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  • danb

    dont be a dumbass
    Feb 24, 2013
    22,704
    google is your friend, I am not.
    Montgomery County code 57-10: Keeping guns on persons or vehicles.

    http://montgomeryco-md.elaws.us/code/coor_ptii_ch57_sec57-10

    It shall be unlawful for any person to have upon his person, concealed or exposed, or in a motor vehicle where it is readily available for use, any gun designed to use explosive ammunition unless:

    (a) Lawful mission. Such person is then engaged upon a lawful mission for which it is necessary to carry a gun upon his person; or

    (b) Special guard, special police, etc. Such person is employed as a special guard, special police officer or special detective and has been lawfully deputized by the sheriff for the county, or has been appointed a constable in the county, or has been licensed under the laws of the state, should such a law be enacted, to carry such gun and then is on or in the immediate vicinity of the premises of any employer whose occupation lawfully requires the employment of a person carrying a gun while in the discharge of the duties of such employment; or

    (c) Military service. Such person is then lawfully engaged in military service or as a duly authorized peace officer; or

    (d) Hunting, target practice, etc. Such person is engaged in lawful hunting, drill, training or target practice on property of which he is the owner or lessee or on property with the prior permission of the owner or lessee thereof; or

    (e) Going to or returning from hunting, target practice, etc. Such person is engaged in going to or from lawful hunting, drill training or target practice, or in delivering such gun to or carrying it from a gunsmith or repairman, or is engaged in any other lawful transfer of possession; provided, that such person shall be on or traveling upon a public highway or property of which he is the owner or lessee or on property with the prior permission of the owner or lessee thereof; provided further, that such gun shall not be loaded with explosive ammunition. (1981 L.M.C., ch. 42, § 1; 2001 L.M.C., ch.11, § 1.)
     

    dogbone

    Ultimate Member
    Nov 14, 2011
    2,981
    GTT - Gone To Texas
    Montgomery County code 57-10: Keeping guns on persons or vehicles.

    http://montgomeryco-md.elaws.us/code/coor_ptii_ch57_sec57-10

    It shall be unlawful for any person to have upon his person, concealed or exposed, or in a motor vehicle where it is readily available for use, any gun designed to use explosive ammunition unless:

    (a) Lawful mission. Such person is then engaged upon a lawful mission for which it is necessary to carry a gun upon his person; or

    Is protecting my life and the lives of my loved ones a "Lawful mission?"

    Not that I'm volunteering to be the test case, especially in Montgomery County.
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,394
    Westminster USA
    I don't anyone but Smigel even has the testicular fortitude to attempt this by themselves, especially in light of what you posted.
     

    danb

    dont be a dumbass
    Feb 24, 2013
    22,704
    google is your friend, I am not.
    So someone explain to me, the exception going or returning from hunting or target shooting. How does the officer figure that out if I invoke the 5th? Some will see where this is going..

    Well, for starters you are probably not walking there, esp in the summer time. Now if you are in your car and they pull you over, that's different. Stick to the script, take the ticket, be nice, and be on your way.
     

    Schipperke

    Ultimate Member
    MDS Supporter
    Feb 19, 2013
    18,540
    Well, for starters you are probably not walking there, esp in the summer time. Now if you are in your car and they pull you over, that's different. Stick to the script, take the ticket, be nice, and be on your way.

    That's the point, I don't want to give any script to a cop why I'm carrying legally. How does an officer speculate I'm not coming or going anywhere. Why is silence then taken as evidence one is breaking the law?

    He doesn’t. He arrests you, confiscated your firearm and lets the legal system figure it out.

    ...and I believe Judges are fine with that, regardless what it costs you. My next worry would be, will the Judge accept my silence. I'd bet doing that, they'll side with whatever the cop charged me with. If I choose to testify I was coming home from gun range, but have no evidence, will Judge believe me after not just telling that to the cop?
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,394
    Westminster USA
    That'd be interesting. But without you testifying, you haven't proven you are doing one of the allowed activities. Does the Judge then assume you were then involved in a non allowed activity?

    Of course to me this is simply an exercise intellectual postulating as I'm not going to be doing it.

    lol
     

    danb

    dont be a dumbass
    Feb 24, 2013
    22,704
    google is your friend, I am not.
    That's the point, I don't want to give any script to a cop why I'm carrying legally. How does an officer speculate I'm not coming or going anywhere. Why is silence then taken as evidence one is breaking the law?

    esqappellate has posted a number of times on this. I'd dig those up. Being pulled over is not probable cause to be searched, dont consent to a search, and you need not answer questions.

    Walking around with a loaded gun strapped to your back is different. If you are going to the range where are your eyes and ears? Most ranges you cannot transport a loaded gun to the range they inspect your gun. Keep in mind, if you claim the hunting exception, failure to comply with hunting regs like blaze orange, only 8 cartridges in your mag, and only 2 shells in your shotgun during goose season is, ahem ... problematic. They can ask to see a valid hunting license as well.

    If its out of rifle deer season, you are not wearing camo and blaze orange, and there is no rifle range within walking distance, you are 150% screwed without the police asking a single question.
     

    GTOGUNNER

    IANAL, PATRIOT PICKET!!
    Patriot Picket
    Dec 16, 2010
    5,492
    Carroll County!
    I don't anyone but Smigel even has the testicular fortitude to attempt this by themselves, especially in light of what you posted.
    Mikes demo was just a demo.
    Others have done it.
    I have carried near or at a demonstration.

