Maryland LE and gun searches of out of state vehicles

[StantonCree]

Following up on Post Number 286
This is the final out come of the cases cited. STET Disposition.

Oh BTW this guy also had a ticket for speeding NOLLE PROSEQUI.

Charge: Article:TASec:21Sub-Sec:801.1Para:Code:
Description: DRIVING VEH. ON HWY. AT SPEED EXCEEDING LIMIT
Speed Limit: 55 Recorded Speed: 077
Location Stopped: IS95 N/B MM 65 BALTO. CO. MD
Contributed to Accident?: NO Personal Injury?: NO
Fine: 160
Vehicle Tag: V51OZU State: FL Vehicle Description: 14CHRYS
Plea: OTHER PLEA
Disposition: NOLLE PROSEQUI
Disposition Date: 08/24/2015
Speed Limit: 55 Convicted Speed: 077
Contributed To Accident: NO Personal Injury?: NO
Sentence Date: 08/24/2015
Sentence Time: Yrs:00Mos:00Days:000
Suspended Time: Yrs:00Mos:00Days:000
Costs: Fine: 0 CourtCost: 0 CICF: 0
Suspended: Fine: 0 CourtCost: 0 CICF Cost: 0

Court System: DISTRICT COURT FOR BALTIMORE COUNTY - CRIMINAL SYSTEM
Case Number: 6C00404956Tracking No:080001124420
Case Type: CRIMINAL
District Code: 08Location Code:04
Document Type: STATEMENT OF CHARGESIssued Date:07/30/2014
Case Status: CLOSEDCase Disposition:TRIAL
Defendant Information
Defendant Name: SCARBORO, DERRICK
Race: BLACK, AFRICAN AMERICAN
Sex: MHeight:507Weight:215DOB:04/14/1968
Address: 3220 TRIBLESTONE LN APT 304
City: RALEIGHState:NCZip Code:27616 - 0000
Charge and Disposition Information
(Each Charge is listed separately. The disposition is listed below the Charge)
Charge No: 001Description:HANDGUN IN VEHICLE
Statute: CR.4.203Description:HANDGUN IN VEHICLE
Amended Date: CJIS Code:1 0175MO/PLLrobable Cause:X
Incident Date From: 07/30/2014 To: 07/30/2014 Victim Age:
Disposition
Plea: OTHER PLEA
Disposition: STET Disposition Date:08/24/2015
Fine:$0.00Court Costs:$0.00CICF:$0.00
Amt Suspended: Fine:$0.00Court Costs:$0.00CICF:$0.00
PBJ EndDate: Probation End Date:Restitution Amount:$0.00
Jail Term: Yrs:Mosays:
Suspended Term: Yrs:Mosays:
Credit Time Served:
Charge No: 002Description:HANDGUN ON PERSON
Statute: CR.4.203Description:HANDGUN ON PERSON
Amended Date: CJIS Code:1 5212MO/PLLrobable Cause:X
Incident Date From: 07/30/2014 To: 07/30/2014 Victim Age:
Disposition
Plea: OTHER PLEA
Disposition: STET Disposition Date:08/24/2015
Fine:$0.00Court Costs:$0.00CICF:$0.00
Amt Suspended: Fine:$0.00Court Costs:$0.00CICF:$0.00
PBJ EndDate: Probation End Date:Restitution Amount:$0.00
Jail Term: Yrs:Mosays:
Suspended Term: Yrs:Mosays:

What is the "other plea" on the charges? any idea what he plead to?

 

[GTOGUNNER]

Guess I missed this one.....

Defendant Information
Defendant Name: WALTERS, ROBERT G
Race: WHITE, CAUCASIAN, ASIATIC INDIAN, ARAB
Sex: MHeight:508Weight:210DOB:09/27/1955
Address: P.O BOX 0957
City: INGLISState:FLZip Code:34449 - 0000
Court Scheduling Information
Trial Date: 10/08/2015Trial Time:01:00 PMRoom:02
Trial Type:
Trial Location:900 WALKER AVE CATONSVILLE 21228-5380
Charge and Disposition Information
(Each Charge is listed separately. The disposition is listed below the Charge)
Charge No: 001Description:HANDGUN IN VEHICLE
Statute: CR.4.203Description:HANDGUN IN VEHICLE
Amended Date: CJIS Code:1 0175MO/PLLrobable Cause:X
Incident Date From: 07/30/2015 To: 07/30/2015 Victim Age:
Related Person Information
(Each Person related to the case other than the Defendant is shown)
Name:DAY, G OFC
Connection:COMPLAINANT/POLICE OFFICER
Agency Code: MDTAAgency Sub-Code:SODOfficer ID:0537

 

[platoonDaddy]

Guess I missed this one.....

