Frosh on Long Gun OC

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  • swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,486
    Westminster USA
    Is there a way to force the state's hand into issuing an advisory opinion on the matter w/o actually doing the stunt?

    I know when you file a lawsuit it always has a line about fearing prosecution, exc. It's an interesting idea solely because you have someone who can veto any such reaction by the legislature and if the issue gets framed as trading long gun OC for shall issue CCW, you have a better chance.
    In a state like CA where the legislature and Governor are all on the same team then this aint gonna happen.

    Already done by former AG Doug Gansler in order to prove the state's case in Woollard.

    Apparently it worked.

    It's legal according to the AG opinion, but the actual act will not advance the quest for lawful shall issue IMO.



    ETA AG opinions are only issued in response to inquires from members of the MGA, not individual citizens.
    .
     

    Attachments

    • AG response to Long Gun Carry.pdf
      292.2 KB · Views: 71

    j26sub

    Active Member
    May 8, 2018
    359
    I guess my 5 years in Maryland has not yet been enough for me to think logically about the situation. I think the liberal brainwash from UNC-Chapel Hill is slow to wear off. Anyway assh@les...just joined MSI. Thanks for chattin' with me...Learning a lot.
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,486
    Westminster USA
    I think the liberal brainwash from UNC-Chapel Hill is slow to wear off. Anyway assh@les...just joined MSI. Thanks for chattin' with me...Learning a lot.

    The UNC -Chapel Hill mindset is identical to most of MD's anti gun legislators.

    A small logical and patriotic group is located here on MDS.

    We just know what will work and what won't.

    hang in there.
     

    danb

    dont be a dumbass
    Feb 24, 2013
    22,704
    google is your friend, I am not.
    Is there a way to force the state's hand into issuing an advisory opinion on the matter w/o actually doing the stunt?

    I know when you file a lawsuit it always has a line about fearing prosecution, exc. It's an interesting idea solely because you have someone who can veto any such reaction by the legislature and if the issue gets framed as trading long gun OC for shall issue CCW, you have a better chance.
    In a state like CA where the legislature and Governor are all on the same team then this aint gonna happen.

    Gansler's opinion (see post #42) was a convenient dodge and largely irrelevant. The problem is local law (for example Baltimore City), not state law. State law is silent, long gun open carry is not prohibited.

    However, Baltimore City (and some other places) have a complete ban on carry for self defense (including long guns). To my knowledge, no one has ever sued Baltimore City, but that would be an interesting test case.
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,486
    Westminster USA
    It wasn’t irrelevant to the 4CA in Woollard. The state used it as a defense to prove their position that long gun OC was allowed and therefore CCW was unnecessary. Apparently it helped the state’s case as they prevailed on appeal
     

    danb

    dont be a dumbass
    Feb 24, 2013
    22,704
    google is your friend, I am not.
    It wasn’t irrelevant to the 4CA in Woollard. The state used it as a defense to prove their position that long gun OC was allowed and therefore CCW was unnecessary. Apparently it helped the state’s case as they prevailed on appeal

    In that sense, sure. But in terms of self defense, it is irrelevant. LOGC remains illegal at the local level in the places one is most likely to need it.
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,486
    Westminster USA
    I believe the number of places where LGOC is banned is less than 5, but as noted some of those are the places it would be most needed
     

    pbharvey

    Habitual Testifier
    MDS Supporter
    Dec 27, 2012
    30,209
    How many people here would call the police if they saw a guy carrying a rifle into a coffee shop?
    I’m pretty sure I would. It’s not normal behavior and more apt to be a psycho than someone exercising their rights.
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,486
    Westminster USA
    I think the prohibition in Mo Co is the city of Rockville.

    But the other two are biggies for sure


    Sent from my iPhone using Tapatalk
     

    Schipperke

    Ultimate Member
    MDS Supporter
    Feb 19, 2013
    18,763
    If I were to be honest , I see it not moving the ball one inch forward . Making a negative point and sheds a bad light IMHO . Like going to protest at people's homes and places they eat , once I see some of the tactics snowflakes use it is shaping my opinion in many ways .
    I don't like the shove it down your throat approach . This is all opinion based and YMV

    What is interesting is the responses on MDS when the Left does this, and some are oblivious the probable counter productive nature works both ways. Some 2A activists use the same style, but feign it is not. Acts that embolden a majority isn't in anyway productive. There are states with laws that forbid open carry all together, and a stunt carrying a rifle is just going to have a Bill out in Maryland no time.

    This video would probably be 5x worse in Montgomery County. If anyone really wants to do this, please be sure to have someone with good video equipment, that can tape it at a distance.

     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,486
    Westminster USA
    I don’t view sign carrying in the same vein as long gun carry. While many get aggravated with signage they don’t agree with, it elicits a much more visceral reaction from the other side

    My .02


    Sent from my iPhone using Tapatalk
     

    spoon059

    Ultimate Member
    Jun 1, 2018
    5,420
    I’ve never understood the “logic” that resisting/arguing with the police when you’ve been asked to do something is a strategy with a better outcome than just doing what they ask.
    Me neither, but it happens all the time. Then you get the slant from the media when the title of the article says that the man was shot for showing gun to kids... when in reality he was shot at (not actually shot) because he was known to be armed and refusing to comply with orders.

    I'm a cop and have encountered plenty of armed people before. All of them complied and all of them are alive and well to complain about it. None of them were shot at either. Simple compliance works very well 99+% of the time...
     

    spoon059

    Ultimate Member
    Jun 1, 2018
    5,420
    I think the prohibition in Mo Co is the city of Rockville.

    But the other two are biggies for sure


    Sent from my iPhone using Tapatalk
    I'd have to open the books again, but I am pretty certain that Montgomery County in general has specific regulations about when/where you can open carry a long gun. Its pretty complicated and yet somewhat vague. I used to know it, but I was off the road for a couple years as an investigator and just recently back on the road.
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,486
    Westminster USA
    I was gonna look in municode but haven’t had time
    Please let us know exactly what and where the prohibitions are I can look in the pamphlet from the MCPD web site but not sure if it covers everything
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,486
    Westminster USA
    Here is the pamphlet from Mo Co police. I need to read through it again but am tied up now. Maybe someone else can peruse it.

    it's not all inclusive but might give some insight.
    .
     

    Attachments

    • Mo Co weapons-law-brochure-on-line-format.pdf
      1.3 MB · Views: 111

    spoon059

    Ultimate Member
    Jun 1, 2018
    5,420
    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).
     

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