    This part of the law is ... part of the law. ........ (3) once that person has been told by a law enforcement officer that a demonstration is occurring at that public place and (4) that person has been ordered by a law enforcement officer to depart from the area of the demonstration until the person has disposed of the firearm.

    Sent from the 3rd Rock
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,394
    Westminster USA
    Exactly my point. Smigel knew it was a demo and knew what the outcome would be.

    He also did it along side an empty roadway not in a retail area as Justin proposed. It was done to show the interaction with LE, not what the general public would do.


    You and Justin go do it and report back on how it was received by the locals and LE.
     

    danb

    dont be a dumbass
    Feb 24, 2013
    22,704
    google is your friend, I am not.
    For the record, I open carry in Howard County all the time.

    During hunting season.

    Not to Giant or the liquor store, the two places I am most likely to need it.

    Keep in mind, our firearms friendly legislators got two people arrested this legislative season simply for holding signs on a public walkway.

    They barely tolerate the first amendment in this state when it comes to firearms.
     

    Stoveman

    TV Personality
    Patriot Picket
    Sep 2, 2013
    27,990
    Cuba on the Chesapeake
    I know this dead horse had been thoroughly beaten, but has Frosh commented or written on this? All I can find is Gansler's letter. I really want to start walking down Main St. With my 2 year old and my Winchester 94....maybe to get a coffee or some donuts. Thanks

    I am all for Long Gun Open carry. If you want someone to walk with. I am game.

    Sent from the 3rd Rock



    If someone was seriously considering this I would make the following suggestions:

    1. Start out on the Eastern Shore, Western MD or Harford County.
    2. Make it a public service type exercise like picking up trash on a roadway.
    3. Contact the county Sheriff and let them know what, when and where.
    4, Make sure you have someone video the whole thing.
     

    Adolph Oliver Bush

    Ultimate Member
    Patriot Picket
    Dec 13, 2015
    1,940
    This isn't Mo County specific, but state law about firearms at a demonstration. If you have one person with a long gun and a second person recording, it meets the definition of a "demonstration". I wouldn't encourage people to try this out for a couple reasons. As already stated, its just going to further scare people who think guns are "bad" and its going to be used politically by anti 2A people to pass another law. Further, you can get arrested and your weapon seized. There are better ways to show that Maryland gun owners are responsible and deserve the right to be able to safely carry without causing alarm to the snowflakes.

    Possession of Firearm at Public Demonstration Section 4-208 Maryland Code

    A demonstration is defined in Section 4-208(a)(2) as one or more persons picketing, demonstrating, marching, speechmaking, holding a vigil, or engaging in similar conduct involving the communication or expression of grievances or views with the effect, intent, or propensity to attract a crowd or onlookers.

    A public place is defined in Section 4-208(a)(6) as a place to which the general public has access and a right to resort for entertainment, business, or other lawful purpose – not limited to places devoted only to public uses. It also includes:

    Public buildings
    Areas in front or immediately around (including parking lots) of stores, restaurants, taverns, shopping centers, or any other place of business
    Public parking lots
    Public streets, sidewalks, or right-of-ways
    Public parks
    Other public grounds

    It is illegal for any individual to (1) have a firearm on his or her person (2) at a demonstration in a public place or in a vehicle within 1,000 feet of a demonstration in a public place (3) once that person has been told by a law enforcement officer that a demonstration is occurring at that public place and (4) that person has been ordered by a law enforcement officer to depart from the area of the demonstration until the person has disposed of the firearm. Section 4-208(b)(2). This section does not apply to a law enforcement officer. Section 4-208(b)(1).

    If a person violates this section, that person is guilty of a misdemeanor punishable by up to one year in jail and/or a fine of $1,000 or less. Section 4-208(c).



    People always forget items 3 and 4.....

    Not that im advocating, for reasons already covered.
     

    spoon059

    Ultimate Member
    Jun 1, 2018
    5,338
    That is a very specific law though.

    Using that video as an example, this is now a "suspicious situation" requiring the subject to identify himself by name and address. Failing to identify himself in that circumstance allows for an arrest.

    Then we get into a disorderly conduct scenario. In this video I don't see anyone else around, but it seems apparent that someone called the police to report him. One could argue that a subject walking down the street with a long gun strapped on their back is sufficient to cause someone to believe that their free passage is obstructed, or that the simple act of possessing that long gun in public is simply a disturbance to the public peace.

    I'm not advocating that an officer SHOULD arrest and charge, just stating that those are very legitimate charges that could be placed upon someone who attempts this. At the end of the day, I just don't feel as though it is the best idea to push the issue in this manner. I don't see the general public responding well to such an issue, I don't see politicians changing their stance based upon someone doing this. I see this type of activity hardening the hearts of those that believe guns are "dangerous" and gun owners are irresponsible.
     

    GTOGUNNER

    IANAL, PATRIOT PICKET!!
    Patriot Picket
    Dec 16, 2010
    5,492
    Carroll County!
    Have a friend that is a cop. He said should be no big deal, but expect to get a stop. Once one occurs, you might get a drive by. They don't want to be bothered. Once they realize what's happening, esp with body cams, they will not start any sh*t.

    Sent from the 3rd Rock
     

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