Blue v. PG County. Attached.
Following that, actually... just checking here- as a private property owner, guests can carry anywhere within the bounds of my private property, correct, not just indoors? Why are the rules different for leased property on which a business is operated?
Designated collectors may also informally exhibit. Whatever that means.
No, "bona fide collectors" can transport to public or private exhibitions. As has been covered ad nauseum elsewhere, the Designated Collector status only affects your ability to buy more than one regulated firearm per month. Anyone can act in good faith (bona fide) as a collector and benefit from the exhibition exemption. And a Designated Collector who is not acting in good faith gets no benefit from the exemption.
That was not my understanding (I assume you are defining "anyone" as someone who does NOT have a designated collector status from the MSP). Do you have support for that? I have not found any definition for "bona fide collectors" for purposes of 4-203. To assume that anyone can be a bona fide collector seems questionable, given the structure and intent of 4-203
A Designated Collector is a status granted to an individual by the Maryland State Police. This status allows the individual to purchase more than one firearm at a time. This status does not grant any additional privileges or expedite the processing time required for a regulated firearms purchase.
DC status is nothing to do with 4-203. It is for Public Safety Article 5-129. From the MDSP FAQ:
For additional info about DC status, see COMAR 29.03.01.25. DC only pertains to purchasing, not 4-203.
For the definition of "bona fide", which is not defined in the law (like so many other terms used in MD Code), we are forced to rely on the ordinary meaning. See, for instance, Black's Law Dictionary.
That aside, it may help with a judge and/or jury to say, "I was given status as a designated collector by MSP, so that proves I am a bona fide collector." But if you're not acting in good faith as a collector when you are actually engaged in transporting the firearms in question, that defense goes out the window. And you are not required to be a Designated Collector to be a collector acting in good faith.
So what you are left with is that, while having your DC letter may help as evidence in your favor, it is neither necessary nor sufficient with reference to 4-203.
The GA is simply throwing out these vague terms that allow prosecution at the whim and caprice of the prosecutor.
well if you own 100 firearms but have no DC letter, are younot a bona fide collector in the eyes of the law?
If MSP has designated you as a collector, those would be bona fides. No?
bo·na fide
ˌbōnə ˈfīdē/
adjective
1.
genuine; real.
"only bona fide members of the company are allowed to use the logo"
synonyms: authentic, genuine, real, true, actual; More
adverbLAW
1.
sincerely; without intention to deceive.
"the court will assume that they have acted bona fide"
Yes, exactly, having a state-recognized status as a collector will likely mean that the LEO and the State's Attorney will conclude that the person is a "bona fide" collector. That thus means that the person will more likely avoid arrest and/or prosecution, assuming (as always) that he/she is otherwise within the scope (exhibition) of the exception and not off on some personal lark or using it as a general carry permit. The point is that since 4-203 does not define bona fide collector it is reasonable to look to other, related sections of the MD Code for help in the definition of "collector", hence the use of 5-129 for that purpose. I quite agree that a "bona fide collector" is NOT necessarily limited to persons having DC status under 5-129. I am suggesting that DC status makes it easier to prove bona fide collector status for purposes of 4-203 and may help avoid arrest and prosecution. It's better than lugging around my Black's Law Dictionary (which is too heavy for me to carry around and which the LEO may not find very persuasive). That all said, the MSP could issue regs on the meaning of "bona fide" or someone could bring a declaratory judgment action and get some clarity. The GA is simply throwing out these vague terms that allow prosecution at the whim and caprice of the prosecutor.
A Designated Collector is a status granted to an individual by the Maryland State Police. This status allows the individual to purchase more than one firearm at a time. This status does not grant any additional privileges or expedite the processing time required for a regulated firearms purchase.
Are you willing to risk your freedom and your ability to ever own a firearm again to your interpretation?