Enclosed Case or an Enclosed Holster???

Adolph Oliver Bush · Jul 27, 2018

esqappellate said:
Don't be too sure about that: From: http://www.mdshooters.com/showpost.php?p=1659404&postcount=1973

Term "enclosed holster" used in paragraph (b) (5) means a holster so designed as to restrict in some way access to the handgun so that a fastening device or closure has to be opened, released, or removed before the weapon can be exposed or freed from the holster and made immediately available for use. 57 Op. Att'y Gen. 502 (1972).

The nature of an enclosed case within the contemplation of the statute should be considered in the light of the purpose of the statute to transport the guns in a secure manner, deny easy access to them and render them safe and harmless during transit. In our opinion, any type of closed case or receptacle that would insure carrying out the statutory purpose would constitute a sufficient compliance. 58 Op. Atty Gen. Md. 375 (1973).

So how about this as an enclosed holster option?

designed as to restrict in some way access to the handgun -- CHECK
so that a fastening device or closure has to be opened, released, or removed -- CHECK
before the weapon can be exposed -- MAYBE NOT CHECK, but how does this differ from any other enclosed holster option where some portion of the gun is visible?
or freed from the holster and -- CHECK
made immediately available for use. -- CHECK

What say the MDS brain trust?

Biggfoot44 · Jul 27, 2018

#2 - I'm really not feeling a trigger gaurd do hickey as a " fastening device or CLOSURE " .

This is way deeper into the dark grey than I would care to tread , or recommend .

The AG letter as written is surprisingly favorable , and this subtopic is not on the top of the list for stick poking .

lazarus · Jul 28, 2018

Biggfoot44 said:
#2 - I'm really not feeling a trigger gaurd do hickey as a " fastening device or CLOSURE " .

This is way deeper into the dark grey than I would care to tread , or recommend .

The AG letter as written is surprisingly favorable , and this subtopic is not on the top of the list for stick poking .

Agreed. It ain’t that hard to stick the gun in a bag. Just do that. Play stupid games, win stupid prizes. I think everyone had a handbag, duffle, range bag, pistol case, backpack or similar and it isn’t that onerous to toss your gun in there when going to the range or hunting.

It isn’t/can’t be there for self defense under maryland law unless you got a wear and carry. So don’t try to treat it like it is there for SD.

swinokur · Jul 28, 2018

Well the AG opinion cited a court case said that more than a sack was needed for transport. I am of the opinion that they’d agree a plain bag and a sack are similar enough that a plain bag would not be sufficient either. A bag for transporting a firearm would probably viewed as complying with the legislative intent.

JMO and IANAL
.

Biggfoot44 · Jul 28, 2018

The current interpetation of holster with strap and fastening device is already ahead of the curve by Maryland co text
Don't poke with sticks .

Adolph Oliver Bush · Jul 28, 2018

Biggfoot44 said:
The current interpetation of holster with strap and fastening device is already ahead of the curve by Maryland co text
Don't poke with sticks .

Who you please provide a cite for said interpretation? I looked, but not find anything from the Crown.

And for folks harping on the issue, the Crown also said enclosed "case" or enclosed "holster", implying that they are not the same thing. As an intellectual exercise, i am determining the minimum definition of an enclosed "holster".

DoormanTNT · Jul 28, 2018

Ok. So semi serious question......

If I wrap an unloaded handgun in a dish towel and place in a Ziploc bag.....is it any different than putting it in a gun case??

What about without the dish towel??....

swinokur · Jul 28, 2018

The AG opinion I posted earlier gives some guidance

lazarus · Jul 28, 2018

swinokur said:
Well the AG opinion cited a court case said that more than a sack was needed for transport. I am of the opinion that they’d agree a plain bag and a sack are similar enough that a plain bag would not be sufficient either. A bag for transporting a firearm would probably viewed as complying with the legislative intent.

JMO and IANAL
.

By that language though, probably anything with a zipper or buckle would probably comply. Especially if it isn’t easily accessible from the passenger compartment.

Sure, I’ll use a gun case/bag, because I’ve got them and I use em all the time anyway. But I really have a hard time between the AG opinions and comparing what a gun soft case and a backpack with a zipper look like a jury actually convicting someone. And I think it would take an assistant AG with a serious axe to grind or some other reason to try to nail someone to pursue charges on some one.

A sack typically has nothing to close it, maybe a draw string.

INMY01TA · Jul 29, 2018

This thread started in 2010.

swinokur · Jul 29, 2018

and your point is?

Biggfoot44 · Jul 29, 2018

Started in 2010 , butt revived every year or two since .

swinokur · Jul 29, 2018

I don’t think its unusual as new members come to the forum and ask the same questions over and over. Some chastise them for not using search butI find it easier and more welcoming in some instances to just provide the answers.

YMMV

Sent from my iPhone using Tapatalk

River02 · Jul 29, 2018

swinokur said:
I don’t think its unusual as new members come to the forum and ask the same questions over and over. Some chastise them for not using search butI find it easier and more welcoming in some instances to just provide the answers.

YMMV

Sent from my iPhone using Tapatalk

THIS! Perfect...Thanks!

swinokur · Jul 29, 2018

I may be pushing the AG opinion, but I have carried my pistol in a Serpa and felt comfortable, since an action is needed to free the firearm from the holster as per the AG.

Maybe a bit of a stretch, but it' a personal decision.

Bob A · Jul 31, 2018

This is just so Maryland; honest victims of a legislature gone off the deep end, wondering how to stay on the right side of a deliberately confusing law, while the criminal classes own Baltimore and are unconcerned with breaking any laws, up to and including murder.

Guess which group faces loss of rights, and which group gets the opportunity of a multi-million dollar paayoff?

Enclosed Case or an Enclosed Holster???

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