Annapolis coffee shop employee rested for carrying concealed...

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  • mxrider

    Former MSI Treasurer
    Aug 20, 2012
    3,045
    Edgewater, MD
    I'm fairly certain this is not correct. The law states you can carry at work, in your facility, if you are the owner of the business. Nothing is stated about carrying with the owners permission as an employee.

    You are confusing carry laws with transport laws. A supervisory employee may carry at work with permission from their employer, however, there is nothing allowing him to transport his firearm to work unless he is the owner of the business.
     

    RoadDawg

    Nos nostraque Deo
    Dec 6, 2010
    94,053
    Well, the handcuffs makes it a little weird. Seems to me something is off and there is more.

    The handcuffs thing reminds me of cases where folks wanted to be and pretend to be Police. Impersonating a Police Officer is a serious problem.

    This sounds more involved than simply a person wanting to protect his fellow employees and stupidly carrying a firearm at work without the necessary permit and approval of his employer.

    He has brought negative attention to the gun owners of the state in a state where we cannot afford any more negative attention.

    Sucks to be him. Sucks for the rest of us as well.
     

    AliasNeo07

    Ultimate Member
    Feb 12, 2009
    6,523
    MD
    I'm fairly certain this is not correct. The law states you can carry at work, in your facility, if you are the owner of the business. Nothing is stated about carrying with the owners permission as an employee.

    This is interesting. Why then when I walk into many gun shops is every employee carrying? I doubt they have permits.
     

    DC-W

    Ultimate Member
    Patriot Picket
    Jan 23, 2013
    25,290
    ️‍
    http://mgaleg.maryland.gov/webmga/f...on=4-203&ext=html&session=2019RS&tab=subject5


    §4–203.

    (a) (1) Except as provided in subsection (b) of this section, a person may not:

    (i) wear, carry, or transport a handgun, whether concealed or open, on or about the person;

    (ii) wear, carry, or knowingly transport a handgun, whether concealed or open, in a vehicle traveling on a road or parking lot generally used by the public, highway, waterway, or airway of the State;

    (iii) violate item (i) or (ii) of this paragraph while on public school property in the State;

    (iv) violate item (i) or (ii) of this paragraph with the deliberate purpose of injuring or killing another person; or

    (v) violate item (i) or (ii) of this paragraph with a handgun loaded with ammunition.

    (2) There is a rebuttable presumption that a person who transports a handgun under paragraph (1)(ii) of this subsection transports the handgun knowingly.

    (b) This section does not prohibit:

    (1) the wearing, carrying, or transporting of a handgun by a person who is authorized at the time and under the circumstances to wear, carry, or transport the handgun as part of the person’s official equipment, and is:

    (i) a law enforcement official of the United States, the State, or a county or city of the State;

    (ii) a member of the armed forces of the United States or of the National Guard on duty or traveling to or from duty;

    (iii) a law enforcement official of another state or subdivision of another state temporarily in this State on official business;

    (iv) a correctional officer or warden of a correctional facility in the State;

    (v) a sheriff or full–time assistant or deputy sheriff of the State; or

    (vi) a temporary or part–time sheriff’s deputy;

    (2) the wearing, carrying, or transporting of a handgun, in compliance with any limitations imposed under § 5–307 of the Public Safety Article, by a person to whom a permit to wear, carry, or transport the handgun has been issued under Title 5, Subtitle 3 of the Public Safety Article;

    (3) 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 holster;

    (4) the wearing, carrying, or transporting by a person of a handgun used in connection with an organized military activity, a target shoot, formal or informal target practice, sport shooting event, hunting, a Department of Natural Resources–sponsored firearms and hunter safety class, trapping, or a dog obedience training class or show, while the person is engaged in, on the way to, or returning from that activity if each handgun is unloaded and carried in an enclosed case or an enclosed holster;

    (5) the moving by a bona fide gun collector of part or all of the collector’s gun collection from place to place for public or private exhibition if each handgun is unloaded and carried in an enclosed case or an enclosed holster;

    (6) the wearing, carrying, or transporting of a handgun by a person on real estate that the person owns or leases or where the person resides or within the confines of a business establishment that the person owns or leases;

    (7) the wearing, carrying, or transporting of a handgun by a supervisory employee:

    (i) in the course of employment;

    (ii) within the confines of the business establishment in which the supervisory employee is employed; and

    (iii) when so authorized by the owner or manager of the business establishment;

    (8) the carrying or transporting of a signal pistol or other visual distress signal approved by the United States Coast Guard in a vessel on the waterways of the State or, if the signal pistol or other visual distress signal is unloaded and carried in an enclosed case, in a vehicle; or

    (9) the wearing, carrying, or transporting of a handgun by a person who is carrying a court order requiring the surrender of the handgun, if:

    (i) the handgun is unloaded;

    (ii) the person has notified the law enforcement unit, barracks, or station that the handgun is being transported in accordance with the court order; and

    (iii) the person transports the handgun directly to the law enforcement unit, barracks, or station.

