But other locales DO have intact restriction, correct? And it applies to even to permit holders.
Maryland local firearms laws that existed before 1/1/1985
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But other locales DO have intact restriction, correct? And it applies to even to permit holders.
There you go JM, yes, there are "traps" where your MD CCW permit is null and void
Mark75H said:
Remember, everything is legal until you get caught
Otherwise, you become the test case
OBTW
Once the fourth circuit confirms "bear" is a fundamental right, the municipalities may fund your retirement.
Once the fourth circuit confirms "bear" is a fundamental right, the municipalities may fund your retirement.
OBTW
Once the fourth circuit confirms "bear" is a fundamental right, the municipalities may fund your retirement.
I'd put money on it (Woolard) not going that far. I would love to see you make a go as the test case ... I'd be behind you all the way ... way behind
The fourth will look at Woollard, they will either affirm Juge Legg's ruling, or listen to arguments then confirming Judge Legg's decision.
I would love to see you make a go as the test case ... I'd be behind you all the way ... way behind
Sissy!
esqappellate
President, MSI
- Feb 12, 2012
- 7,408
Frederick
(e)
Dangerous Weapons. Except as otherwise provided in this subsection, a person may not carry a dangerous weapon on any public way, sidewalk, or other public property within five hundred (500) feet of an event [parade, etc] permitted pursuant to this Chapter. Law enforcement officers, members of the Armed Forces and National Guard, and uniformed members of an honor guard of a recognized civic or fraternal organization may carry dangerous weapons provided that such persons are acting lawfully.
(Ord. No. G-10-06, § I, 5-6-10)
Last edited:
see MD 4-209.
Only if the ordinance exsited before 1-1-85 is it legal as I interpret all this
Esq will rule on this post.
Only if the ordinance exsited before 1-1-85 is it legal as I interpret all this
Esq will rule on this post.
esqappellate
President, MSI
- Feb 12, 2012
- 7,408
Correct, but with exceptions. So you need to check when the ordinance was enacted and whether the ordinance falls within the exceptions where the municipality is still entitled to regulate. Here is the state preemption statute in toto:
Current selection§ 4-209. Regulation of weapons and ammunition
State preemption
(a) Except as otherwise provided in this section, the State preempts the right of a county, municipal corporation, or special taxing district to regulate the purchase, sale, taxation, transfer, manufacture, repair, ownership, possession, and transportation of:
(1) a handgun, rifle, or shotgun; and
(2) ammunition for and components of a handgun, rifle, or shotgun.
Exceptions
(b)(1) A county, municipal corporation, or special taxing district may regulate the purchase, sale, transfer, ownership, possession, and transportation of the items listed in subsection (a) of this section:
(i) with respect to minors;
(ii) with respect to law enforcement officials of the subdivision; and
(iii) except as provided in paragraph (2) of this subsection, within 100 yards of or in a park, church, school, public building, and other place of public assembly.
(2) A county, municipal corporation, or special taxing district may not prohibit the teaching of or training in firearms safety, or other educational or sporting use of the items listed in subsection (a) of this section.
(3) A county, municipal corporation, or special taxing district may not prohibit the transportation of an item listed in subsection (a) of this section by a person who is carrying a court order requiring the surrender of the item, if:
(i) the handgun, rifle, or shotgun is unloaded;
(ii) the person has notified the law enforcement unit, barracks, or station that the item is being transported in accordance with the court order; and
(iii) the person transports the item directly to the law enforcement unit, barracks, or station.
Preexisting local laws
(c) To the extent that a local law does not create an inconsistency with this section or expand existing regulatory control, a county, municipal corporation, or special taxing district may exercise its existing authority to amend any local law that existed on or before December 31, 1984.
Discharge of firearms
(d)(1) Except as provided in paragraph (2) of this subsection, in accordance with law, a county, municipal corporation, or special taxing district may regulate the discharge of handguns, rifles, and shotguns.
(2) A county, municipal corporation, or special taxing district may not prohibit the discharge of firearms at established ranges.
One of the next hurdles on the radar is attacking the unconstituional laws presented by the municipalities.
Edit: After the Woollard decision becomes firm (as in MD exhausted it's appeals). People should go to the offending town meetings and raise the issue to have the laws changed, before the municipilaty starts paying big bucks in civil rights suits.
esqappellate
President, MSI
- Feb 12, 2012
- 7,408
Yes, a caveat was carved out for any law that existed before 1/1/1985 in the Maryland Preemption law.
One of the next hurdles on the radar is attacking the unconstituional laws presented by the municipalities.
Edit: After the Woollard decision becomes firm (as in MD exhausted it's appeals). People should go to the offending town meetings and raise the issue to have the laws changed, before the municipilaty starts paying big bucks in civil rights suits.
TPM restrictions will be tougher to challenge under the 2A. Best approach is to keep them from being enacted in the first place. That means supporting legislative watchdogs and getting active on that front.
Agreed, although the local laws pointed out in the municipalities of Leonardtown, Rockville, Baltimore, etc...
are not TPM, just outright bans with no exceptions/exemptions.
esqappellate
President, MSI
- Feb 12, 2012
- 7,408
True, the bans will fall for permit holders. I am thinking of TPM stuff like parades (Frederick)
Weber
USMC
Anything on Cecil County?
esqappellate
President, MSI
- Feb 12, 2012
- 7,408
It will be the familar two step and you will have to deal with the "presumptively constitutional" language in Heller. This will have to be litigated.
Once outside the home (aka "bear") is accepted law in the 4th circuit.
A way to avoid litigation (lawyers do not like to hear this) and the cheapest solution, raise the issue at a municipal meeting. If the municipality does not have the $$$ to fight a court case, and pay 1983/1988 civil rights fees, they can always amend their code to TPM.
Otherwise, the municipality will be forced to litigate.
esqappellate
President, MSI
- Feb 12, 2012
- 7,408
Cecil doesn't appear on this link: http://www.municode.com/library/MD
That doesn't mean squat. You will need to go to the county seat and check the paper copy or otherwise find it on line.
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