Defendant Information
Defendant Name: WALTERS, ROBERT G
Race: WHITE, CAUCASIAN, ASIATIC INDIAN, ARAB
Sex: MHeight:508Weight:210DOB:09/27/1955
Address: P.O BOX 0957
City: INGLISState:FLZip Code:34449 - 0000
Court Scheduling Information
Trial Date: 10/08/2015Trial Time:01:00 PMRoom:02
Trial Type:
Trial Location:900 WALKER AVE CATONSVILLE 21228-5380
Charge and Disposition Information
(Each Charge is listed separately. The disposition is listed below the Charge)
Charge No: 001Description:HANDGUN IN VEHICLE
Statute: CR.4.203Description:HANDGUN IN VEHICLE
Amended Date: CJIS Code:1 0175MO/PLLrobable Cause:X
Incident Date From: 07/30/2015 To: 07/30/2015 Victim Age:
Related Person Information
(Each Person related to the case other than the Defendant is shown)
Name:DAY, G OFC
Connection:COMPLAINANT/POLICE OFFICER
Agency Code: MDTAAgency Sub-Code:SODOfficer ID:0537

So the charge is Handgun in Vehicle, that is illegal?

 

[GTOGUNNER]

What is the "other plea" on the charges? any idea what he plead to?

Not sure, might be a miss classification.

As long as rule 1 is satisfied the Judge doesn't usually care.

 

[GTOGUNNER]

So the charge is Handgun in Vehicle, that is illegal?

In Maryland yes unless you are doing several of the few things permitted.
Good reason to get a Designated Collector letter from MSP

 

[Blaster229]

In Maryland yes unless you are doing several of the few things permitted.
Good reason to get a Designated Collector letter from MSP

Handgun in vehicle would be "Concealed deadly weapon" wouldn't it? Since it is "On or about the person"?

 

[StantonCree]

Not sure, might be a miss classification.

As long as rule 1 is satisfied the Judge doesn't usually care.

No it's not a screw up. I just found out that STET disposition means, technically a guilty plea but it doesn't go on your record and apparently they have 1 year to bring up charges again.

I was just advised it's like PBJ but better because your not on Probation. So it's PBJ with no probation..........thats confusing but theres your answer. He/She plead guilty.

 

[daNattyFatty]

So the charge is Handgun in Vehicle, that is illegal?

The manner in which it was being transported was illegal, is my guess. The titles given to the various charges are just general terms. Here's the actual statute:

§ 4-203. Wearing, carrying, or transporting handgun.


(a) Prohibited.-

(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;

(ii) wear, carry, or knowingly transport a handgun, whether concealed or open, in a vehicle traveling on a road or parking lot generally used by the public, highway, waterway, or airway of the State;

(iii) violate item (i) or (ii) of this paragraph while on public school property in the State; or

(iv) violate item (i) or (ii) of this paragraph with the deliberate purpose of injuring or killing another person.

(2) There is a rebuttable presumption that a person who transports a handgun under paragraph (1)(ii) of this subsection transports the handgun knowingly.

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

(1) the wearing, carrying, or transporting of a handgun by a person who is on active assignment engaged in law enforcement, is authorized at the time and under the circumstances to wear, carry, or transport the handgun as part of the person's official equipment, and is:

(i) a law enforcement official of the United States, the State, or a county or city of the State;

(ii) a member of the armed forces of the United States or of the National Guard on duty or traveling to or from duty;

(iii) a law enforcement official of another state or subdivision of another state temporarily in this State on official business;

(iv) a correctional officer or warden of a correctional facility in the State;

(v) a sheriff or full-time assistant or deputy sheriff of the State; or

(vi) a temporary or part-time sheriff's deputy;

(2) the wearing, carrying, or transporting of a handgun by a person to whom a permit to wear, carry, or transport the handgun has been issued under Title 5, Subtitle 3 of the Public Safety Article;

(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;

(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;

(7) the wearing, carrying, or transporting of a handgun by a supervisory employee:

(i) in the course of employment;

(ii) within the confines of the business establishment in which the supervisory employee is employed; and

(iii) when so authorized by the owner or manager of the business establishment;

(8) the carrying or transporting of a signal pistol or other visual distress signal approved by the United States Coast Guard in a vessel on the waterways of the State or, if the signal pistol or other visual distress signal is unloaded and carried in an enclosed case, in a vehicle; or

(9) the wearing, carrying, or transporting of a handgun by a person who is carrying a court order requiring the surrender of the handgun, if:

(i) the handgun is unloaded;

(ii) the person has notified the law enforcement unit, barracks, or station that the handgun is being transported in accordance with the court order; and

(iii) the person transports the handgun directly to the law enforcement unit, barracks, or station.

 

[pilotguy299]

No it's not a screw up. I just found out that STET disposition means, technically a guilty plea but it doesn't go on your record and apparently they have 1 year to bring up charges again.

I was just advised it's like PBJ but better because your not on Probation. So it's PBJ with no probation..........thats confusing but theres your answer. He/She plead guilty.

I'm not sure that is correct. I've been led to believe that a STET just places the case on the inactive docket, and that the case can be brought back within a certain period of time by the State. I think that in most cases the defendant agrees to some sort of community service in exchange for getting a STET, and the only thing they agree to is to waive their speedy trial rights.

