MSP: TRAFFIC VIOLATIONS LEAD TO RECOVERY OF THREE GUNS ON I-81

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  • Brooklyn

    I stand with John Locke.
    Jan 20, 2013
    13,095
    Plan D? Not worth the hassle.
    Mr. Smartt wasn't too damn smart. Evidently he had the lack of foresight to look into FOPA and MD law before beginning his travels. Now, he will pay the price.

    The "Possession of an Assault Weapon" thing get's me. It will be interesting to see how that plays out. This is local for me so, I will be asking around about it.

    Because he was not transporting per FOPA he was in posession. Otherwise he may have been OK on that. I always transport per cops even in state.. its stronger than the instate rules so I am covered....
     

    Brooklyn

    I stand with John Locke.
    Jan 20, 2013
    13,095
    Plan D? Not worth the hassle.
    How are these guns recovered? Wouldn't they actually be seized? Recovered makes it sound like he never should have had them in the first place. But there isn't any info that he illegally procured them in PA, is there? Now, there is no doubt that he didn't act in a prudent manner. But using the term recovered in the article basically says that he never should have been in possession of them in the first place - which we do not know is the case. I think seized or confiscated would have been more truthful. In any case he definitely blew it.

    Orwell rides shotgun with msp...
     

    thai

    Active Member
    May 8, 2013
    598
    Thank to Mr. Smartt, he can by accident, stumble in to testing part of sb281 for us. The part about transporting an unregistered assault weapon through state lines.

    On another note,
    What the hell is wrong with having pepper spray and brass knuckles in the car? Is there a law restricting their possession in a car?
     
    Dec 31, 2012
    6,704
    .
    Thank to Mr. Smartt, he can by accident, stumble in to testing part of sb281 for us. The part about transporting an unregistered assault weapon through state lines.

    On another note,
    What the hell is wrong with having pepper spray and brass knuckles in the car? Is there a law restricting their possession in a car?

    I'd like to know that as well.
     
    Dec 31, 2012
    6,704
    .

    Thanks.


    (4) an individual who carries the weapon as a reasonable precaution against apprehended danger, subject to the right of the court in an action arising under this section to judge the reasonableness of the carrying of the weapon, and the proper occasion for carrying it, under the evidence in the case.

    (2) A person may not wear or carry a dangerous weapon, chemical mace, pepper mace, or a tear gas device openly with the intent or purpose of injuring an individual in an unlawful manner.


    In (4) the final say goes to the court regarding brass knuckles and possibly spray.
    I would think leaving work and walking to my vehicle through an area with recorded criminal activity should be reason enough.
    As if I really need to justify this....

    and on thread topic:
    The guy is ****ed.
    As was said above his behaviour is consistent with lack of or disregard for law and thus he was pulled over.
     

    BeoBill

    Crank in the Third Row
    MDS Supporter
    Oct 3, 2013
    27,064
    南馬里蘭州鮑伊
    Thank to Mr. Smartt, he can by accident, stumble in to testing part of sb281 for us. The part about transporting an unregistered assault weapon through state lines.

    On another note,
    What the hell is wrong with having pepper spray and brass knuckles in the car? Is there a law restricting their possession in a car?

    Is pepper spray required to be licensed? And aren't brass knuckles also?

    Of course, gatting caught doing Stupid In Public didn't help in the first place. And taking the long view, I think Mr. "Smartt of Needmore PA" was just too punny for the MSP to pass up. You couldn't make that up if you tried. Calling Mr. Fox at the zoo...
     

    oupa

    Active Member
    Apr 6, 2011
    859
    Sgt Preston here...

    ...could have been avoided by doing 2 things:

    #1. Wear your seat belt...

    #2. Do not talk on a hand held cel phone while driving..


    Agreed!

    That HE provided the probable cause for the stop. ... and has now potentially lost his 2A RIGHTS because of it. Yes, I agree with the circumstances but definitely NOT THE ACTION!

