focusr3
Active Member
- Apr 23, 2008
- 123
I was told today that if you are carrying without a permit it is a misdemeanor. So is it worth it. I can not verify this yet i will look in to it but someone else can find out post it.
What is it worth for you to carry
- Thread starter focusr3
- Start date
The #1 community for Gun Owners of the Northeast
Member Benefits:
No ad networks! Discuss all aspects of firearm ownership Discuss anti-gun legislation Buy, sell, and trade in the classified section Chat with Local gun shops, ranges, trainers & other businesses Discover free outdoor shooting areas View up to date on firearm-related events Share photos & video with other members ...and so much more!
Member Benefits:
fivepointstar
Thank you MD-Goodbye
Concealed Deadly Weapon: Serious Misdemeanor.....3 yrs. Been awhile since I looked it up but pretty sure.
fivepointstar
Thank you MD-Goodbye
I"m sure Novice can find the exact verbage used. When you fill out your MSP App, you'll have to check "YES" for being charged with a crime.
BTW....has everyone seen the new and improved BATF Apps (I don't know form numbers).
BTW....has everyone seen the new and improved BATF Apps (I don't know form numbers).
focusr3
Active Member
- Apr 23, 2008
- 123
Your probably right about 3 years the way it was told to me sounded like no big deal "it is only a misdemeanor" source city police.
I think this is what you were talking about the form 4473..
http://www.atf.gov/press/2008press/100308f4473_pt1_aug2008-sample-rev.pdf
Spot77
Ultimate Member
It's not worth my honor and breaking my word.
I've tried to live my life by the law, and I've testified countless times in front of the legislature about how I, as a law abiding citizen should be allowed to carry.
I'd rather die with my integrity than live without it.
I've tried to live my life by the law, and I've testified countless times in front of the legislature about how I, as a law abiding citizen should be allowed to carry.
I'd rather die with my integrity than live without it.
Redneck
Ultimate Member
I posted this same thing about a year and a half ago. A Baltimore City Police Officer once told me that I was better off carrying a handgun and taking the misdemeanor if something were to happen rather than get mugged, jumped, shot, or killed or have someone I'm with get harmed. Let me make myself very clear and there is one person on this site who can vogue for me and what the officer told me, but I have never taken his advice. I will admit however that the closer we get to this election certain things have crossed my mind.
I think the real question to ask is what is the risk of getting caught? How many times have you actually been searched by the police? I did not own a hand gun during my under grad days, but I did have numerous encounters with law enforcement and was never searched once. I've never been asked if I had a gun or drugs in the car when I get pulled over, and I get pulled over a lot due to my Asian background (public roads just don't work out for me).
So everyone is saying "slap on the wrist to spank on the ass for punishment" and a very low chance of even getting caught...but you also have a low chance of getting killed if you don't have it. You just have to weigh those three things out.
BTW, they actually would put your gun carrying ass in jail, even though our jails are too crowded they'd let a felon go just to put a good citizen in jail. I think the justification is that the felon did not really pay any taxes, but you do so why note let you get some of your tax money back?
I leave my biscuit at home, I am too active during the day and sweat and stuff. Plus, I've got really good a choking people.
So everyone is saying "slap on the wrist to spank on the ass for punishment" and a very low chance of even getting caught...but you also have a low chance of getting killed if you don't have it. You just have to weigh those three things out.
BTW, they actually would put your gun carrying ass in jail, even though our jails are too crowded they'd let a felon go just to put a good citizen in jail. I think the justification is that the felon did not really pay any taxes, but you do so why note let you get some of your tax money back?
I leave my biscuit at home, I am too active during the day and sweat and stuff. Plus, I've got really good a choking people.
Redneck
Ultimate Member
Just to add what Mark said, I was pulled over 2 weeks ago. My buddy did a burnout through the Wal-Mart parking lot and we got caught. we were in Cambridge, down there hunting. The officer could clearly see gun cases in the back of the truck and never once asked what was in them. I have only been pulled over or even stopped by cops a few times and never once was asked if I had a gun or drugs on me. Like Mark said, you gotta weigh your options.
Well weigh everything, make a decision but don't tell anyone. I know I posted what I do i.e. carrying every day just does not work for me and is not practical.
Just don't be dumb and say you're breaking the law
Redneck
Ultimate Member
+1
I DO NOT CARRY IN MARYLAND without a permit, I don't think its worth the risk of getting caught, but every now and again I find myself in places or parts of town where I do wish I was able to carry.
smokey
2A TEACHER
- Jan 31, 2008
- 31,559
some would say it's better to be judged by 12 than carried by six...compelling argument and an unfortunate situation that our lawmakers have put us in. if we choose to defend our selves we are turned into criminals, if we live by these dumbass laws we are easy prey. i say legally get a florida permit and carry legally where you can. some of our members are right on about just not being dumb and posting something stupid like you are carrying and breaking the law on here...makes us look real dumb in annapolis when we are tryin to convey that we are law-abiding citizens and our opposition needs to only pull up one of our own threads to instantly discredit us.
Yeah, three years is the penalty. Even though it is a misdemeanor, it carryies more than two years max which means no more RKBA (with the exception of maybe antiques that do not fire fixed ammunition). This is the fed and state law.
Now, I have said this before and before I start remember I am not a lawyer, but an antique handgun is not covered under the "Handguns" section (pertinent parts, 4-201 and 4-203) and they might not be covered under the concealed weapons section. At the very least there seems to be no law on the open carry of antique handguns (local laws may exist) and therefore it seems to be legal. But the concealed carry, as this non lawyer reads it, is not illegal either because handguns are exempted by the concealed weapons section (4-101).
