OC traffic stop in O.C.

[Allen65]

FIND ME A STATUTE THAT SAYS OPEN CARRY IS NOT PERMITTED.

Of course there isn't one, under 4-203 or other sections of firearm-specific law. But they say display of a firearm violates the law by creating a Public Nuisance, or say it's a form of Assault because sight of a gun induces fear in some people.

 

[swinokur]

Who said that?

Who is they say?

Who was arrested ?

So you’re breaking the law by following the law?

Joey Bagodonuts doesn’t count

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[PapiBarcelona]

“The next officer might not be so cordial”???
That’s a ridiculous statement. Because he’s ignorant he’s entitled to take you to the pavement?

Nah man, in my uneducated opinion it's going to be super rare to see a cop go over the top use of force to detain you just for seeing open carry and nothing else (like the OP).

No cop is risking getting fired, having the local "activist" DA licking their chops on charges, and finally for you, having your lawyer coach you on the verbiage about your cuts, scrapes and sore joints so he can get a bigger payout from the local.gov in the civil case.

Speaking of use of force, I'd imagine in Maryland (and maybe most of the country?) that even a cop unholstering and pointing a firearm at you, as in drawing down on you is a use of force which probably just means they have to write up a report.

 

[Mr. Anderson]

When I went to the MSI meeting I opened carried. Grabbed gas and food on my way home and was perfectly fine.
I’m not opposed to OC. I will probably only do it certain times. But I won’t shy away from it in fear of the Libtards coming after me like some witch hunt.
Some of the people posting really seem like they shouldn’t even carry
Because they truly don’t support the right. They fear too much

 

[teratos]

Nah man, in my uneducated opinion it's going to be super rare to see a cop go over the top use of force to detain you just for seeing open carry and nothing else (like the OP).

No cop is risking getting fired, having the local "activist" DA licking their chops on charges, and finally for you, having your lawyer coach you on the verbiage about your cuts, scrapes and sore joints so he can get a bigger payout from the local.gov in the civil case.

Speaking of use of force, I'd imagine in Maryland (and maybe most of the country?) that even a cop unholstering and pointing a firearm at you, as in drawing down on you is a use of force which probably just means they have to write up a report.

Have you watched any 1A audits?

 

[trickg]

Coming into this thread a bit late - this has probably been discussed somewhere already but this is my hot take on it after reading the original post.

One of the things that I find surprising regarding MD law enforcement is that you would think that after such a major decision that has affected the law of the entire Nation in a fairly profound way, (well, more for the 6 states who were holdouts on either shall issue or constitutional carry) is that there doesn't appear to have been any kind of move by the law-enforcement agencies to hold special training to insure that their officers know and understand the ABC's of the new laws in the wake of the Bruen Decision.

Clearly the officer didn't understand what W&C means in regard to our own permitting system, but he should have. Regardless, as far as I know it has never been illegal to open carry in MD - most officers apparently don't know that either.

 

[Blaster229]

Same shit rehashed over and over and over and over. There should be a thread ignore option

COMAR! COMAR! COMAR! People shouting COMAR not even knowing what it is.

 

[swinokur]

They are working on it lol


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[swinokur]

I don’t blame the individual officers for not knowing

Poor leadership is the reason


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[Harrys]

This is how I see it going. Open carry will probably be banned. And then those of us who want to conceal might get charged when our shirt rides up over the grip and exposes our gun.

That is what a leather vest and shoulder rig is for no peak.

 

[Applehd]

These are, what I believe to be, the pertinent sections of Md. Code covering carrying a firearm in Maryland. The MGA intentionally makes laws vague. This is no secret. When you read each statute and intermingle them... you come up with something that is totally un-explainable to the law enforcement officer on the side of the road.

Md. Code, Criminal Law § 4-201
a) In this subtitle the following words have the meanings indicated.
(c)(1) “Handgun” means a pistol, revolver, or other firearm capable of being concealed on the person.

Md. Code, Pub. Safety §4–203.
(a) (1) Except as provided in subsection (b) of this section,...
(b) This section does not prohibit:...

(2) the wearing, carrying, or transporting of a handgun, 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;

Maryland Code, Criminal Law § 4-206
(a) (1) A law enforcement officer may make an inquiry and conduct a limited search of a person under
paragraph (2) of this subsection if the officer, in light of the officer's observations, information, and
experience, reasonably believes that:

(i)  the person may be wearing, carrying, or transporting a handgun in violation of § 4-203 of this subtitle;

(b) (1) If the officer discovers that the person is wearing, carrying, or transporting a handgun, the officer may
demand evidence from the person of the person's authority to wear, carry, or transport the handgun in
accordance with § 4-203(b) of this subtitle.

Public Safety Article Title 5, Subtitle 3

Md. Code, Pub. Safety §5-301
(a) In this subtitle the following words have the meanings indicated.
(b) "Handgun" has the meaning stated in §4-201 of the Criminal Law Article.
(c) "Permit" means a permit issued by the Secretary to carry, wear, or transport a handgun.

 

[fishgutzy]

Open carry IS illegal in Florida.

Unless one is hunting or fishing. Then it is legal.

 

[swinokur]

Just walk around with a fishing rod in your shoulder

You’ll be fine


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[Blaster229]

So you are traveling freely down a public road and a OC police officer stops and detains you for legally carrying a firearm because he doesn’t know the law?

But allows public drunkenness, drinking and nudity in front of children on the beach, and other various violations…

So, the cops should have an echelon line of 40 officers skimming the beach dress right dress looking for such things? You ever go on a beach before?

 

[jc1240]

I don’t blame the individual officers for not knowing

Poor leadership is the reason


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And too many laws to keep track.

 

[swinokur]

Agreed


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[joppaj]

... to hold special training to insure that their officers know and understand the ABC's of the new laws in the wake of the Bruen Decision.

Regardless, as far as I know it has never been illegal to open carry in MD - most officers apparently don't know that either.

I think you answered your own question. This isn't a new law. Nothing changed once you got your permit, just a lot more people finally getting permits.

I'd also be curious if OC still has their summer seasonal help employed. Doesn't excuse not knowing the law but it cuts way down on what the officer may have experienced.

 

[JollyPedro]

I don’t blame the individual officers for not knowing

Poor leadership is the reason


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Exactly this!! Most officers have probably heard the news, and made their own opinions, but are waiting for clear direction from their leadership, who have likely failed to act.

 

[Blaster229]

I think you answered your own question. This isn't a new law. Nothing changed once you got your permit, just a lot more people finally getting permits.

I'd also be curious if OC still has their summer seasonal help employed. Doesn't excuse not knowing the law but it cuts way down on what the officer may have experienced.

I think they keep them through October. Sunfest and Winefest go on then I believe.

 

[pbharvey]

Nah man, in my uneducated opinion it's going to be super rare to see a cop go over the top use of force to detain you just for seeing open carry and nothing else (like the OP).

No cop is risking getting fired, having the local "activist" DA licking their chops on charges, and finally for you, having your lawyer coach you on the verbiage about your cuts, scrapes and sore joints so he can get a bigger payout from the local.gov in the civil case.

Speaking of use of force, I'd imagine in Maryland (and maybe most of the country?) that even a cop unholstering and pointing a firearm at you, as in drawing down on you is a use of force which probably just means they have to write up a report.

The fact that one cop says another cop might not be so cordial means that the first cop is expecting his coworker to use force on someone open carrying.
The cop sounds more paranoid than us about a cop being “uncordial.”