturbing the peace' or something.

No... the way to do it is to make sure you're on a motorcycle... going to the range.... with an unloaded long gun slung over your back.

-smile-

 

[Bob A]

I think a crossbow would fall under the "spring or elastic" bit. So would a slingshot of the modern type, though the David/Goliath type would pass.

 

[hard_core_emt]

There was no mention of the "100 yard safety zone" where state law allows localities to regulate firearms:



And the "school property" part of 4-102 only refers to PUBLIC school property:

In reference to The school property law, is it written that Law Enforcement are the exception to the Law?

 

[Venge]

Yeah, so a paintball gun or Airsoft gun is illegal to shoot outdoors on your own 20-acre property.

Heh, that's pretty interesting.

Here's a story though:

When I was younger (around 15 maybe) a group of my friends and I were playing airsoft in my folks' yard in MoCo. Our guns were all springer replicas of MP5s and Berettas and the like (this was before we could afford AEGs).

Two officers showed up in a marked cruiser because, I guess, someone had seen us from the street and called them. It was a big yard, but we used to play in a little section kind of near the road with some old buildings and good cover and concealment. SO, we were partly visible. Probably didn't help that we were decked out in camo, gear and goggles.

The cool thing is, the officers got out of the car, said, "oh, you're playing PAINTBALL," and because I was a nerd and a punk I said, "well, airsoft actually." They just told us to be careful not to get too close to the road, and left. That was the end of it.

 

[HarCo2ANewb]

Almost four years since the last post, lol

 

[fishertodd]

The AAG letter does not specify whether the legally open-carried long gun can be loaded with rounds in the chamber and/or magazine.

 

[Inigoes]

The AAG letter does not specify whether the legally open-carried long gun can be loaded with rounds in the chamber and/or magazine.

here you go

http://www.mdshooters.com/showthread.php?t=54444

 

[annihilation-time]

The AAG letter does not specify whether the legally open-carried long gun can be loaded with rounds in the chamber and/or magazine.

Did you read the last paragraph on the last page? It says "loaded."

 

[Venge]

Almost four years since the last post, lol

Agh... sorry.