Prohibited Area Discrepancies: Carry at Public Rest Areas, Schools and Demonstrations

[6-Pack]

In anticipation of receiving my permit soon, I decided to look specifically at the laws where carrying is prohibited by law. I (shockingly, I know) found a discrepancy between the MSP's website and the actual law.

MSP Website: In State Highway Rest Areas, unless properly secured within vehicle (COMAR 11.04.07.12)

COMAR 11.01.07.12: The display or discharge of firearms, pellet guns, B-B guns, and fireworks of any kind is prohibited.

It seems that the actual law (COMAR) prohibits OC/discharge at a rest area only and the MSP website is incorrect. Has anyone else found any other discrepancies?

Another one I found is in regard to schools:

MSP Website: On school property

Criminal Law 4-102(b): Prohibited. -- A person may not carry or possess a firearm, knife, or deadly weapon of any kind on public school property.

Here, it seems that carrying on public school property is prohibited. As for private schools, there does not seem to be a prohibition.

Lastly, there's a slight discrepancy on public demonstrations:

MSP Website: Within 1,000 feet of a demonstration in a public place

Criminal Law 4-208(b): (2) A person may not have a firearm in the person's possession or on or about the person at a demonstration in a public place or in a vehicle that is within 1,000 feet of a demonstration in a public place after:
(i) the person has been advised by a law enforcement officer that a demonstration is occurring at the public place; and
(ii) the person has been ordered by the law enforcement officer to leave the area of the demonstration until the person disposes of the firearm.

It seems that you have to be advised that a public demonstration is occurring, and you have to be ordered to leave the area.

 

[DC-W]

MSI’s list has added context to MSP’s cliff notes.

Maryland Wear and Carry Permits

Last updated 11/28/2023We've brought a lawsuit against the enforcement of parts of SB 1 and other current carry restrictions. Learn about Novotny v. Moore here. See our guide here for how newly enacted laws affect your right to keep and bear arms.IntroductionPermit EligibilityTrainingApplication...

www.marylandshallissue.org

 

[6-Pack]

MSI’s list has added context to MSP’s cliff notes.

Maryland Wear and Carry Permits

Last updated 11/28/2023We've brought a lawsuit against the enforcement of parts of SB 1 and other current carry restrictions. Learn about Novotny v. Moore here. See our guide here for how newly enacted laws affect your right to keep and bear arms.IntroductionPermit EligibilityTrainingApplication...

www.marylandshallissue.org

I should've checked there first. Thanks!

 

[ICW2019]

In anticipation of receiving my permit soon, I decided to look specifically at the laws where carrying is prohibited by law. I (shockingly, I know) found a discrepancy between the MSP's website and the actual law.

MSP Website: In State Highway Rest Areas, unless properly secured within vehicle (COMAR 11.04.07.12)

COMAR 11.01.07.12: The display or discharge of firearms, pellet guns, B-B guns, and fireworks of any kind is prohibited.

It seems that the actual law (COMAR) prohibits OC/discharge at a rest area only and the MSP website is incorrect. Has anyone else found any other discrepancies?

Another one I found is in regard to schools:

MSP Website: On school property

Criminal Law 4-102(b): Prohibited. -- A person may not carry or possess a firearm, knife, or deadly weapon of any kind on public school property.

Here, it seems that carrying on public school property is prohibited. As for private schools, there does not seem to be a prohibition.

Lastly, there's a slight discrepancy on public demonstrations:

MSP Website: Within 1,000 feet of a demonstration in a public place

Criminal Law 4-208(b): (2) A person may not have a firearm in the person's possession or on or about the person at a demonstration in a public place or in a vehicle that is within 1,000 feet of a demonstration in a public place after:
(i) the person has been advised by a law enforcement officer that a demonstration is occurring at the public place; and
(ii) the person has been ordered by the law enforcement officer to leave the area of the demonstration until the person disposes of the firearm.

It seems that you have to be advised that a public demonstration is occurring, and you have to be ordered to leave the area.

