Maryland SB1 - any one caught violating?

[emerald]

@dblas Thanks for running through my questions!

I know I'm repeating a common sentiment, but every time I review this stuff, I can't believe the cr@p our legislature comes up with that does nothing to address the real crime, but creates a web of laws to entrap law abiding citizens.

 

[swinokur]

I don’t think that W&C permit holders are allowed to carry in special purpose areas if that was what was being asked. No carry at all, permit or not

LE exempted

 

[BurkeM]

I don’t think that W&C permit holders are allowed to carry in special purpose areas if that was what was being asked. No carry at all, permit or not

LE exempted

Correct.

 

[swinokur]

So this is wrong.

 

[emerald]

So, this is where I find it confusing. At first read it sounds like there's no way to go into a special area, even with a carry permit, but then it sounds like there's a transport exception, which would only apply to driving through such an area in a motor vehicle, and staying in that vehicle. I figured this would let you drive through something like a school zone or other special area without breaking the law, but no?

Hope I'm not being overly dense, but this legislation just seems to be a convoluted mess of if/when/where that contradicts itself depending on how you read it and the sequence you read it, etc.

4-111 (b) This section does not apply to:

(11) a firearm that is carried or transported in a motor vehicle if the firearm is:

(i) locked in a container; or

(ii) a handgun worn, carried, or transported in compliance with any limitations imposed under § 5-307 of the Public Safety Article, 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.

 

[swinokur]

School zones are not sensitive places, school property

So maybe I’m wrong about the permit. I will go and read again


I see where you are coming from though

 

[dblas]

So this is wrong.

View attachment 446608

Not wrong, see 4-111(b)(11)(ii) of the Criminal law article.

(11) A FIREARM THAT IS CARRIED OR TRANSPORTED IN A MOTOR
VEHICLE IF THE FIREARM IS:
(I) LOCKED IN A CONTAINER; OR
(II) A HANDGUN WORN, CARRIED, OR TRANSPORTED IN
COMPLIANCE WITH ANY LIMITATIONS IMPOSED UNDER § 5–307 OF THE PUBLIC SAFETY ARTICLE, 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;

If he has a W&C permit, he can transport in a vehicle, but there are only a few areas listed that anyone can actually drive through.

 

[dblas]

I don’t think that W&C permit holders are allowed to carry in special purpose areas if that was what was being asked. No carry at all, permit or not

LE exempted

If they are driving through any of them, they are. See my post above.

If they are just plain jane carrying, then no.

 

[swinokur]

Ah ok gotcha. Thanks for clarifying

 

[dblas]

So, this is where I find it confusing. At first read it sounds like there's no way to go into a special area, even with a carry permit, but then it sounds like there's a transport exception, which would only apply to driving through such an area in a motor vehicle, and staying in that vehicle.

Correct, and the number of locations you can actually drive through is small.

I figured this would let you drive through something like a school zone or other special area without breaking the law, but no?

Yes, but there are now two different laws regarding schools.
The first, 100 yards surrounding school property, if you are travelling through or have a w&C permit, or live within it, are exemptions to the 100 Yard "no go zone" around a school property in State Statute.
The second is the new SB1 that says no carry with a permit ON school property, but you can transport on school property if you have a w&c permit.

Hope I'm not being overly dense, but this legislation just seems to be a convoluted mess of if/when/where that contradicts itself depending on how you read it and the sequence you read it, etc.

Not dense at all, and purposefully obtuse and hard to figure out unless you know where to look to find ALL of the bits and how they fit together.

 

[dblas]

Ah ok gotcha. Thanks for clarifying

No problem at all brother.

 

[emerald]

So this would let you do something like drive on to school property to pick someone up, and as long as you stayed in your car, you'd be OK?

 

[dblas]

So this would let you do something like drive on to school property to pick someone up, and as long as you stayed in your car, you'd be OK?

I'm not sure how that would play, because at that point, the school property is a destination. So you are traveling to it, not through it.

 

[swinokur]

Kinda like FOPA. Once you stop, you’re ON school property

 

[emerald]

Ugh! What a mess!

Thanks again to everyone for the help. Happily, my kids are past pickup age, but once upon a time not that many years back, I did do daily pickups. So tired of these a$$hats. Really looking forward to moving out of this state at some point.

 

[Biggfoot44]

Without going down the School rabbit hole , with State vs Fed .

Permit Holders can drive ( or ride as passenger ) thru a no- no zone on their person , or in traditional " enclosed manner .

Non Permit Holders must be locked to transit a no- no zone .

 

[emerald]

Without going down the School rabbit hole , with State vs Fed .

Permit Holders can drive ( or ride as passenger ) thru a no- no zone on their person , or in traditional " enclosed manner .

Non Permit Holders must be locked to transit a no- no zone .

And if I remember this one correctly, it's a big gotcha for people in a constitutional carry state who don't have a state issued permit.

 

[swinokur]

Seldom charged as a stand alone charge. Usually added to other charges

 

[Biggfoot44]

There's a Montana case about that working up the courts .

I tried to add my below quote to this post for context .

 

[Biggfoot44]

And if I remember this one correctly, it's a big gotcha for people in a constitutional carry state who don't have a state issued permit.