Gansler Statement on Open Carry of Rifles

SPQM · Jun 19, 2016

I seem to recall that during the arguments against concealed carry in this state; Gansler issued a brief that basically said:

"It's okay to ban concealed carry, because maryland law allows the open carry of rifles" :innocent0

Does anyone have a copy of that brief?

I'm sure it's been uploaded onto this forum, but I don't know the exact key words to search for.

DC-W · Jun 19, 2016

https://www.mdshooters.com/showpost.php?p=4080221&postcount=52

POP57 · Jun 19, 2016

SPQM said:
I seem to recall that during the arguments against concealed carry in this state; Gansler issued a brief that basically said:

"It's okay to ban concealed carry, because maryland law allows the open carry of rifles"

Does anyone have a copy of that brief?

I'm sure it's been uploaded onto this forum, but I don't know the exact key words to search for.

There's another recent post about OC.
https://www.mdshooters.com/showthread.php?t=194951

There are also a couple in the Water Cooler but you wont have permissions there until you reach 50 posts.

SPQM · Jun 19, 2016

I'm not asking about the letters (they're great, thanks), but Gansler's stated opinion in one of the CCW briefs that the state can go "May Issue" on CCW because we allow unregulated OC of rifles. :innocent0

DC-W · Jun 19, 2016

SPQM said:
I'm not asking about the letters (they're great, thanks), but Gansler's stated opinion in one of the CCW briefs that the state can go "May Issue" on CCW because we allow unregulated OC of rifles.

http://www.scotusblog.com/case-files/cases/woollard-v-gallagher-2/

Sep 9 2013 Brief of respondents Denis Gallagher, et al. in opposition filed.

http://sblog.s3.amazonaws.com/wp-co...Woollard-v.-Gallagher-Brief-in-Opposition.pdf

1. Marylanders who are otherwise qualified to
own a firearm may possess, wear, carry, and
transport handguns for any purpose in their homes,
at their businesses, and on any property they own, all
without a permit. Md. Code Ann., Criminal Law
(“CR”) § 4-203(b)(6). Marylanders also may carry
handguns in public, without a permit, in connection
with a wide range of statutorily-enumerated activities,
including hunting, trapping, target shooting,
formal or informal target practice, sport shooting
events, certain firearms and hunter safety classes,
and organized military activities. CR § 4-203(b)(3)-(7).
Maryland law generally requires a permit to wear
and carry a handgun in public places for purposes
unconnected to these specified activities. CR § 4-
203(a), (b)(2). This permit requirement applies only to
handguns, not rifles, shotguns, or other “long guns.”

IANAL

gamer_jim · Jun 19, 2016

Wasn't this how they got ccw in Illinois? Or was that Wisconsin?

POP57 · Jun 19, 2016

gamer_jim said:
Wasn't this how they got ccw in Illinois? Or was that Wisconsin?

Texas got handgun OC because they already had a law stating rifles were OK. Many condemned those that OC'd rifles saying it would ruin it for everyone. Not so much....

SPQM · Jun 19, 2016

Thanks.

DC-W · Jun 19, 2016

gamer_jim said:
Wasn't this how they got ccw in Illinois? Or was that Wisconsin?

They got CCW in IL because there was no other legal option for one to carry a firearm of any kind in public.

While MD doesn't prohibit the open carry of rifles in public, law enforcement can still legally stop you. Your day will not be good.

jkeys · Jun 19, 2016

DC-W said:
They got CCW in IL because there was no other legal option for one to carry a firearm of any kind in public.

While MD doesn't prohibit the open carry of rifles in public, law enforcement can still legally stop you. Your day will not be good.

I wouldnt put it past MD police to shoot first and ask questions later if an individual or small group of individuals were open carrying. Get a group of 20 friends together to go for a walk and the police would probably respond more rationally.

GTOGUNNER · Jun 19, 2016

Since the video is staged, Some stuff doesn't matter. I surely hope that the first Deputy on the scene isn't enforcing laws that don't exist.
Only more open carry of Long Rifles will quell this matter. Once they get used to it, it won't be an issue.
The initial stop is probably not legal as the firearm is not concealed. Of course if someone heard gun shots in Downtown Frederick, and you were walking down the street
open carrying a long gun minding your own business, that is a different story.

RoadDawg · Jun 19, 2016

jkeys said:
I wouldnt put it past MD police to shoot first and ask questions later if an individual or small group of individuals were open carrying. Get a group of 20 friends together to go for a walk and the police would probably respond more rationally.