    Except for the seat belt and phone violations I'd have to see INTENT to break the FOPA. Not saying he didn't but nothing (publically) available says so to date.

    I will not argue this further and be accused of cop bashing AGAIN, for the audacity of placing the bill of rights above blind enforcement of self serving (money generating) state laws. :bowdown:
     

    WeaponsCollector

    EXTREME GUN OWNER
    Mar 30, 2009
    12,120
    Southern MD
    Just another victim of senseless laws in the not so "free state".
    I carry Sabre tear gas/pepper spray with me everywhere I go along with knives and other self defense items and I'm proud of it.
    Although I collect brass knuckles I never carry them, there are more effective tools available for self defense.
    My safety is the most important consideration especially considering I've been attacked in the past and refuse to be a victim ever again.
     

    Brooklyn

    I stand with John Locke.
    Jan 20, 2013
    13,095
    Plan D? Not worth the hassle.
    No, just a single instance.

    They couldn't link the May Kentucky officer shooting or the York shooting to this perp (different vehicles).

    But that did not stop them from forming a task force.

    Correct me if I am wrong.. we have one and only one incicident.
    How is that a pattern?
    How does a non pattern justify a task force?
    How does it justify the man power and the overtime?


    How many proportions will be secured regardless...

    I predict no pattern no arrest and many promotions...

    I hope they have more than they are telling us..
     

    thai

    Active Member
    May 8, 2013
    598
    I am completely floored!

    I take it to understand that we cannot carry pepper spray, pocket knife, or brass knuckes?!! Without a license. And if you get caught, it is up to the court to determine in what capacity you have carried said items?
     
    Dec 31, 2012
    6,704
    .
    I am completely floored!

    I take it to understand that we cannot carry pepper spray, pocket knife, or brass knuckes?!! Without a license. And if you get caught, it is up to the court to determine in what capacity you have carried said items?

    Read the law from the link again then read it twice more.
    You have to give the semantics time to sink in.
    I'm not being flippant it's just the way you have to systematically interepret the way the laws are written.
     

    Inigoes

    Head'n for the hills
    MDS Supporter
    Dec 21, 2008
    49,365
    SoMD / West PA
    But that did not stop them from forming a task force.

    Correct me if I am wrong.. we have one and only one incicident.
    How is that a pattern?
    How does a non pattern justify a task force?
    How does it justify the man power and the overtime?

    Over in that neck of the woods, Maryland plays a very small geographic role (maybe a couple of miles of road).

    There should have been pre-existing agreements between WV, MD, and PA to cover crime (because within a span of 5 minutes, a perp be across all those jurisdictions).
     

    thai

    Active Member
    May 8, 2013
    598
    Thanks Inigoes- for that link.

    Anti- I read it three times really fast because I couldn't believe it. I need to read it again when I have more time to do so critically.

    I am amazed because I gave a can on a key chain to my wife and I always carry a 3.5" pocket Knife. I thought that as long as it is 3.5" or less it is lawful? Where the hell did I get that from?
     

    Inigoes

    Head'n for the hills
    MDS Supporter
    Dec 21, 2008
    49,365
    SoMD / West PA
    Anti- I read it three times really fast because I couldn't believe it. I need to read it again when I have more time to do so critically.

    I am amazed because I gave a can on a key chain to my wife and I always carry a 3.5" pocket Knife. I thought that as long as it is 3.5" or less it is lawful? Where the hell did I get that from?


    Pocket knives, or any folding knife (no maximum length) does not count as a weapon. The cite for the case is around here somewhere.
     

    thai

    Active Member
    May 8, 2013
    598
    Pocket knives, or any folding knife (no maximum length) does not count as a weapon. The cite for the case is around here somewhere.

    Ok cool. But I keep a 6.5-8" Cold Steel bowie in trunk or back of my minivan. We always go camping and hunting so 8t is their permanently. Is that illegal to do?

