W&C Restrictions

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  • Deep Thought

    Active Member
    Jan 27, 2013
    575
    Columbia, MD
    So while I don't have a W&C (thanks MD), I had the opportunity to view one recently. One of the restrictions read something like "Not valid where firearms are prohibited." But I note it didn't say "by law".

    I'm guessing this is on purpose to create ambiguity? Would then local mere "policy" then have the force of law invalidating a W&C?

    Just curious... Have been considering applying (if I can meet the G&S hoops), but this seems an important question as to the usefulness. Sorry if this was discussed elsewhere, I couldn't find it. (And yes I know 'concealed is concealed'... but more interested in the legality not practicality - risk avoider here.)
     

    mxrider

    Former MSI Treasurer
    Aug 20, 2012
    3,045
    Edgewater, MD
    I'm fairly confident that all restrictions now state "by law" at the end after a lot of work by some people.

    Sent from my SM-G920V using Tapatalk
     

    mxrider

    Former MSI Treasurer
    Aug 20, 2012
    3,045
    Edgewater, MD
    Completely agree. However in this case without the "by law" added to the restriction, one could be concerned that mere policy is given the force of law.
    And EXACTLY why we worked so hard to have "By Law" added. Prior to this, a "No Firearm" sign could put you at risk.

    Sent from my SM-G920V using Tapatalk
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,376
    Westminster USA
    But even if a a sign is not law, ignoring a request to leave private property could result in a trespass charge.

    Just to be clear.
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,376
    Westminster USA
    What MXrider is pointing out is that in MD a sign has no force of law so simply carrying in a posted establishment is not a law violation so you have not broken the law.

    Not leaving when asked can get you a trespass charge, which is a violation of law.

    He was pointing out the reason for the wording change .
     

    Deep Thought

    Active Member
    Jan 27, 2013
    575
    Columbia, MD
    But even if a a sign is not law, ignoring a request to leave private property could result in a trespass charge.

    Just to be clear.

    Ignoring a direct request, or perhaps missing a discrete sign? Could one catch a trespassing charge for legally carrying in such a 'policy forbidden' location?
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,376
    Westminster USA
    If you are asked to leave private property for any reason and don’t comply, you COULD be charged with trespassing.

    Sign or no signs
     

    mxrider

    Former MSI Treasurer
    Aug 20, 2012
    3,045
    Edgewater, MD
    Ignoring a direct request, or perhaps missing a discrete sign? Could one catch a trespassing charge for legally carrying in such a 'policy forbidden' location?
    From my understanding (IANAL), a trespass charge cannot be given until you have been asked to leave and you refuse to.

    Sent from my SM-G920V using Tapatalk
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,376
    Westminster USA
    My understanding as well. So ignoring the sign is not in and of itself a law violation.

    Not leaving when requested to IS

    IANAL either
     

    Hakuna Matata

    Active Member
    May 14, 2014
    196
    My permit says "by law" and I agree with the others, simply disobeying a sign shouldn't constitute a trespassing charge, but refusing to leave after being asked/told to leave can and probably should result in a trespassing charge, especially if it's private property.
     

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