What is a business owner for a handgun carry permit in MD?

Docster said:

For a few bucks form an LLC. You'll have some legal protection, tax breaks and for MSP, a business

Click to expand...

why on earth would MSP give preference to an LLC (or partnership, subchapter S or full on corporation) over a sole proprietorship in classifying something as a business for firearm permit or carry related issues? There are plenty of corporate setups where "owners" are not materially participating at all.

Snapper said:

A quick question if I may for those of you who have answered many questions here already: My wife and I run a legit business in MD. The business is an LLC that we put in her name, but we file it on Sched C of our joint tax return. Can I also apply as a "business owner" for a CCW, though the LLC is just in her name?

Click to expand...

I suppose it's possible that she could provide a letter supporting the contention that you're a co-owner. But since you're not actually on the paperwork, that's dicey. It should be pretty simple to just add you as member of the LLC, formally.

Occam said:

don't the Uber and Lyft contracts explicitly forbid contracting drivers from being armed while driving?

Click to expand...

I have been scouring the websites as well as reviews and blogs by drivers, I haven't yet got to where I signed any contracts yet so I'm not sure what they put in the fine print (only what they have on the pages of their website telling you how "great" it is to drive for them). That would suck, if I can't get a MD permit, my plan was to do the majority of my Lyft/Uber driving in NOVA where I can legally carry in order to somewhat mitigate the risk of taking strangers into my car.

And, I don't believe they allow you to contract with them as a business entity, but rather as an independent contractor, personally. The MSP wants to see you form a business, and see activity in a business checking account. Payments from Uber and Lyft don't flow to MyTinyDrivingCompany LLC, but to John Doe.

Click to expand...

You are an independent contractor if driving for those companies, but that does make you self-employed. Do you have to be self-employed or specifically a business owner to be qualified for a MD CCW? Since I've seen people online who say they are real estate agents and have MD permits I was thinking it was the former and not the latter (real estate agents are independent contractors, realtors who own the agency are the actual business owners).

The eBay type stuff has more prospects. You could do that as an LLC or a sole proprietorship with a trade name and business checking. But if you don't show actual business activity with income flowing through to your tax filings, you're not going to get anywhere with MSP calling it a business.

Click to expand...

I've done drop shipping on Ebay before. It doesn't have to be all that much work... 20-40min to set up the ad for each item you sell (a one time thing for each since you can re-use the ads), two or three minutes to process each individual sale, maybe 10-15min daily responding to emails and return requests, and an hour or so of record keeping weekly (more if you do serious business, but for most, an hour or two of record keeping is enough). The problem is, while it isn't that much time, it also isn't that much money (you make plenty for Ebay through their fees and for the drop shipping companies, but the amount of profit you get working that way is pretty low). If you have an eye for it and know what you are doing, you can make some money visiting antique shops and flea markets to find under-priced collectables that you can then sell on Ebay for market value, but, you really need to know what you are doing (I do know estate pipes well enough I guess, but it would take some luck and a lot of legwork to find the gems that are worth something put priced well below value- more a hobby than a business). It can end up being less than minimum wage (though the flexible schedule can make it better than a 2nd part-time job), so if I do this to help supplement, I'll try to sell something that is part of one of my hobbies (pipes and/or pipe tobacco, gun accessories, ammo on Gunbroker and not Ebay - though I'd like to avoid things that might increase my record-keeping requirements or that I'd have to have too much overhead by buying and storing merchandise instead of drop shipping which allows me to have minimum upfront costs). Since showing a business to get a CCW isn't my main concern (just a possible benefit) I'm not sure I want to tie up my time doing this (even though it is flexible and doesn't take more than a handful of hours a week). One would show cash flow pretty quickly, but the profit margins are LOW.

I've never had to show checking account activity and as a sole proprietor I often do work for cash. I have given some canceled checks and explained my business.

It will be intersteing to see how the MSP swims there way through the many different business types. I still think it will open the door for discrimination law suits

TD

miles71 said:

I've never had to show checking account activity and as a sole proprietor I often do work for cash. I have given some canceled checks and explained my business.

It will be intersteing to see how the MSP swims there way through the many different business types. I still think it will open the door for discrimination law suits

TD

Click to expand...

Except that this is well-trodden ground. There are lots of sole proprietorships, and they get permits.

Occam said:

I suppose it's possible that she could provide a letter supporting the contention that you're a co-owner. But since you're not actually on the paperwork, that's dicey. It should be pretty simple to just add you as member of the LLC, formally.

Click to expand...

Thanks for the response. Yes, I think we'll add my name to the LLC and make it simple.

Snapper said:

Thanks for the response. Yes, I think we'll add my name to the LLC and make it simple.

Click to expand...