My son goes to a daycare that is also a k4-8th grade private school. I think I'm restricted because of the daycare portion lol.

 

[5pins]

So no picking up my wife (school teacher) from work even if I say in the car? That's how I read it.

 

[44Dan44]

Personally speaking, I fully expect all of the newly minted W&C permits to be en masse nullified by a Governors declared state of emergency. Don't mind me, I'm a real glass is half empty type these days.

Not that a gov't official would abuse the state of emergency powers

 

[ICW2019]

So no picking up my wife (school teacher) from work even if I say in the car? That's how I read it.

Park off property

 

[ICW2019]

In my situation it would be no carry in daycare but nothing about around as in on the property. Gun free school zone act doesn't apply to permit holders it just falls back down to state rules.

 

[TRON 2.0]

So no picking up my wife (school teacher) from work even if I say in the car? That's how I read it.

Sounds like that is the issue for Public schools. I guess it’s a good think I am getting raked over the coals to pay for private school. Technically not a restricted location, and I am only doing drop off and pickup, not going into the school.

 

[ICW2019]

If you do go inside make sure they don't have a infant and toddlers daycare setup.

 

[LoneWolf123]

I am personally confused about the rest stop thing. MSIs page makes it more confusing.

COMAR says “display or discharge”. To me that would mean if you are conceal carrying it is legal

Unless….

the rest stop has a no guns allowed sign… then it’s a no no


I plan on avoiding rest stops in the state. I’d rather shit myself than risk it. Lol


We got any lawyers on here who can break this down for us.

 

[6-Pack]

I am personally confused about the rest stop thing. MSIs page makes it more confusing.

COMAR says “display or discharge”. To me that would mean if you are conceal carrying it is legal

Unless….

the rest stop has a no guns allowed sign… then it’s a no no


I plan on avoiding rest stops in the state. I’d rather shit myself than risk it. Lol


We got any lawyers on here who can break this down for us.

I interpreted the rest area thing as no OC and no discharging, but concealed seems to be ok per COMAR.

IAAL, but this isn’t legal advice.

 

[LoneWolf123]

I interpreted the rest area thing as no OC and no discharging, but concealed seems to be ok per COMAR.

IAAL, but this isn’t legal advice.

I wouldn’t take legal advice from a guy with a name like 6-pack anyways. Lol.

 

[BigWilly]

No carrying at a state rest area, the weapon needs to be locked up in your vehicle when using the facilities. This is my understanding.

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[6-Pack]

I wouldn’t take legal advice from a guy with a name like 6-pack anyways. Lol.

It’s because of my washboard abs….

 

[rbird7282]

No carrying at a state rest area, the weapon needs to be locked up in your vehicle when using the facilities. This is my understanding.

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That's not what it says. Not displayed.

 

[LoneWolf123]

That's not what it says. Not displayed.

We need the legal definition of “display” as it relates to the comar. Trying to find something now.

 

[6-Pack]

We need the legal definition of “display” as it relates to the comar. Trying to find something now.

In the absence of a statutory (statues) or regulatory (regulations - COMAR) definition, the plain English definition controls. Not every word is defined within the Annotated Code of Maryland or COMAR.

It's like how you won't find a definition of "discharge" since it's plain English. However, you will find a definition of "firework" since that is a specific category of items (not "ground based sparkling devices"). I guess this means I can celebrate the 4th of July at a Maryland rest stop with sparklers - livin' the dream!

 

[GTOGUNNER]

Others will say a rest stop is a State building and therefore no guns. I disagree. I carry in the rest stop restrooms.


Sent from an undisclosed location.

 

[LoneWolf123]

In the absence of a statutory (statues) or regulatory (regulations - COMAR) definition, the plain English definition controls. Not every word is defined within the Annotated Code of Maryland or COMAR.

It's like how you won't find a definition of "discharge" since it's plain English. However, you will find a definition of "firework" since that is a specific category of items (not "ground based sparkling devices"). I guess this means I can celebrate the 4th of July at a Maryland rest stop with sparklers - livin' the

Rgr.