What Is Penalty For Illegal Gun Carry?

Cold Steel · Dec 3, 2010

I have no intention of carrying a gun illegally, nor do I advocate it, but I was wondering what the penalty was.

The reason I ask is that I was in a local gun store and we were shooting the breeze when someone brought it up. The guy behind the counter said that not only was it a felony and you could go to jail, but that the state could come and seize every gun in your home, even if it wasn't involved in the infraction.

I know it's a serious offense in this crazy state, but I have problems believing the part about seizing your guns. Was this guy right about that or was he stomping smoke?

He also said that in Maryland if you are transporting a gun in a car, the gun had to be carried in the car's cabin, while the ammo had to be carried in the trunk. That sounded right, but I would think it should be reversed.

Finally, are most Maryland cops for "shall issue" pemit laws or against them?

Markp · Dec 3, 2010

Cold Steel said:
I have no intention of carrying a gun illegally, nor do I advocate it, but I was wondering what the penalty was.

The reason I ask is that I was in a local gun store and we were shooting the breeze when someone brought it up. The guy behind the counter said that not only was it a felony and you could go to jail, but that the state could come and seize every gun in your home, even if it wasn't involved in the infraction.

I know it's a serious offense in this crazy state, but I have problems believing the part about seizing your guns. Was this guy right about that or was he stomping smoke?

He also said that in Maryland if you are transporting a gun in a car, the gun had to be carried in the car's cabin, while the ammo had to be carried in the trunk. That sounded right, but I would think it should be reversed.

Finally, are most Maryland cops for "shall issue" pemit laws or against them?

He also said that in Maryland if you are transporting a gun in a car, the gun had to be carried in the car's cabin, while the ammo had to be carried in the trunk. That sounded right, but I would think it should be reversed.

This is NOT true, read the law for yourself.

I AM NOT A LAWYER THIS IS NOT LEGAL ADVISE, READ THE LAW

For Rifles and Shotguns, you must have them unloaded when hunting per § 10-410(c)(1).

§ 10-410(c) A person may not shoot at any species of wildlife from an automobile or other vehicle or, except as provided in § 4-203(b) of the Criminal Law Article and Title 5, Subtitle 3 of the Public Safety Article, possess in or on an automobile or other vehicle a loaded handgun or shotgun, or a rifle containing any ammunition in the magazine or chamber.

Otherwise there are no rules that I know of when transporting rifles and shotguns.

Handguns have special requirements:

§ 4-203. Wearing, carrying, or transporting handgun.

(a) Prohibited.-

(1) Except as provided in subsection (b) of this section, a person may not:

(i) wear, carry, or transport a handgun, whether concealed or open, on or about the person;

When you are permitted to carry as a mere mortal, it must be in an enclosed case or enclosed holster:

(3) the carrying of a handgun on the person or in a vehicle while the person is transporting the handgun to or from the place of legal purchase or sale, or to or from a bona fide repair shop, or between bona fide residences of the person, or between the bona fide residence and place of business of the person, if the business is operated and owned substantially by the person if each handgun is unloaded and carried in an enclosed case or an enclosed holster;

(4) the wearing, carrying, or transporting by a person of a handgun used in connection with an organized military activity, a target shoot, formal or informal target practice, sport shooting event, hunting, a Department of Natural Resources-sponsored firearms and hunter safety class, trapping, or a dog obedience training class or show, while the person is engaged in, on the way to, or returning from that activity if each handgun is unloaded and carried in an enclosed case or an enclosed holster;

THIS IS THE MINIMUM SENTENCE FOR TRANSPORTING A HANDGUN ILLEGALLY:

(c) Penalty.-

(1) A person who violates this section is guilty of a misdemeanor and on conviction is subject to the penalties provided in this subsection.

(2) If the person has not previously been convicted under this section, § 4-204 of this subtitle, or § 4-101 or § 4-102 of this title:

(i) except as provided in item (ii) of this paragraph, the person is subject to imprisonment for not less than 30 days and not exceeding 3 years or a fine of not less than $250 and not exceeding $2,500 or both; <---- sufficient to lose your right to bear arms in MD.

joppaj · Dec 3, 2010

Cold Steel said:
Finally, are most Maryland cops for "shall issue" pemit laws or against them?

