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Old May 17th, 2017, 02:36 PM #1
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Volokh-gun behind you back disorderly conduct?

While it doesn't apply in MD, many here have had to deal with less than savory characters while involved in domestic issues.

thought provoking.

https://www.washingtonpost.com/news/..._volokh&wpmm=1
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Old May 17th, 2017, 04:07 PM #2
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While it doesn't apply in MD, many here have had to deal with less than savory characters while involved in domestic issues.

thought provoking.

https://www.washingtonpost.com/news/..._volokh&wpmm=1
A little bit of a question in my mind when someone has the gun in their hand. If the gun was holstered there would be no question.
But a favorable 2A opinion from the ND Supremes.
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Old May 17th, 2017, 07:48 PM #3
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And how different would it have been if she'd stuck it in her pocket or waistband?
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Old May 18th, 2017, 06:54 AM #4
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Not only not pointed or brandished, but was held behind back to NOT overtly telegraph being armed.
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Old May 18th, 2017, 07:03 AM #5
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In my opinion, the judges reached the correct conclusion. On her property... not threatening... don't see how the officer came to the conclusion that this was "disorderly conduct".
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Old May 18th, 2017, 07:04 AM #6
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Because the Compliant had hurt feelings.
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Old May 18th, 2017, 09:16 AM #7
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And how different would it have been if she'd stuck it in her pocket or waistband?
Someone walking toward you (who's unknown to you) with a gun in hand certainly ups the antenna than one in a holster. That's why many states require holsters for public carry.
Since she was on her property the whole time I can see why the ruling came down as it did.
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Old May 18th, 2017, 09:19 AM #8
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That's why many states require holsters for public carry.
I never knew this. can you tell me some states that require this? I travel a bit, and have more than a few permits. it would be helpful to know.
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Old May 18th, 2017, 09:31 AM #9
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Quote:
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I never knew this. can you tell me some states that require this? I travel a bit, and have more than a few permits. it would be helpful to know.

Maryland!
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Old May 18th, 2017, 09:31 AM #10
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really? true for most of us.
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Old May 18th, 2017, 10:36 AM #11
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I never knew this. can you tell me some states that require this? I travel a bit, and have more than a few permits. it would be helpful to know.
I know MS does as part of their constitutional carry law passed last year. I'd have to look closely at each state. It's not something typically mentioned on handgun law, exc.
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Old May 18th, 2017, 10:38 AM #12
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ok thanks. I read quite a bit but I'd never heard of that requirement, at least in the states I have permits from or that I have carried in.
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Old May 19th, 2017, 01:11 AM #13
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ok thanks. I read quite a bit but I'd never heard of that requirement, at least in the states I have permits from or that I have carried in.
I am in no way attempting to be stupid, but rather, I am still learning about these things. My question is: If you don't use a holster, how do you open carry?
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Old May 19th, 2017, 01:28 AM #14
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Stuck in waistband , either appendix or Mexican, with a tucked in shirt. Or for full size gun, potentiality stuck in back pocket, with enough gun exposed to be recognized as a gun .

Consult specific state for statutory and case law definitions.

I don't imadately recall which, but some states do require use of a holster, but it is not common.

PSA - In general , a proper and well fitting holster is a wise practice . But for people who don't routinely carry, but otherwise keep a pistol at hand , in either vehicle or fixed location, may well need/ wish to occasionally carry for convience, recreational use, or specific threat . On those occasions, waistband or pocket carry without holster is ( frequently temporarily done, ought to be option, etc ).
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Old May 19th, 2017, 10:00 AM #15
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Interestingly enough, this (open carry on own property) came up as a side conversation when I was attending a class for veterans who wanted to apply for a MD Carry permit.

The gist of the conversation was that you could be cited for disorderly conduct for carrying on your own property if someone saw you and called the police. Lots of nervous nellies in the Democratic Peoples Republic of Marylandstan.
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Old May 19th, 2017, 11:52 AM #16
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Quote:
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Interestingly enough, this (open carry on own property) came up as a side conversation when I was attending a class for veterans who wanted to apply for a MD Carry permit.

The gist of the conversation was that you could be cited for disorderly conduct for carrying on your own property if someone saw you and called the police. Lots of nervous nellies in the Democratic Peoples Republic of Marylandstan.
I frequently open carry on my property while cutting grass (in holster), weeding, etc. Have had many great conversations with neighbors walking their dogs. Have had an officer show up once, surveyed the situation and went on his way.
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Old May 19th, 2017, 01:19 PM #17
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Stuck in waistband , either appendix or Mexican, with a tucked in shirt. Or for full size gun, potentiality stuck in back pocket, with enough gun exposed to be recognized as a gun .
Thanks for the info. For some reason, I thought that being stuck in a waistband was to be avoided. The exposed part is what I was thinking about, because if you can't see it I figured it would be considered "concealed".

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