Have her give you a 1% interest in the LLC. Just do a transfer of ownership and then you need to have a new operating agreement put in place signed by the two of you. Then, you can tell MSP that you are indeed a business owner.

Based upon what I am reading, you still need a "good and substantial" reason for the CCW as a business owner. It is just that business owners will no longer have any restrictions on their CCW.

danb said:

Except that this is well-trodden ground. There are lots of sole proprietorships, and they get permits.

Click to expand...

My business is sole proprietorship. I went through the CCW process earlier this year. I submitted a copy of my trade name registration with the state, a copy of my business license (in my case that is a commercial fishing license) and statements from my business checking account. The MSP corporal had a few other business related questions, as he wasn’t aware of doing business with a commercial fishing license. He also questioned me on cash flow and bank deposit amounts on average, which I didn’t really get because I highlighted all of the deposits on the bank statements.
I had no issues with approval being a sole proprietor.

roadking said:

No, I didn’t. Sensitive, much? I love how everyone is always looking for the argument in every discussion. You must be a hoot at dinner parties. Read it again. I typed it slowly, so people like you could read it and understand it. Read what I’m saying, not what you imagine I said.

Click to expand...

Quite a broad brush RK.

Quick question for those in the know. As a landlord, would I benefit from this new ruling? I know I can get a CCW, but in the past, I could only carry when I conducted business directly related to the rental properties. How do I stand now with this new ruling?

j_h_smith said:

Quick question for those in the know. As a landlord, would I benefit from this new ruling? I know I can get a CCW, but in the past, I could only carry when I conducted business directly related to the rental properties. How do I stand now with this new ruling?

Click to expand...

It's a LOT more promising for you now than it was. All the more so if you do your landlording as a business entity (with you as the owner), but even if it's just a sole proprietorship, it would be well worth going for it now.

Some years back I sold drop shipped goods through Ebay. It can be done with little overhead and just a few hours a week if it is just a sideline business. If I jumped through all the hoops (business license) to make it official with the state of MD, even though every penny would be through Paypal or another credit card service, if I did a drop ship retail business through Ebay or Amazon again, would that be able to qualify?
[/QUOTE]

yes, my online only retail business got me a MD Ccw

j_h_smith said:

Quick question for those in the know. As a landlord, would I benefit from this new ruling? I know I can get a CCW, but in the past, I could only carry when I conducted business directly related to the rental properties. How do I stand now with this new ruling?

Click to expand...

Plenty of rental property owners/landlords have permits, one of whom received his unrestricted just last week.

Go for it.

Sent from my SM-G975U using Tapatalk

Real Estate Agents are essentially self employed. Are they "business owners" for the purpose of this new guidance?

danb said:

Real Estate Agents are essentially self employed. Are they "business owners" for the purpose of this new guidance?

Click to expand...

Montoya 32 got his unrestricted last week.

Are these folks getting them on appeal or on the first go around?

j_h_smith said:

Are these folks getting them on appeal or on the first go around?

Click to expand...

The landlord was in the queue for the HPRB, Montoya had his hearing at OAH but no decision yet.


But don't let that stop you, if you are a legit rental property owner/landlord and I'm sure that you are, then get your training and submit your application.

Occam said:

The other threads you're probably reading address the what-is-a-business stuff pretty thoroughly. Specifically in response to your comment, though: don't the Uber and Lyft contracts explicitly forbid contracting drivers from being armed while driving? .

Click to expand...

I don’t know about that. Last time in Nashville our female Uber/Lyft driver showed us her handgun and taser. She was wild.



Sent from my iPhone using Tapatalk

Robertjeter said:

I don’t know about that. Last time in Nashville our female Uber/Lyft driver showed us her handgun and taser. She was wild.



Sent from my iPhone using Tapatalk

Click to expand...

Yes, but that does not prove whether the contract between independent driver and Uber/Lyft forbids the carrying of firearms or not. If there is such an agreement, all your experience proves is that the lady decided to go with WWNC after agreeing to the Uber/Lyft contract. Then again, maybe she did not read the contract.

Here we have it, if the news source is to be trusted:

https://www.thezebra.com/insurance-news/5243/can-bring-gun-uber/

Uber prohibits drivers and riders from possessing firearms.

Lyft prohibits drivers from possessing weapons.

Went a step further:

Uber's website: https://www.uber.com/legal/policies/firearms-prohibition-policy/en/

Lyft's website: https://help.lyft.com/hc/en-us/articles/115012923127-Safety-policies

Appears the Lyft policy only applies to drivers, not riders, but I did not look into it too deeply.

A certain percentage of Uber Drivers , generally who do it as side gig instead of main livelihood , decide protect themselves when legal . Thinking along the lines that Uber wouldn't know unless a critical situation occurred, at which point survival would be more important than Uber's displeasure .