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Old November 25th, 2021, 09:34 PM #21
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I have no idea the particulars of the case, or whether a different charge would have resulted in penalties. All I know is that one criminal, and he was a criminal with all kinds of priors, got off of a concealed weapons charge, quite a long while ago, because his gun was an antique,

Do I recommend it? Hell no.

"It can get you into trouble but it can't get you out" - A very wise man in black.
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Old November 25th, 2021, 10:47 PM #22
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Quote:
Originally Posted by lazarus View Post
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.
Can you point out where that is in MD law?
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Old November 25th, 2021, 10:56 PM #23
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Quote:
Originally Posted by Mark75H View Post
Can you point out where that is in MD law?
Yeah, "Apprehended Danger" is G&S for obtaining a carry permit, it doesn't substitute in the moment for not having a permit in the first place.
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Old November 26th, 2021, 03:03 AM #24
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@ the istance Johnny5k refers , I don't know that case , but undoubtedly the arresting officer initially , and ASA subsequently charged under 4-203 , in the assumption being that the handgun shaped object was in fact a Handgun .

Then at Trial , the defense introduced evidence that the Handgun shaped object was Not a Handgun , but rather an Antique , or Replica thereof .

ADA , and probably Arresting Officer slap their heads , that they should have charged under 4-101 instead of 4-203 , but it was too late for that trial , and too embarassing to recharge defendant.

Added - As gun people we're curious what was the gun shaped object . If it were a flintlock or 1851 Navy , the ASA was stupid . If it were something like an Owl Head made on both sides of 1899 , or a first year production New Service , it would have been tricky .
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Old November 27th, 2021, 08:36 PM #25
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Quote:
Originally Posted by Mark75H View Post
Can you point out where that is in MD law?
Sorry I was forgetting handguns need not apply

It’s under the statute for carrying a concealed dangerous weapon, as Maryland exempts handguns and penknives as dangerous weapons under the statute.

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.
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Old November 27th, 2021, 10:50 PM #26
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Quote:
Originally Posted by Biggfoot44 View Post
@ the istance Johnny5k refers , I don't know that case , but undoubtedly the arresting officer initially , and ASA subsequently charged under 4-203 , in the assumption being that the handgun shaped object was in fact a Handgun .

Then at Trial , the defense introduced evidence that the Handgun shaped object was Not a Handgun , but rather an Antique , or Replica thereof .

ADA , and probably Arresting Officer slap their heads , that they should have charged under 4-101 instead of 4-203 , but it was too late for that trial , and too embarassing to recharge defendant.

Added - As gun people we're curious what was the gun shaped object . If it were a flintlock or 1851 Navy , the ASA was stupid . If it were something like an Owl Head made on both sides of 1899 , or a first year production New Service , it would have been tricky .
I agree, that it was likely a mischarge, as you describe.

I wish I knew the answer to any of those. The implication when I heard the story made me think it was something like an 1851 Navy. I don't want to get into who the attorney I knew was, or how I knew him. He had a very unenviable position, and kept his head down professionally, from what I could tell. The way he would put it, it was his job to make sure the ADA etc did their jobs correctly. He has been deceased for some time, if you hadn't gathered that yet.
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Old November 28th, 2021, 09:31 AM #27
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To potentially cut him some slack , there were a bunch of modest priced Top Break and Solid Frame ( not swing out) revolvers mfg in .22, .32, and .38 ( not Special) in 1880's to 1920's . H&R and Iver Johnson sold under own names , their own secondary brands ( notably US Revolver Co) , hundreds of Store and Distributor Brands , plus countless domestic and foreign knockoff .

Many didn't have s/n . And in 1899 , nobody knew that.would be an important distinction 69 years later.

So for many of those can't be definitely dated . With detailed knowledge of different models and variants , and changes in markings , start and stop date ranges can be determined . ie , certain model name stopped in 1897 , or certain Mfg Address changed in 1902 , etc .

If the Suspect realized , he would have been vocal at the time to try to not get arrested . So I'm guessing the Defense Lawyer was knowledgeable enough collector to recognize the possibility , and either consult standard reference works , or get Expert Witness .
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Old November 28th, 2021, 12:50 PM #28
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He Who Must Not Be Named is desperately trying to post to this thread from The Other Side.


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Old November 28th, 2021, 02:19 PM #29
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Old November 28th, 2021, 02:20 PM #30
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Quote:
Originally Posted by Allen65 View Post
Yeah, "Apprehended Danger" is G&S for obtaining a carry permit, it doesn't substitute in the moment for not having a permit in the first place.
Actually, it is in there. I didn't know until I read this thread.

Not sure I want to test drive it. It's an affirmative defense kind of thing.
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