MD law Section 4-203

rambling_one · Jan 2, 2011

Kharn said:
Don't stop.
You may be able to convince a jury to let you off, but that will cost you a lot of time and money.

Telling a guy with prostate problems he can't stop to pee is down right cruel. It takes me just under two hours from Bowie to the house of my shooting pal in Jefferson. There's just no way, Jose.

randomjoe · Jan 2, 2011

I'm still confused why anyone would carry and unloaded pistol on themselves anyway.

rpker · Jan 2, 2011

randomjoe said:
I'm still confused why anyone would carry and unloaded pistol on themselves anyway.

because if you carry a loaded firearm in MD you are a criminal, and that in itself is WRONG...come on shall issue!!!

Rattlesnake46319 · Jan 2, 2011

rpker said:
because if you ~~carry a loaded~~ own firearm in MD you are a criminal, and that in itself is WRONG...come on shall issue!!!

Fixed.

And we're getting there. Slowly, but we're getting there.

Markp · Jan 2, 2011

randomjoe said:
I'm still confused why anyone would carry and unloaded pistol on themselves anyway.

How long do you think it would take to put the magazine in.... If my spidey sense was tingling, it would already be in there. While you cannot predict all danger, I would rather have access to a firearm and never load it than to not have one at all. I carry by the law whenever I am legally allowed to.

Mark

CharlieFoxtrot · Jan 3, 2011

As mentioned there is zero case law on whether you can stop or not. IIRC there is only one case on the definition of "enclosed holster." In that case the Court held that a pistol being carried in a grocery bag/ paper bag did not meet the definition of enclosed holster.

kalister1 · Jan 3, 2011

I thought that Enclosed Holster means any holster with a retention strap?

Wasn't there a thread about a man with full auto stuff getting them stolen while eating in a restaurant on his way home from a range?

Ab_Normal · Jan 3, 2011

kalister1 said:
I thought that Enclosed Holster means any holster with a retention strap?

Wasn't there a thread about a man with full auto stuff getting them stolen while eating in a restaurant on his way home from a range?

That was in PA I believe.

Markp · Jan 3, 2011

CharlieFoxtrot said:
As mentioned there is zero case law on whether you can stop or not. IIRC there is only one case on the definition of "enclosed holster." In that case the Court held that a pistol being carried in a grocery bag/ paper bag did not meet the definition of enclosed holster.

Wow, I would think that would meet the definition of enclosed case...

Well, I'll stop having to carry my LCP in a clear ziplock bag now...

Papi4baby · Jan 3, 2011

vette97 said:
I wouldn't want to be the test case either. One time, on the way back from On Target, traffic on the beltway was stopped, so I took the left shoulder and creeped along so I wouldn't get sited for stopping while transporting a handgun. People were rolling their windows down yelling at me but once I yelled back that "I have a gun" they understood and let me continue on without impact because they know the law.

OMG.

The Shooter · Jan 3, 2011

whats the definition of a loaded gun? if a gun has a mag in it but a round not chambered is that loaded? and it doesn't seem to say how you can transport your ammo. So if you have your gun in a holster and a loaded mag in a holster would that be legal?

Markp · Jan 3, 2011

The Shooter said:
whats the definition of a loaded gun? if a gun has a mag in it but a round not chambered is that loaded? and it doesn't seem to say how you can transport your ammo. So if you have your gun in a holster and a loaded mag in a holster would that be legal?

No, mag loaded and in the gun = loaded gun in MD (and most other states.)

Mag loaded and NOT in the gun = not loaded gun according to the MDAG.

I am not a lawyer...

WeaponsCollector · Jan 3, 2011

My god-given right to keep and bear arms shall not be infringed.
Thank goodness for the 4th and 5th amendments, they can protect the 2nd amendment when the courts and politicians fail!

Markp · Jan 3, 2011

WeaponsCollector said:
My god-given right to keep and bear arms shall not be infringed.

<--- Please... While I agree they should not be infringed, I believe you'd change that tune if you were caught carrying.

Thank goodness for the 4th and 5th amendments, they can protect the 2nd amendment when the courts and politicians fail!

<--- Already failed, not doing so well really.

Mark

WeaponsCollector · Jan 3, 2011

Markp said:
<--- Please... While I agree they should not be infringed, I believe you'd change that tune if you were caught carrying.
<--- Already failed, not doing so well really.

Mark

Why would I get caught carrying?
I've been carrying defensive tools for many years without any problems and I know my rights.
As long as I don't bother anyone or bring extra attention to myself it's just fine.
Risky? It can be, but ultimately it's my decision and I refuse to be defenseless.

MDGolom · Jan 3, 2011

Markp said:
Mag loaded and NOT in the gun = not loaded gun according to the MDAG.

I've always been under the impression that in Maryland if you're gun's magazine was loaded, your weapon was considered loaded.

Where did you see the MDAG's opinion?

Norton · Jan 3, 2011

MDGolom said:
I've always been under the impression that in Maryland if you're gun's magazine was loaded, your weapon was considered loaded.

Where did you see the MDAG's opinion?

ask and ye shall receive

MDGolom · Jan 3, 2011

Norton said:
ask and ye shall receive

Sweet!

Storm40 · Jan 3, 2011

I've travelled back and forth to family in WV with some guns, as we go to the range when i'm in town. I have stopped to feed the kids and such, so I can't see how anyone would interpret the law as literally meaning NO STOPS. some are unavoidable. I have stopped at stores and such to/from a range, too, knowing that it was possible that if anyone found out I could be hip deep in manure. Still, I can't see how stopping for gas or a gallon of milk is that big a deal. that said, i'd never have a gun or ammo w/in easy reach and i'd for darn sure never try wearing one loaded, unloaded, in any manner at all without a carry permit and a lawyer to interpret all the restrictions on it. I have no respect for the gun laws in Maryland, but I certainly have great amounts of fear.

aray · Jan 3, 2011

Storm40 said:
I've travelled back and forth to family in WV with some guns, as we go to the range when i'm in town. I have stopped to feed the kids and such, so I can't see how anyone would interpret the law as literally meaning NO STOPS. some are unavoidable. I have stopped at stores and such to/from a range, too, knowing that it was possible that if anyone found out I could be hip deep in manure. Still, I can't see how stopping for gas or a gallon of milk is that big a deal. that said, i'd never have a gun or ammo w/in easy reach and i'd for darn sure never try wearing one loaded, unloaded, in any manner at all without a carry permit and a lawyer to interpret all the restrictions on it. I have no respect for the gun laws in Maryland, but I certainly have great amounts of fear.

I agree with you. But if governments acted reasonably and responsibly Brian Aitken in New Jersey would never have received his seven years sentence for what he did. That too was "no big deal" to anyone with a lick of common sense. In a sane state (which excludes both New Jersey and Maryland) these sorts of cases would never be brought to trial.

MD law Section 4-203

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