Life threatened at gun point, help please

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  • MSP: OK sir, what is your good and substantial reason for wanting to carry a weapon?

    you: My ex's son was arrested after threatening me with a knife(ok it was a shotgun) and he knows where I live

    MSP: Sir you already have the state's "permission" to have a firearm in your home....permit denied
     

    MikeTF

    Ultimate Member
    As far as the legality of carrying, isn't there something in COMAR about perceived imminent danger. I may go look that up, but if things get real bad there's a chance you could be relatively legal to have a gun on you due to the nature of the threat. It's sad in our state we have to weigh the legal consequences of getting caught (however slim they may be if you're concealing properly), vs the very real physical consequences of a threat that is actively presenting itself on the regular. Seems like an easy choice for me...but meh. In the meantime, I guess you should just have an unloaded gun in an enclosed case or holster and spend a lot of time going to and from formal or informal target practice.
    I believe that you are correct. I remember the words being 'apprehended danger', but I have not recently looked it up either. It is a very subtle wording, which appears to give a judge discretion in specific situations like this one (should it be discovered that a person is carrying without a permit). I am not a lawyer, obviously.

    I find it disgusting that the OP need only drive a short distance into West Virginia where there are absolutely no permits required to exercise your 2nd Amendment Rights. Virginia and Pennsylvania are not that far either (and should follow WV's lead and abolish their permitting processes and go constitutional).

    Criminals carry without fear of prosecution in Maryland. I wish the legislature in Maryland would wake up, or the Supreme Court would intervene.
     

    Stoveman

    TV Personality
    Patriot Picket
    Sep 2, 2013
    27,986
    Cuba on the Chesapeake
    MSP: OK sir, what is your good and substantial reason for wanting to carry a weapon?

    you: My ex's son was arrested after threatening me with a knife and he knows where I live

    MSP: Sir you already have the state's "permission" to have a firearm in your home....permit denied



    Reading is comprehension, it was a shotgun, and you seriously came to this thread just to shit in it?
     
    Reading is comprehension, it was a shotgun, and you seriously came to this thread just to shit in it?

    The point is still valid...you're just as dead with a knife, it just hurts more...it's too early for reading comprehension and no, not to shit in it, just to make a point...without violating the forum rules the best advice is

    I'd rather be tried by 12 than....

    you all know how it goes...even if he applied today it's going to be 3 months before the state gives him "permission" to defend his life away from his home...IF they approve...
     

    Mike

    Propietario de casa, Toluca, México
    MDS Supporter
    As far as the legality of carrying, isn't there something in COMAR about perceived imminent danger. I may go look that up, but if things get real bad there's a chance you could be relatively legal to have a gun on you due to the nature of the threat. It's sad in our state we have to weigh the legal consequences of getting caught (however slim they may be if you're concealing properly), vs the very real physical consequences of a threat that is actively presenting itself on the regular. Seems like an easy choice for me...but meh. In the meantime, I guess you should just have an unloaded gun in an enclosed case or holster and spend a lot of time going to and from formal or informal target practice.

    I believe that you are correct. I remember the words being 'apprehended danger', but I have not recently looked it up either. It is a very subtle wording, which appears to give a judge discretion in specific situations like this one (should it be discovered that a person is carrying without a permit). I am not a lawyer, obviously.

    I find it disgusting that the OP need only drive a short distance into West Virginia where there are absolutely no permits required to exercise your 2nd Amendment Rights. Virginia and Pennsylvania are not that far either (and should follow WV's lead and abolish their permitting processes and go constitutional).

    Criminals carry without fear of prosecution in Maryland. I wish the legislature in Maryland would wake up, or the Supreme Court would intervene.


    https://www.mdshooters.com/showthread.php?t=180629

    I think this is what you might be thinking of. It's been a long time since I read this thread, but I think that RPAAD has been removed from COMAR over the years so that is probably no longer a valid approach in MD.
     

    MikeTF

    Ultimate Member
    Thanks Mike! That is a great thread! It really gets into the details of things and demonstrates the continued and relentless attacks on the 2nd Amendment in Maryland. I now avoid Maryland as much as possible even though I have a lot of friends and family there.
     

    ras_oscar

    Ultimate Member
    Apr 23, 2014
    1,666
    As far as the legality of carrying, isn't there something in COMAR about perceived imminent danger. I may go look that up, but if things get real bad there's a chance you could be relatively legal to have a gun on you due to the nature of the threat. It's sad in our state we have to weigh the legal consequences of getting caught (however slim they may be if you're concealing properly), vs the very real physical consequences of a threat that is actively presenting itself on the regular. Seems like an easy choice for me...but meh. In the meantime, I guess you should just have an unloaded gun in an enclosed case or holster and spend a lot of time going to and from formal or informal target practice.

    As a private citizen, I am not conditioned to look for signs of a concealed firearm. I would speculate that a LEO is more conditioned to look for such signs. I have a family member that did a few ride-alongs for a school projects. We were getting off a plane and he nudged me and said "see that guy? he's a sky marshall" He had noticed the outline of a pair of handcuffs under a tee shirt. It was there, plain as day once yuou liik for it. I had missed it completely.

