Carry vs Transporting

3rdRcn · Dec 20, 2017

swinokur said:
Most of my posts that involve legal issues contain the tag that IANAL. Guess what that means?. It was not offered as legal advice, just my opinion that you apparently either missed or didn't comprehend.

Maybe you missed that.

I did miss it but you continue to interpret the law and make it sound as if you are a lawyer and are familiar with what the law makers meant when they wrote the law. Either way, good luck should you get arrested for it in Maryland.

rbird7282 said:
Nonsense.

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rbird7282 said:
No it doesn't. If it were not allowed it would be written in the law. Please stop reading things into the law that aren't there.

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You practice law here in Maryland and can quote me case law that supports your assumption? I am not reading anything into this, it seems pretty specific to me.

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 holste

If you stop somewhere in between you are then transporting it from the place you stopped not from the authorized place that you can travel "to or from". Seems pretty much common sense to me but I'm not a lawyer nor do I have case law that supports my opinion, all I have is a comprehension of the english language.

swinokur · Dec 20, 2017

What part of IANAL are you failing to comprehend?

Interpret as you wish

Mark75H · Dec 20, 2017

lazarus said:
One thing to keep in mind, especially the hunting provision. A lot of guys I know head out of the woods at lunch and grab lunch at a near by restaurant. That would almost certainly be a big no on the transport thing. Whether legal or not, I had the former game warden who taught my hunter safety class tell us he has seen (and personally) arrested guys for doing that kind of thing. Usually in conjunction with them be dumb enough they forgot to take their holster or handgun and holster off when they got out of their vehicle for a bite to eat.

Successful prosecution? Don’t know. Probably still screwed those guys over no matter the final outcome.

How many people hunt from a vehicle with a handgun in MD?

Seems like this would be the only group affected.

lazarus · Dec 20, 2017

Mark75H said:
How many people hunt from a vehicle with a handgun in MD?

Seems like this would be the only group affected.

Those who forget they are carrying. Former game warden said it was more common than you’d think that they’d have a heavy jacket on, would cover their holster and they’d forget about it when they got in their car and drove to a dinner or whatever.

Which doesn’t mean it is zillions of times. You work 30 odd years in a job, the stuff comes up every once in awhile I am sure.

Adolph Oliver Bush · Dec 20, 2017

OverTheTop said:
God this makes me facepalm so hard. Transporting a handgun shouldn't be this complicated.

You can do something about the gun laws in this state. Show up and testify at gun bills this next legislative session, write your legiscritters, join and donate to Maryland Shall Issue, and come out to a Patriot Picket event.

Adolph Oliver Bush · Dec 20, 2017

I have to tell you, I've never seen an IP rag on a fellow member before, much less twice in the same thread.
Swinokur is a great and frequent contributor to this forum, and has cred in my book because of his continued efforts to fight the antis in this state.

He carries the 2A flame at HPRB meetings, Gun Bill days, and walks the Patriot Picket line on aftermarket legs for crying out loud cuz he lost his OE legs when a burning building collapsed on him as he was fighting a fire.

I'd work hard to project the best possible image of my business if i ran one, but i dont. Then again IANAL either.....

swinokur · Dec 20, 2017

not exactly, not my fire service but do really appreciate the shout out

Adolph Oliver Bush · Dec 21, 2017

You're welcome. Now all I have to do is have a word with that fellow MD shooter that misinformed me!

swinokur · Dec 21, 2017

at least that would be a better reason.

Bob A · Dec 21, 2017

3rdRcn said:
. . . I'm not a lawyer nor do I have case law that supports my opinion, all I have is a comprehension of the english language.

Puts you a few steps ahead of our legislators, it seems to me. Few of Maryland's supermajority have either comprehension of, or respect for, the supreme law of the land.

swinokur · Dec 21, 2017

comprehension is a subjective concept.

3rdRcn · Dec 21, 2017

Adolph Oliver Bush said:
I have to tell you, I've never seen an IP rag on a fellow member before, much less twice in the same thread.
Swinokur is a great and frequent contributor to this forum, and has cred in my book because of his continued efforts to fight the antis in this state.

He carries the 2A flame at HPRB meetings, Gun Bill days, and walks the Patriot Picket line on aftermarket legs for crying out loud cuz he lost his OE legs when a burning building collapsed on him as he was fighting a fire.

I'd work hard to project the best possible image of my business if i ran one, but i dont. Then again IANAL either.....

You know nothing about me and obviously have no knowledge of my efforts in fighting for your rights in this state since WAY before you decided to join us and help. Since you don't know me I will tell you a little about me, I have no problem having discussion with someone especially when they have as much "cred" as swinokur does and he is misinforming people instead of stating that it is in his opinion. Saying IANAL and then giving an interpretation of the law doesn't give you a pass when folks like yourself are going to read threads like this and get arrested for doing something that is against the law.

I have had this and the other laws that pertain to the handgun statutes interpreted by lawyers, a few of them actually, for the classes I give and they have interpreted it exactly as I have stated. They are criminal defense attorneys also, in case you were wondering and they also happen to specialize in the 2A laws here in Maryland. Unlike other folks on this forum that post things and have nothing more but what their buddy told them or a belief that they are right, I have actually consulted legal professionals practicing law in my state. I do this so that when I teach this in my classes, I am giving students the best possible information I can give them to keep them from losing their 2A rights in a socialist state like this one.

As far as being an industry partner goes, look at the last class I posted prior to making the comment. I do not rely on the members of this forum to populate my classes for one and I would hope that, unlike yourself, they would appreciate me sharing the knowledge I have from actual lawyers and not the guy at the gun shop. If you don't appreciate that then I'm sorry and you should follow their advise and stop wherever you want and not worry about it and so should everyone else that wants to be the test case for the law and what the law makers intent was.

Short of that, I am who I am and I say what I think, sorry if you didn't like it but it won't be stopping anytime soon.

3rdRcn · Dec 21, 2017

swinokur said:
comprehension is a subjective concept.

so true

especially in this state.

swinokur · Dec 21, 2017

All posts on the forum are opinions. None of them are facts.

Take any post for what it's worth.

Since there is no case law, all of these posts are non legal opinions.

I don't know how much can be misunderstood when I state IANAL.

That makes my posts and even the lawyers' interpretations an opinion

RIF

3rdRcn · Dec 21, 2017

swinokur said:
All posts on the forum are opinions. None of them are facts.

Take any post for what it's worth.

Since there is no case law, all of these posts are non legal opinions.

Agreed

swinokur · Dec 21, 2017

Let's get the AG to issue an opinion

3rdRcn · Dec 21, 2017

swinokur said:
Let's get the AG to issue an opinion

That would be Frosh and his monions, you sure you wanna do that?

swinokur · Dec 21, 2017

It would probably be the Asst AG assigned to MSP. At least it would settle the issue.

3rdRcn · Dec 21, 2017

Give it a shot, at least then we would have aan official opinion instead of a lawyers opinion.

swinokur · Dec 21, 2017

Only a member of the MGA can request an AG opinion

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