My experience is that most cops are like most non-cops here, they don't have an opinion. It's simply not an issue they deal with regularly enough to bother forming an opinion. The caveat is that most cops that I would call friends are at least not opposed to the idea. We pretty much accept that the law is only stopping honest people anyway.

krucam · Dec 3, 2010

Powerful Misdomeanor as MarkP pointed out...since the possible sentence exceeds 2 years, this makes you a prohibited person in the future.

Who cares what the police feel about it (Joppaj excluded), once this Right is established in the Courts (and it will be), this will all be a moot point.

Don't do anything stupid when the promised land is so close....not suggesting that you were, mind 'ya...

joppaj · Dec 3, 2010

krucam said:
Who cares what the police feel about it (Joppaj excluded), once this Right is established in the Courts (and it will be), this will all be a moot point.

As police we do not create laws (Legislative Branch) nor interpret them (Judicial Branch). Ours is to enforce them. There will be a learning curve until local PD's reset thier decades of training but we'll get there.

WhiskeyTango · Dec 3, 2010

I have ask many police officers about how to transport a firearm, correctly and what I have concluded is that guns and ammo are best transported separately. Separately meaning in different containers not necessarily in different compartments of the vehicle. Some officers have told me that it's best to not transport loaded magazines either because some police may believe that I may have the intent to load the firearm when I shouldn't or that I might be up to something. I am not a lawyer nor am I a police officer, but it my understanding that it is illegal to transport a loaded firearm in MD, without a permit. I guess it matters what else you are doing when the police stop you and find you with the loaded firearm as to weather or not you committed a felony or misdemeanor. Maybe, the clerk at the gun shop you were at misunderstood where you were going with the conversation.

2SAM22 · Dec 3, 2010

krucam said:
Powerful Misdomeanor as MarkP pointed out...since the possible sentence exceeds 2 years, this makes you a prohibited person in the future.

...

Don't do anything stupid when the promised land is so close....not suggesting that you were, mind 'ya...

krucam · Dec 3, 2010

joppaj said:
As police we do not create laws (Legislative Branch) nor interpret them (Judicial Branch). Ours is to enforce them. There will be a learning curve until local PD's reset thier decades of training but we'll get there.

2SAM22 said:

Sorry I forgot you 2SAM22 in my 1st post here. Understood that you ALL are there to enforce laws, not be the Judge....

Markp · Dec 3, 2010

AlphaTango said:
I am not a lawyer nor am I a police officer, but it my understanding that it is illegal to transport a loaded firearm in MD, without a permit.

Only when transporting a handgun or when hunting. It is not found elsewhere in MD law, but you don't want to be the test case.

Mark

mvee · Dec 3, 2010

I am no lawyer, but I see nothing to prevent one from carrying a handgun on their person or otherwise IF it is carried in a enclosed holster under the conditions that are exceptions in the law. That being said, I usually carry pistols in a case or a holster, and that case or holster inside another range bag with ammunition. I usually drive to the range with the range bag containing unloaded pistols and ammunition on the floor of the passenger side beside me. Can anyone find any violation with this?

yellowfin · Dec 3, 2010

Ya know, the odd thing about laws forbidding gun carry is the penalty structure: you may end up with the death penalty for OBEYING the law.

bean93x · Dec 3, 2010

go to jail, go to court and end up with probation if first time offense and you have a lawyer, second offense or you have a record you will see prison time.

Spot77 · Dec 3, 2010

yellowfin said:
Ya know, the odd thing about laws forbidding gun carry is the penalty structure: you may end up with the death penalty for OBEYING the law.

Great perspective! :thumbsup:

I think I'll use that in my next testimony before the legislature, with your permission of course.

Minuteman · Dec 3, 2010

Thanks yellowfin, that's tremendous insight, a new way of thinking about this paradigm.

Lex Armarum · Dec 3, 2010

Cold Steel said:
I have no intention of carrying a gun illegally, nor do I advocate it, but I was wondering what the penalty was.

The reason I ask is that I was in a local gun store and we were shooting the breeze when someone brought it up. The guy behind the counter said that not only was it a felony and you could go to jail, but that the state could come and seize every gun in your home, even if it wasn't involved in the infraction.