 

[daNattyFatty]

I'm not sure that is correct. I've been led to believe that a STET just places the case on the inactive docket, and that the case can be brought back within a certain period of time by the State. I think that in most cases the defendant agrees to some sort of community service in exchange for getting a STET, and the only thing they agree to is to waive their speedy trial rights.

Right. There is no plea for a stet. The state can again pursue the case within a year, but after a year, there needs to be good cause to do so.

 

[PJDiesel]

Stet isn't proposed by the defendant (as with a plea), it's only brought about by the State. So,...not the same as a PBJ, regardless of the "P" part.

 

[Blackstar65]

The State will only revist the initial charges if the defendant fails to comply with the agreed upon terms or gets in more trouble. The State considers this type of sentence a "win". This " win" helps determine who moves up to circuit court.

 

[GTOGUNNER]

In this caae, probably surrender of the firearm. My WAG.

 

[platoonDaddy]

In Maryland yes unless you are doing several of the few things permitted.

Good reason to get a Designated Collector letter from MSP

Do you mean carry your Designated Collector letter in the vehicle and if so what is the benefit?

Are you referencing this part the law:
(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;

 

[JPG]

This is from the MD State police website FAQ:

http://mdsp.maryland.gov/Pages/FAQs.aspx

Can I legally transport firearms interstate?
​​Yes, under Title 18, Section 926A, of the United States Code, a person who is not prohibited from possessing, transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment. In the case the vehicle does not have a compartment separate from the driver's compartment the firearm or ammunition shall be contained in a locked compartment other than the glove compartment or console.​

 

[swinokur]

The AG has stated that the FOPA statute which is posted above is Federal and does not apply if your trip's origin and destination are both in MD. The protection that may be used by having your DC letter with you can be found in the MD statute for handgun transport that states the the movement of a collection by a bona fide collector is legal under MD. statute 4-203. Your DC letter may give you some legal protection if charged. Note may.

IANAL

AG ruling attached and 4-203 excerpt

(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;

I don't think anyone should interpret this to mean that if you have a DC letter you can ride around with a handgun in your car. That's clealy illegal without a W & C permit.
.

 

[redeemed.man]

The AG has stated that the FOPA statute which is posted above is Federal and does not apply if your trip's origin and destination are both in MD. The protection that may be used by having your DC letter with you can be found in the MD statute for handgun transport that states the the movement of a collection by a bona fide collector is legal under MD. statute 4-203. Your DC letter may give you some legal protection if charged. Note may.

IANAL

AG ruling attached and 4-203 excerpt

I don't think anyone should interpret this to mean that if you have a DC letter you can ride around with a handgun in your car. That's clealy illegal without a W & C permit.
.

"Unconstitutionally illegal" I might add.

 

[swinokur]

Even if your trip started outside MD, if your destination is MD, you must follow MD laws.

FOPA provides no protection if your destination is MD.

IANAL.

 

[GTOGUNNER]

Follow up.....

Guess I missed this one.....

Defendant Information
Defendant Name: WALTERS, ROBERT G
Race: WHITE, CAUCASIAN, ASIATIC INDIAN, ARAB
Sex: MHeight:508Weight:210DOB:09/27/1955
Address: P.O BOX 0957
City: INGLISState:FLZip Code:34449 - 0000
Court Scheduling Information
Trial Date: 10/08/2015Trial Time:01:00 PMRoom:02
Trial Type:
Trial Location:900 WALKER AVE CATONSVILLE 21228-5380
Charge and Disposition Information
(Each Charge is listed separately. The disposition is listed below the Charge)
Charge No: 001Description:HANDGUN IN VEHICLE
Statute: CR.4.203Description:HANDGUN IN VEHICLE
Amended Date: CJIS Code:1 0175MO/PLLrobable Cause:X
Incident Date From: 07/30/2015 To: 07/30/2015 Victim Age:
Related Person Information
(Each Person related to the case other than the Defendant is shown)
Name:DAY, G OFC
Connection:COMPLAINANT/POLICE OFFICER
Agency Code: MDTAAgency Sub-Code:SODOfficer ID:0537

Follow up
Charge No: 001Description:HANDGUN IN VEHICLE
Statute: CR.4.203Description:HANDGUN IN VEHICLE
Amended Date: CJIS Code:1 0175MO/PLLrobable Cause:X
Incident Date From: 07/30/2015 To: 07/30/2015 Victim Age:
Disposition
Plea: OTHER PLEA
Disposition: NOLLE PROSEQUIDisposition Date:10/08/2015
Fine:$0.00Court Costs:$0.00CICF:$0.00
Amt Suspended: Fine:$0.00Court Costs:$0.00CICF:$0.00
PBJ EndDate: Probation End Date:Restitution Amount:$0.00
Jail Term: Yrs:Mosays:
Suspended Term: Yrs:Mosays:
Credit Time Served:


His original ticket, 87 in a 65 was also NOLLE PROSEQUI