    To any LEOs in the forum: what is the chance that a LEO on the street would miss signs of a properly concealed firearm?
     

    press1280

    Ultimate Member
    Jun 11, 2010
    7,878
    WV
    Perp has been charged with Reckless endangerment, and First degree assualt.

    Can he be bailed out?

    Seems like a slap on the wrist. I thought any crimes involving firearms carried extra penalties even aside from prohibited persons crimes (which it seems someone who would do something like this is already prohibited).
    Unless of course they already dropped those charges :(
     

    Schipperke

    Ultimate Member
    MDS Supporter
    Feb 19, 2013
    18,537
    MSP: OK sir, what is your good and substantial reason for wanting to carry a weapon?

    you: My ex's son was arrested after threatening me with a knife(ok it was a shotgun) and he knows where I live

    MSP: Sir you already have the state's "permission" to have a firearm in your home....permit denied

    That was my cynical first thought as well. I would hope they issue a permit, you have a verified threat now. Problem is, as stated earlier, they are asinine in the time and manner they'll approve it. Someone yesterday testified to the fact, what the hell if I need a gun now because of a real threat? That was in reference to HQL process, where gunless people needing a handgun can't even buy one immediately to protect themselves.
     

    smokey

    2A TEACHER
    Jan 31, 2008
    31,412
    I think someone needs to make an IWB enclosed holster. If you're able to "wear, carry, transport" as long as the gun is unloaded, it's in an enclosed holster, and you're going to or from "formal or informal target practice", walking "to informal target practice with an unloaded handgun in an enclosed holster" should be legal by definition. We also have an AG letter stating that it's legal to transport loaded magazines as long as they're not in the gun. Put 2 and 2 together annnnnnnd.....

    Walking north? You're walking to freestate. Walking west, you're walking to hap baker. Walking east, you're walking to delmarva sporting clays. walking south, you're walking to Myrtle Grove. Well, until that Uber ride shows up.

    I suppose you could also just carry a set of sights with you because you're on your way to a bona-fide gunsmith to have them installed.
     

    mopar92

    Official MDS Court Jester
    May 5, 2011
    9,513
    Taneytown
    I think someone needs to make an IWB enclosed holster. If you're able to "wear, carry, transport" as long as the gun is unloaded, it's in an enclosed holster, and you're going to or from "formal or informal target practice", walking "to informal target practice with an unloaded handgun in an enclosed holster" should be legal by definition. We also have an AG letter stating that it's legal to transport loaded magazines as long as they're not in the gun. Put 2 and 2 together annnnnnnd.....

    IIRC correctly in MD one needs a W&C permit for it to be on their body.
     
    That was my cynical first thought as well. I would hope they issue a permit, you have a verified threat now. Problem is, as stated earlier, they are asinine in the time and manner they'll approve it. Someone yesterday testified to the fact, what the hell if I need a gun now because of a real threat? That was in reference to HQL process, where gunless people needing a handgun can't even buy one immediately to protect themselves.

    I suppose you take Joe Biden's advice and go buy a shotgun..After all, open carry of long guns is legal right?? (yes, it's sarcasm)
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,394
    Westminster USA
    When I drive to the NRA Range in Fairfax, I carry my unloaded pistol on my belt so it's not concealed. Legal by the MD statute

    I don't anticipate any problems. maybe I'm just naive.
     

    Stoveman

    TV Personality
    Patriot Picket
    Sep 2, 2013
    27,986
    Cuba on the Chesapeake
    The point is still valid...you're just as dead with a knife, it just hurts more...it's too early for reading comprehension and no, not to shit in it, just to make a point...without violating the forum rules the best advice is

    I'd rather be tried by 12 than....

    you all know how it goes...even if he applied today it's going to be 3 months before the state gives him "permission" to defend his life away from his home...IF they approve...



    There is at least one member here who has received a permit in expedited fashion after a similar incident. I have no idea, and neither does the OP, if this might also happen in this case until the OP calls the MSP to find out. But I wouldn't show up on a thread just to be a nattering nabob of negativity.
     

    lx1x

    Peanut Gallery
    Apr 19, 2009
    26,992
    Maryland
    IIRC correctly in MD one needs a W&C permit for it to be on their body.
    This
    Nope, enclosed holster is one of the legal transport methods. No exclusion to on the body.
    legal transport (not carry) to approved destinations agree.

    Having it on you (carry) and traveling with it everywhere.. risky.

    Op: apply for the permit. But be warned.. one instance has lower approval rate.
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,394
    Westminster USA
    Most laws are written to tell you what you cannot do. In light of no specific prohibition on carry per 4-203 as a method of transport, I'll take my chances.

    Many statutes also start out with definitions as used in that statute. No such definitions are in 4-203. Carry and transport remain undefined as far as 4-203 is concerned.

    But that's just me and IANAL
     

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