I know it's a serious offense in this crazy state, but I have problems believing the part about seizing your guns. Was this guy right about that or was he stomping smoke?

He also said that in Maryland if you are transporting a gun in a car, the gun had to be carried in the car's cabin, while the ammo had to be carried in the trunk. That sounded right, but I would think it should be reversed.

Finally, are most Maryland cops for "shall issue" pemit laws or against them?

The part about seizing firearms is 100% correct. If you are charged with and convicted of an offense that renders you a "prohibited person," and the police learn that you possess firearms in your home or other location, they will get a warrant (if needed), search your premises, and confiscate ALL of your firearms. I've seen it happen on numerous occasions.

True story. Boyhood friend's father was a taxidermist. He was caught in a sting operation stuffing two wood ducks (protected wildlife) brought to him by another guy who was caught up in a poaching sting (this was some years ago). Friend's father was convicted of stuffing protected wildlife (felony I suppose) and two weeks after his conviction, 5-0 shows up as his house and empties the gun cabinet.

Seen it happen to folks who have drug charges as well. One case they didn't catch on to client's possession of firearm until he went to a store and purchased ammo for it some years after his conviction. Purchase was reported in ammo log, ran the name and came up dirty. Oh well, thems the breaks

Minuteman · Dec 3, 2010

Gun registration doesn't not apply to felons and others who could not otherwise legally possess a firearm.
From wiki:

Haynes v. United States, 390 U.S. 85 (1968), was a United States Supreme Court decision interpreting the Fifth Amendment to the United States Constitution's self-incrimination clause. Haynes extended the Fifth Amendment protections elucidated in Marchetti v. United States, 390 U.S. 39, 57 (1968).[1]

The National Firearms Act of 1934 required the registration of certain types of firearms. Miles Edward Haynes was a convicted felon who was charged with failing to register a firearm under the Act. Haynes argued that, because he was a convicted felon and thus prohibited from owning a firearm, requiring him to register was essentially requiring him to make an open admission to the government that he was in violation of the law, which was thus a violation of his right not to incriminate himself.

Majority opinion

In 7-1 decision, the Court ruled in favor of Haynes. Earl Warren dissented in a one sentence opinion and Thurgood Marshall did not participate in the ruling.
As with many other 5th amendment cases, felons and others prohibited from possessing firearms could not be compelled to incriminate themselves through registration.[1][2] The National Firearm Act was amended after Haynes and the new registration provision was upheld in United States v. Freed, 401 U.S. 601 (1971).[3]
Since the decision offers felons (and, by extrapolation, all other prohibited possessors) a considerable degree of immunity from gun registration, it is often cited[dubious – discuss] in the American gun rights debate.[citation needed]

yellowfin · Dec 4, 2010

Spot77 said:
Great perspective!

I think I'll use that in my next testimony before the legislature, with your permission of course.

Please do, they need to hear it enough times to make them change.

smokering · Dec 4, 2010

Nothing if you are a criminal...seems these guys get arrested and released before the ink drys on the arrest report.

hvymax · Dec 4, 2010

smokering said:
Nothing if you are a criminal...seems these guys get arrested and released before the ink drys on the arrest report.

But if you are a decent,peacable, hard working ,taxpaying family man you will be arrested have a Judge disallow the Jury hearing the Law that you were acting within and demand a conviction and be sent to PRISON by the Domestic Enemies of the Constitution.

boricuamaximus · Dec 4, 2010

regular people dont need to carry a gun. That's for the police. Only criminals want to carry guns and that's why police are there for those criminals. anyone that wants to carry a gun is either a cowboy or a wannabe criminal and all that does is make our streets more dangerous.

No one ever thinks about the children.

What Is Penalty For Illegal Gun Carry?

The #1 community for Gun Owners of the Northeast

Member Benefits:

Active Member

Ultimate Member

Sheepdog

Ultimate Member

Sheepdog

Proud Gun Owner

Moderator Emeritus

Ultimate Member

Ultimate Member

Ultimate Member

Pro 2A Gastronome

JamBandGalore

Ultimate Member

Member

Ultimate Member

Member

Pro 2A Gastronome

Day Walker

Banned

Ultimate Member

Users who are viewing this thread

Log in

Forum statistics