I am pretty sure about the open carry of antique handguns and I am kinda sure about the concealed carry of antique handguns, but please remember if I am wrong the penalty means the loss of the RKBA for life upon conviction.
Now the confusing part. Even if I am wrong about concealed antique handguns being exempted from the scope of the section, if you are caught with one concealed, you can claim a fear of apprehended danger as your defense.
So in other words let's say your life was threatened and you can prove it, but the MDSP does not give you a handgun permit. If you fear for your life and you can prove it is a reasonable belief to the judge or jury, then you can avoid a conviction for violating the concealed weapon statute.
Note: there is no "fear of apprehended danger" exception in the "Handguns" section, just the "Dangerous Weapons" (concealed) section.
There is also something in common law called an "affirmative defense", but I have no idea what that is really and I hope one of our lawyer members can explain it or say if it is even applicable in MD law. http://en.wikipedia.org/wiki/Affirmative_defense
Now, I have said this before and before I start remember I am not a lawyer, but an antique handgun is not covered under the "Handguns" section (pertinent parts, 4-201 and 4-203) and they might not be covered under the concealed weapons section. At the very least there seems to be no law on the open carry of antique handguns (local laws may exist) and therefore it seems to be legal. But the concealed carry, as this non lawyer reads it, is not illegal either because handguns are exempted by the concealed weapons section (4-101).
I am pretty sure about the open carry of antique handguns and I am kinda sure about the concealed carry of antique handguns, but please remember if I am wrong the penalty means the loss of the RKBA for life upon conviction.
Now the confusing part. Even if I am wrong about concealed antique handguns being exempted from the scope of the section, if you are caught with one concealed, you can claim a fear of apprehended danger as your defense.
So in other words let's say your life was threatened and you can prove it, but the MDSP does not give you a handgun permit. If you fear for your life and you can prove it is a reasonable belief to the judge or jury, then you can avoid a conviction for violating the concealed weapon statute.
Note: there is no "fear of apprehended danger" exception in the "Handguns" section, just the "Dangerous Weapons" (concealed) section.
There is also something in common law called an "affirmative defense", but I have no idea what that is really and I hope one of our lawyer members can explain it or say if it is even applicable in MD law. http://en.wikipedia.org/wiki/Affirmative_defense
If someone was a five hundred pound man in Florida, the saying might be "better to be judged by six than to be carried by twelve."
Yes, I have seen them and they changed a couple things.
Just to add to the getting pulled over comments.
Over the years I've been asked at least a couple times whether there were any guns, alcohol, or drugs in the vehicle.
Last time I was pulled over was in DE about three years ago, the vehicle and all passengers were searched. Granted, I was leaving a not so great neighborhood known for rather high crime and drug activity late at night where the patrol officers generally aren't the moral stand-up by-the-book type, and one of my friends with me was a black guy.
To me the hassle that could likely result and the possibility of losing the right compeletly isn't worth the risk of carrying without a permit.
Since I live pretty much on the State line and spend just as much if not more time in DE where I could carry openly (or with a FL permit concealed) I might take the slight risk of being caught between home and DE, but that's about it. Of course, I feel like there is more of a reason to carry in MD than in DE generally.
Over the years I've been asked at least a couple times whether there were any guns, alcohol, or drugs in the vehicle.
Last time I was pulled over was in DE about three years ago, the vehicle and all passengers were searched. Granted, I was leaving a not so great neighborhood known for rather high crime and drug activity late at night where the patrol officers generally aren't the moral stand-up by-the-book type, and one of my friends with me was a black guy.
To me the hassle that could likely result and the possibility of losing the right compeletly isn't worth the risk of carrying without a permit.
Since I live pretty much on the State line and spend just as much if not more time in DE where I could carry openly (or with a FL permit concealed) I might take the slight risk of being caught between home and DE, but that's about it. Of course, I feel like there is more of a reason to carry in MD than in DE generally.
Why'd you get searched? That is unacceptable, did you forget "I do not consent to any searches"...step out of the car please [lock you door behind you and still refuse]...then "did you pull me over for a traffic violation, are you detaining me or am I free to go".... "please get your supervisor down here so I can file against you."
you should never be searched, ever. Unless you are doing something illegal i.e. driving down the street smoking a blunt with 3 bags of pot in plain sight, in which case we probably would not like those people on here.
I'm not mad at you, I just get pissed off when people consent to searches and have no idea about their rights. People should be able to stand up to the police, from any department, assert their rights and control the situation. Once you do that it really changes the game because the police won't risk getting in trouble and they should just go by the books and if they don't they can get fired. The police are their to help you not to **** you.
and by the way, can't you go to jail for life if you have an "illegal" handgun in DE?
The offense if a three year offense but you would not get that on the first offense. It would probably be pbj641 and then the arrest could probably be removed. The defense would be that you fear for your life in Maryland..I do. lol Then the Fourteenth Amendment and the Heller decision could help. Maryland is a scary place and if Obama wins next week the natives will get ballsier than ever before.
Users who are viewing this thread
Forum statistics
Latest threads
-
-
Pistol and Lever Action Rifle Silhouette Match- Started by DAVIDMAGNUM
- Replies: 0
-
-
-
-
C&R/Milsurp 2 Gun Action Match - AGC Action Shooting - June 2, 2024 (1 Viewer)- Started by Red1917
- Replies: 5
-