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Old November 24th, 2021, 04:44 PM #11
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Without too much detail, I knew a criminal defense lawyer who got a criminal off because he was caught carrying an antique firearm. I am not a lawyer, I can't even spell legal advice. I know nothing of the case particulars, except that it came up in court when another lawyer in the gallery saw the picture of the gun and said, I'snt that an antique? I can not ask, as the lawyer in question is no longer with us.
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Old November 24th, 2021, 06:53 PM #12
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Originally Posted by BeoBill View Post
AFAIK, the Feds do not consider a BP pistol as a "gun", loaded or not. Inserting a conversion cylinder makes it one. Marylandistan most likely would consider a capped and loaded BP pistol as a "dangerous weapon" to deprive you of your civil rights. Note that uncapped is unloaded. As with anything to do with law in this legislative lunatic asylum, YMMV.
It would be considered a deadly weapon. The same as a fixed blade knife. It is not legal to carry a concealed deadly weapon in Maryland with only a few exceptions, such as on your own property.

You could carry a loaded black powder revolver in your car, so long as it wasn’t in reach, just like you could a fixed blade knife.

A wear and carry permit would likely be viewed as okay carrying a loaded and concealed black powder revolver.

In theory, you’d probably be okay carrying a loaded BP revolver OPENLY as Maryland doesn’t consider them handguns.

But let me know how that goes…
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Old November 24th, 2021, 06:57 PM #13
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Originally Posted by smokey0118 View Post
https://law.justia.com/codes/marylan...section-4-101/
https://law.justia.com/codes/marylan...section-4-201/


Interestingly enough, there's an exemption for carrying antique firearms at demonstrations. Otherwise, you cannot carry a firearm anywhere that your activity may "draw a crowd"
https://law.justia.com/codes/marylan...section-4-208/
No. That’s not what the law says. You cannot demonstrate and carry a firearm. And if so informed by an officer of the law that a demonstration is in effect, you must remove said firearm at least 1,000 feet away. Unless it is your personal property you are on.

If the firearm draws a crowd, that doesn’t suddenly make it illegal. The activity you have to be engaged in or OTHERS are engaged in is clearly spelled out in law on what constitutes a demonstration. And LEO also has to tell you such.
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Old November 24th, 2021, 06:59 PM #14
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When they asked me that questions I asked, "what do you recommend?"
And what was his response?
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Old November 24th, 2021, 07:01 PM #15
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Originally Posted by smokey0118 View Post
After reading through state law, I'm not seeing firearms mentioned in the dangerous weapons section, except for stating that "weapon" doesn't mean "handgun". I remembered this coming up a bunch and it resulting in antique firearms being treated like a dangerous weapon, but they aren't mentioned within the dangerous weapon section of comar...soooo...? Concealed might be okay unless I'm missing something.
They aren’t specifically mentioned. However…

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.

it does not say a weapon as defined is ONLY those things. It just says it includes it. Other items have been ruled deadly weapons in various court cases. It does give specific exception to a penknife without a switch blade (which under Maryland law is any folding knife) and specifically says a handgun isn’t considered a weapon under the law too.

Though desperately there are other sections of COMAR restricting the carriage of a handgun.
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Old November 24th, 2021, 08:54 PM #16
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And what was his response?
I didn't get one...
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Old November 25th, 2021, 09:11 AM #17
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Originally Posted by lazarus View Post
No. That’s not what the law says. You cannot demonstrate and carry a firearm. And if so informed by an officer of the law that a demonstration is in effect, you must remove said firearm at least 1,000 feet away. Unless it is your personal property you are on.

If the firearm draws a crowd, that doesn’t suddenly make it illegal. The activity you have to be engaged in or OTHERS are engaged in is clearly spelled out in law on what constitutes a demonstration. And LEO also has to tell you such.
Yup, I was going off of this definition of demonstration and that exemption of antique firearms. I missed the part at the bottom requiring a LEO to inform you of the demonstration and tell you to leave. Thanks for the clarification.
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Old November 25th, 2021, 03:00 PM #18
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NO , you may NOT Conceal .

Absent any other specific statutory provision , they are generally under the provisions of 4-101 . Similar to swords , axes , fixed blade knives , automatic knives , long guns, etc . Can not be concealed , can not be carried with intent to commit a crime . Case Law on 4-101 is varied in interpretation .

The light bulb moment that pops up periodically is that in theory , you Can carry one Openly w/o Permit .

The Wisdom of doing so is a different discussion .

The notable statute that does explicitly include Antiques is the Use of Firearm in Commission of Crime of Violence .
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Old November 25th, 2021, 06:12 PM #19
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Originally Posted by Biggfoot44 View Post
NO , you may NOT Conceal .

Absent any other specific statutory provision , they are generally under the provisions of 4-101 . Similar to swords , axes , fixed blade knives , automatic knives , long guns, etc . Can not be concealed , can not be carried with intent to commit a crime . Case Law on 4-101 is varied in interpretation .

The light bulb moment that pops up periodically is that in theory , you Can carry one Openly w/o Permit .

The Wisdom of doing so is a different discussion .

The notable statute that does explicitly include Antiques is the Use of Firearm in Commission of Crime of Violence .
EXACTLY! That part has been discussed in other threads many times. I for one am not going to do that unless SHTF events make it absolutely necessary. I'll just point to those threads for discussion...
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Old November 25th, 2021, 09:27 PM #20
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EXACTLY! That part has been discussed in other threads many times. I for one am not going to do that unless SHTF events make it absolutely necessary. I'll just point to those threads for discussion...
If things have gotten bad enough to openly carry a muzzleloading pistol, just openly carry or concealed carry that regular handgun. Maryland has an exemption for transporting a handgun due to apprehended danger. Not sure if there has ever been case law on that. But “the shit has hit the fan” could probably be considered immediate fear for your or other’s life or safety.
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