    (c) (1) A person who violates this section is guilty of a misdemeanor and on conviction is subject to the penalties provided in this subsection.

    (2) If the person has not previously been convicted under this section, § 4–204 of this subtitle, or § 4–101 or § 4–102 of this title:

    (i) except as provided in item (ii) of this paragraph, the person is subject to imprisonment for not less than 30 days and not exceeding 3 years or a fine of not less than $250 and not exceeding $2,500 or both; or

    (ii) if the person violates subsection (a)(1)(iii) of this section, the person shall be sentenced to imprisonment for not less than 90 days.

    (3) (i) If the person has previously been convicted once under this section, § 4–204 of this subtitle, or § 4–101 or § 4–102 of this title:

    1. except as provided in item 2 of this subparagraph, the person is subject to imprisonment for not less than 1 year and not exceeding 10 years; or

    2. if the person violates subsection (a)(1)(iii) of this section, the person is subject to imprisonment for not less than 3 years and not exceeding 10 years.

    (ii) 1. Except as provided in subsubparagraph 2 of this subparagraph, the court may not impose less than the applicable minimum sentence provided under subparagraph (i) of this paragraph.

    2. If the person violates subsection (a)(1)(v) of this section, the court may not suspend any part of or impose less than the applicable mandatory minimum sentence provided under subparagraph (i) of this paragraph.

    (iii) Except as provided in § 4–305 of the Correctional Services Article, if the person violates subsection (a)(1)(v) of this section, the person is not eligible for parole during the mandatory minimum sentence.

    (iv) A mandatory minimum sentence under subparagraph (ii)2 of this paragraph may not be imposed unless the State’s Attorney notifies the defendant in writing at least 30 days before trial of the State’s intention to seek the mandatory minimum sentence.

    (4) (i) If the person has previously been convicted more than once under this section, § 4–204 of this subtitle, or § 4–101 or § 4–102 of this title, or of any combination of these crimes:

    1. except as provided in item 2 of this subparagraph, the person is subject to imprisonment for not less than 3 years and not exceeding 10 years; or

    2. A. if the person violates subsection (a)(1)(iii) of this section, the person is subject to imprisonment for not less than 5 years and not exceeding 10 years; or

    B. if the person violates subsection (a)(1)(iv) of this section, the person is subject to imprisonment for not less than 5 years and not exceeding 10 years.

    (ii) 1. Except as provided in subsubparagraph 2 of this subparagraph, the court may not impose less than the applicable minimum sentence provided under subparagraph (i) of this paragraph.

    2. If the person violates subsection (a)(1)(v) of this section, the court may not suspend any part of or impose less than the applicable mandatory minimum sentence provided under subparagraph (i) of this paragraph.

    (iii) Except as provided in § 4–305 of the Correctional Services Article, if the person violates subsection (a)(1)(v) of this section, the person is not eligible for parole during the mandatory minimum sentence.

    (iv) A mandatory minimum sentence under subparagraph (ii)2 of this paragraph may not be imposed unless the State’s Attorney notifies the defendant in writing at least 30 days before trial of the State’s intention to seek the mandatory minimum sentence.
     

    Jim12

    Let Freedom Ring
    MDS Supporter
    Jan 30, 2013
    33,789
    Above bolded.


    If they are unable to take firearms on a large scale they can place fear into the hearts of anyone owning or thinking of owning a firearm, I believe this has been mentioned before. Anyone suspected of a gun charge can have their collection confiscated and be put in need of an attorney (financial burden).

    Or, wait for it .... red flag the person. I am wondering what Frosh would want done in this case? One would have to be crazy to CC in Annapolis, in this climate, without permission, however, probably not a threat.


    ICBW

    Isn't this a case for Wes Adams, the Republican, pro-2A S.A. in pro-2A A.A. Co.?
     

    Vswillj1

    Member
    Oct 1, 2018
    88
    He violated

    (7) the wearing, carrying, or transporting of a handgun by a supervisory employee:

    (i) in the course of employment;

    (ii) within the confines of the business establishment in which the supervisory employee is employed; and

    (iii) when so authorized by the owner or manager of the business establishment;


    He is just a regular customer service rep. Didn’t have permission from the owner.



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