Gun owner arrested for his child's stupidity

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  • Tomcat

    Formerly Known As HITWTOM
    May 7, 2012
    5,573
    St.Mary's County
    Just heard that he is the FFL Ducks Unlimited uses for the gun bash at the Hollywood VFD next week.
     

    jonnyl

    Ultimate Member
    Sep 23, 2009
    5,969
    Frederick
    17fdd9fe-aaab-4f8d-b51e-ce3eb953babe.jpg

    Based on the presence of the passports, particularly the red one, this appears to be from the fathers night stand. Article only mentions handguns being found in the children's night stands' but shows a picture that I don't feel doesn't demonstrate that. Not trying to defend anything but I am very hesitant with the media, even local.

    Post 8 quotes the law as "loaded". The mag isn't in so I don't think it's technically loaded. If the ones in the other room were in the same state I wouldn't see the charge sticking.

    As others have said, if be interested to know the context of the conversation that started the investigation.
     

    iggy

    Banned
    BANNED!!!
    Feb 26, 2013
    2,168
    Post 8 quotes the law as "loaded". The mag isn't in so I don't think it's technically loaded. If the ones in the other room were in the same state I wouldn't see the charge sticking.

    As others have said, if be interested to know the context of the conversation that started the investigation.

    I’m not sure, but I think that MD law is regarding long arms. I think handguns in possession of an unsupervised minor are always illegal in MD.

    Having said that, if he were an adult driving in a car having a gun and load mag in that close proximity would get you busted in MD. As for the context of the initial conversation, if these two had actually committed a school shooting afterward he police, SRO, and the school system would all be getting reamed for ignoring it. Since it turns out these kids had access to guns it seems like the warrant was the right call.
     

    Rab1515

    Ultimate Member
    Patriot Picket
    Apr 29, 2014
    2,081
    Calvert
    I’m not sure, but I think that MD law is regarding long arms. I think handguns in possession of an unsupervised minor are always illegal in MD.

    Having said that, if he were an adult driving in a car having a gun and load mag in that close proximity would get you busted in MD. As for the context of the initial conversation, if these two had actually committed a school shooting afterward he police, SRO, and the school system would all be getting reamed for ignoring it. Since it turns out these kids had access to guns it seems like the warrant was the right call.

    Care to site any of that?
     

    iggy

    Banned
    BANNED!!!
    Feb 26, 2013
    2,168
    Care to site any of that?

    Sure

    msp FAQs said:
    ​Yes, however, Maryland and Federal laws require specific conditions be met while transporting a handgun. Please refer to Maryland Annotated Code, Criminal Law, Title 4, Section 203 for a detailed account of wearing, carrying, or transporting a handgun. You may access the Maryland General Assembly website at http://mlis.state.md.us/ You can access the Federal requirements through www.atf.gov and conduct a search for “27 Code of Federal Regulations, Part 178” and then look for “Transportation of Firearms.” The basic requirement during transport is the handgun must be unloaded and in an enclosed case or enclosed holster with the ammunition separate from the handgun AND you must be transporting the handgun to or from the locations listed in the statute.


    https://www.atf.gov/resource-center/docs/guide/state-laws-and-published-ordinances-2010-2011-maryland/download said:
    (d) Possession by person under age 21 years prohibited; exceptions.
    (1) Except as provided in paragraph (2) of this subsection, a person who is under the age of 21 years may not possess a regulated firearm or ammunition solely designed for a regulated fire- arm.
    (2) Unless a person is otherwise prohibited from possessing a regulated firearm, this sub- section does not apply to:
    (i) the temporary transfer or possession of a regulated firearm or ammunition solely designed for a regulated firearm if the person is:
    1. under the supervision of another who is at least 21 years old and who is not prohibited by State or federal law from possessing a firearm; and
    2. acting with the permission of the parent or legal guardian of the transferee or person in possession;
    (ii) the transfer by inheritance of title, and not of possession, of a regulated firearm;
    (iii) a member of the armed forces of the United States or the National Guard while per- forming official duties;
    (iv) the temporary transfer or possession of a regulated firearm or ammunition solely designed for a regulated firearm if the person is:
    1. participating in marksmanship training of a recognized organization; and
    2. under the supervision of a qualified instruct- or;
    (v) a person who is required to possess a reg- ulated firearm for employment and who holds a permit under Subtitle 3 of this title; or
    (vi) the possession of a firearm or ammunition for self-defense or the defense of others against a trespasser into the residence of the person in possession or into a residence in which the per- son in possession is an invited guest.
     

    iggy

    Banned
    BANNED!!!
    Feb 26, 2013
    2,168
    From reading the statute again, unloaded is unloaded. No where does it state or imply a loaded magazine cannot be located with the gun. Separate will require a definition.

    I wouldn’t want to be the test case that ends up making the precedent on this one.

    Seriously, I wish David the best. I sincerely hope the illegal transfer in particular is just a case of over charging or an administrative error.
    I seriously doubt his kid was actually going to do anything. But I don’t know the kid and the SRO thought it was a credible threat. The one thing I am surprised by is that he didn’t secure the weapons after the cops came to his house the first time.
     

    jimbo913

    Member
    Feb 24, 2018
    7
    So, let’s say someone has a small digital combination safe and their under 18 yr old kid “guesses” the combo or physically breaks it open. Would they be able to go after the parent in an instance like that?
     

    iggy

    Banned
    BANNED!!!
    Feb 26, 2013
    2,168
    So, let’s say someone has a small digital combination safe and their under 18 yr old kid “guesses” the combo or physically breaks it open. Would they be able to go after the parent in an instance like that?

    that should fall under the "illegally gained access" portion, so I don't think so.
     

    welder516

    Deplorable Welder
    MDS Supporter
    Jun 8, 2013
    27,416
    Underground Bunker
    And yet a stupid kid can say something and all hell breaks loose , with no law being broken and a illegal alien has rights even after being here by breaking law . Yes the madness has begun for sure .
     

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