Yeah because EVERY ONE KNOWS that Police are just ITCHING to go shoot people first and ask questions later... W :sad20:

T

F

DC-W · Jun 19, 2016

GTOGUNNER said:
Since the video is staged, Some stuff doesn't matter. I surely hope that the first Deputy on the scene isn't enforcing laws that don't exist. Only more open carry of Long Rifles will quell this matter. Once they get used to it, it won't be an issue. The initial stop is probably not legal as the firearm is not concealed. Of course if someone heard gun shots in Downtown Frederick, and you were walking down the street open carrying a long gun minding your own business, that is a different story.

Many LEOs (I mean absolutely no offense to any here) do not understand the restrictions on MD Wear and Carry permits and some haven't even seen regular citizen permit holders.

Do you think that they're going to know that MD residents can sling a rifle on their back in public legally?

I'm all for normalization, but this is deep blue MD. Read the AG opinion letter about open carry up top and see just how much leeway law enforcement has in stopping you and asking you to leave and/or disarm.

As a practical matter of day-to-day self-defense, LGOC (open!) does not have a place in densely populated MD due to the likely LEO response to someone "with an assault rifle!" -- because it doesn't matter what kind of rifle it is. That will be the description and that will be the response.

jkeys · Jun 19, 2016

RoadDawg said:
Yeah because EVERY ONE KNOWS that Police are just ITCHING to go shoot people first and ask questions later... W T F

John Crawford was just killed two years ago by police who did just that. Someone called the cops on a man carrying a rifle and when the police showed up two officers shot him in the back. He was not doing anything unlawful.

lee2 · Jun 19, 2016

jkeys said:
John Crawford was just killed two years ago by police who did just that. Someone called the cops on a man carrying a rifle and when the police showed up two officers shot him in the back. He was not doing anything unlawful.

stop trying to make sense.

BeoBill · Jun 19, 2016

Unless you're WAY out in the country, every Old Biddy in Crocs or CPM is going to call in "a man with an assault rifle" that will result in a VERY intense discussion. Every 100 yards or so. All along your route. It's just the way it is now - everyone is hiding under the bed, and the marginally loopy have been pushed over the edge into paranoia by the media.

rob-cubed · Jun 19, 2016

If I had any confidence that:

a) My firearm would not be confiscated, and
b) I wouldn't be detained for questioning at a station

I'd seriously consider OC'ing a rifle.

But at some point LEOs would find something to charge you with... public disturbance or some such. Maybe not the first time they show up, but definitely by the second. It's a shame that the sight of a man with a gun would result in an avalanche of 911 calls, but we all know it would.

RoadDawg · Jun 19, 2016

lee2 said:
jkeys said:

John Crawford was just killed two years ago by police who did just that. Someone called the cops on a man carrying a rifle and when the police showed up two officers shot him in the back. He was not doing anything unlawful.

Click to expand...

stop trying to make sense.

Because citing one single 2 year old incident, with no other information, in an attempt to impugn the good character thousands of folks who have done nothing wrong while wearing a badge... IS a failed attempt at making ANY sense.

Whereas... NOT lumping all of LE into a ridiculous assertion, postulating that they all want to kill open carriers on sight with no investigation necessary... WOULD make sense.

If anti-gunners were right about gun owners... there would be no anti-gunner left alive.
If the inane postulation that LEOs were waiting to "shoot first and ask questions later" were true... There would be blood running in the streets right this minute.

Let's get real and save the ******** hysteria for the libtards to spew out. They seem to think it is a great way to present their arguments. WE should be better than that.

BeoBill · Jun 19, 2016

rob-cubed said:
If I had any confidence that:

a) My firearm would not be confiscated, and
b) I wouldn't be detained for questioning at a station

I'd seriously consider OC'ing a rifle.

But at some point LEOs would find something to charge you with... public disturbance or some such. Maybe not the first time they show up, but definitely by the second. It's a shame that the sight of a man with a gun would result in an avalanche of 911 calls, but we all know it would.

The sheep have been heavily conditioned to report sightings. And soil themselves.

Blacksmith101 · Jun 20, 2016

BeoBill said:
Unless you're WAY out in the country, every Old Biddy in Crocs or CPM is going to call in "a man with an assault rifle" that will result in a VERY intense discussion. Every 100 yards or so. All along your route. It's just the way it is now - everyone is hiding under the bed, and the marginally loopy have been pushed over the edge into paranoia by the media.

This past weekend the National Guard was doing some training on Fair Hill Natural Resource Management Area in Cecil County. It apparently involved walking around in Camo Uniforms and at least some were carrying AR lok alike training dummies made out of orange rubber. As of this afternoon the rangers had received at least two calls reporting "Man in camouflage with a gun." When one woman caller was asked if the gun was orange she said "I don't know what color it was I was too upset to notice." :sad20:

The sheeple are stupid and have no idea what is legal or not.

Perhaps we need to start the education process by carrying imitation long guns everywhere we go until the sheeple get used to the idea. I don't think the police will bother confiscating fake training rifles.

Gansler Statement on Open Carry of Rifles

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