    Sorry for being a simpleton but I am under meds after having pain from back surgery this week, that gibberish just isnt sinking in to my thick skull.
     

    Inigoes

    Head'n for the hills
    MDS Supporter
    Dec 21, 2008
    49,365
    SoMD / West PA
    Ok cool. But I keep a 6.5-8" Cold Steel bowie in trunk or back of my minivan. We always go camping and hunting so 8t is their permanently. Is that illegal to do?

    Sorry for being a simpleton but I am under meds after having pain from back surgery this week, that gibberish just isnt sinking in to my thick skull.

    As long as the fixed bladed is not accessable, you should be fine.

    IANAL
     

    thai

    Active Member
    May 8, 2013
    598
    I gotta get the pepper off of my wife's key chain. This is completely beyond stupidity. Sprays are the single best non lethal weapons for a woman!
     
    Ok cool. But I keep a 6.5-8" Cold Steel bowie in trunk or back of my minivan. We always go camping and hunting so 8t is their permanently. Is that illegal to do?

    Sorry for being a simpleton but I am under meds after having pain from back surgery this week, that gibberish just isnt sinking in to my thick skull.

    Here ya go;

    § 4-101. Dangerous weapons


    (a) Definitions. --

    (1) In this section the following words have the meanings indicated.

    (2) "Nunchaku" means a device constructed of two pieces of any substance, including wood, metal, or plastic, connected by any chain, rope, leather, or other flexible material not exceeding 24 inches in length.

    (3) (i) "Pepper mace" means an aerosol propelled combination of highly disabling irritant pepper-based products.

    (ii) "Pepper mace" is also known as oleoresin capsicum (o.c.) spray.

    (4) "Star knife" means a device used as a throwing weapon, consisting of several sharp or pointed blades arrayed as radially disposed arms about a central disk.

    (5) (i) "Weapon" includes a dirk knife, bowie knife, switchblade knife, star knife, sandclub, metal knuckles, razor, and nunchaku.

    (ii) "Weapon" does not include:

    1. a handgun; or

    2. a penknife without a switchblade.

    (b) Exceptions for certain individuals. -- This section does not prohibit the following individuals from carrying a weapon:

    (1) an officer of the State, or of any county or municipal corporation of the State, who is entitled or required to carry the weapon as part of the officer's official equipment, or by any conservator of the peace, who is entitled or required to carry the weapon as part of the conservator's official equipment, or by any officer or conservator of the peace of another state who is temporarily in this State;

    (2) a special agent of a railroad;

    (3) a holder of a permit to carry a handgun issued under Title 5, Subtitle 3 of the Public Safety Article; or

    (4) an individual who carries the weapon as a reasonable precaution against apprehended danger, subject to the right of the court in an action arising under this section to judge the reasonableness of the carrying of the weapon, and the proper occasion for carrying it, under the evidence in the case.

    (c) Prohibited. --

    (1) A person may not wear or carry a dangerous weapon of any kind concealed on or about the person.

    (2) A person may not wear or carry a dangerous weapon, chemical mace, pepper mace, or a tear gas device openly with the intent or purpose of injuring an individual in an unlawful manner.

    (3) (i) This paragraph applies in Anne Arundel County, Baltimore County, Caroline County, Cecil County, Harford County, Kent County, Montgomery County, Prince George's County, St. Mary's County, Talbot County, Washington County, and Worcester County.

    (ii) A minor may not carry a dangerous weapon between 1 hour after sunset and 1 hour before sunrise, whether concealed or not, except while:

    1. on a bona fide hunting trip; or

    2. engaged in or on the way to or returning from a bona fide trap shoot, sport shooting event, or any organized civic or military activity.

    (d) Penalties. --

    (1) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $ 1,000 or both.

    (2) For a person convicted under subsection (c)(1) or (2) of this section, if it appears from the evidence that the weapon was carried, concealed or openly, with the deliberate purpose of injuring or killing another, the court shall impose the highest sentence of imprisonment prescribed.
     

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