Maryland local firearms laws that existed before 1/1/1985

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  • Brooklyn

    I stand with John Locke.
    Jan 20, 2013
    13,095
    Plan D? Not worth the hassle.
    It's called grandfathering, which is a double edged sword

    Did the law explicitly grandfather ? Or is it implied. It would seem that grandfathered laws,should they exist, could no loner be changed by local ordinance as that would violate preemption. Which makes no sense. It grandfather explicitly then we are stuck with it otherwise I think we have a shot in court of claiming that the intent was not to grandfather....

    No easy lift,,,but possible. Esp if we get good rulings from scotus.
     

    Inigoes

    Head'n for the hills
    MDS Supporter
    Dec 21, 2008
    49,367
    SoMD / West PA
    Did the law explicitly grandfather ? Or is it implied. It would seem that grandfathered laws,should they exist, could no loner be changed by local ordinance as that would violate preemption. Which makes no sense. It grandfather explicitly then we are stuck with it otherwise I think we have a shot in court of claiming that the intent was not to grandfather....

    No easy lift,,,but possible. Esp if we get good rulings from scotus.

    Which could be a reason why the SAF is suing Walkersville

    http://www.mdshooters.com/showthread.php?t=115661
     

    Les Gawlik

    Ultimate Member
    Apr 2, 2009
    3,384
    La Plata:
    http://library2.municode.com/default-test/home.htm?infobase=16432&doc_action=whatsnew

    146-5 Discharge of firearms.

    A. It shall be unlawful for any person within the town limits to have concealed upon his person any deadly or dangerous weapon; provided, however, that the officers, noncommissioned officers and privates of the United States Army, Navy, Air Force or Marine Corps or any regularly organized military company, police officers, officers guarding prisoners, officials of the United States or any state or the District of Columbia engaged in the execution of the laws for the protection of persons or property, when such persons are on duty, shall not be liable for carrying necessary arms for use in performance of their duty, and provided further that nothing contained in this section shall be so construed as to prevent any person from keeping or carrying about his place of business, dwelling house or premises any such dangerous or deadly weapon or from carrying the same from place of purchase to his dwelling house or place of business or from his dwelling house or place of business or any place where repairing is done, to have the same repaired, and back again.

    So, if you have the coveted Maryland permit, it doesn't work in LaPlata.
     

    Blacksmith101

    Grumpy Old Man
    Jun 22, 2012
    22,165
    Cecil County may have an oops. Nothing here references any date prior to 1990 so this law may be preempted?

    Cecil County Maryland
    http://ecode360.com/16189200
    [HISTORY: Adopted by the Board of County Commissioners (now County Council) of Cecil County 3-6-2012 by Ord. No. 2012-02 (Ch. 57, § 57-13, of the 1990 Code of Public Local Laws). Amendments noted where applicable.]

    § 261-5 Park rules and regulations.

    Section R

    R. Possession of firearms. No person shall have in his/her possession any firearm or weapon while upon park property. This subsection shall not apply to persons authorized by law to carry firearms in the discharge of their official duties.
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    Harford county
    http://www.ecode360.com/ecode3-back/getSimple.jsp?guid=HA0904

    "§ 260-4 Firearms.
    [Added by Bill No. 85-38]A. Within this section, a "firearm" shall mean any pistol, revolver, rifle or shotgun designed to propel any projectile or projectiles by means of explosive energy.
    B. It shall be unlawful for any person to fire or discharge any firearm:

    (1) On the property of another without written permission of the property owner or tenant and having the written permission in immediate possession.
    (2) In the direction of any residential dwelling or building designed and used for human occupancy or school wherein the person firing or discharging the firearm knows or should have known that the projectile or projectiles have a reasonable chance of striking the structure.
    (3) On public property without first obtaining written permission from the appropriate agency or a permit from the agency if required and having the written permission or permit in immediate possession.
    (4) Wherein the projectile or projectiles traverse the property of another so as to endanger life, limb or property.
    (5) Within one hundred fifty (150) yards of any residential dwelling or building designed and used for human occupancy or school, located on adjacent or abutting property, without written permission from the property owner or tenant and having the written permission in immediate possession.
    C. Nothing in this section shall be held to apply to or prohibit the firing or discharge of any firearms on a bona fide shooting range or if the same is reasonably necessary for the defense of life or property or to any law enforcement officer in the performance of official duty."


    Bill number starting with 85 may mean it was added to law in 1985, or the 1978 was ammended in 1985. That last part sounds alot like texas style castle doctrine though.

    I think this has been amended since 1985. We bought our house in 84, and sometime after that, I called the sheriff's office about shooting on my property and was told that the requirement was 50 yards for other structures.
     

    spacer75

    Amateur Rocket Scientist
    Jul 29, 2011
    71
    Rockville:
    Sec. 14-46. - Games.

    A person may not play games involving thrown or otherwise propelled objects such as balls, stones, arrows, javelins or model airplanes except in areas set apart for such forms of recreation.

    (Laws of Rockville, Ch. 7 , § 7-3.01(v))

    ok ok, thats not about guns but just as ... laughable.

    Sec. 14-43. - Firearms.

    A person may not carry or discharge any firearms.

    A person may not discharge any firearm, rifle, shotgun, revolver, pistol, airgun, air rifle or any similar mechanism that is designed to expel a projectile through a gun barrel by the action of any explosive, gas, compressed air, spring, or elastic within the corporate limits of the City whether such mechanism is loaded with blank or live cartridges or projectiles of any kind.

    (b)

    Subsection (a) does not apply to:

    (1)

    The discharge of any mechanism on any target, trap or skeet range or shooting area which has been inspected and approved in writing by the City Manager; or

    (2)

    The discharge of any such mechanisms by any person in a private basement or cellar target range; or

    (3)

    The discharge of any such mechanism where necessary to protect life or property or to kill any dangerous animal; or

    (4)

    To any duly authorized peace officer acting in the proper performance of his official duties; or

    (5)

    The discharge of blank cartridges in theatrical performances or sporting events; or

    (6)

    The firing of salutes by firing squads at military funerals.

    (c)

    The City Manager shall issue target, trap and skeet range and shooting area approval certificates, which certificates may specify the time and manner of shooting and type of gun or ammunition which may be used on such range or area. Any such approval certificate shall be valid for eighteen (18) months after its issuance and shall be issued only upon a finding by the City Manager that the discharge of guns upon such ranges or areas will not jeopardize life or property. No range or area shooting certificate shall be issued except upon the written application of the owner, lessee or person lawfully in possession of the land upon which is located the range or area sought to be licensed or approved.

    (d)

    Any person who violates this section is guilty of a misdemeanor.

    Hang on... Section 14 is under Parks and Recreation and:

    Sec. 14-35. - Scope.

    This article applies only in the publicly owned recreation areas within the corporate limits of the City.

    So I think 14-43 and 14-46 apply only to public parks in Rockville. (13-61 regarding discharge, not carrying, of firearms applies generally though.)

    Legal eagles, do you concur?
     

    foxtrapper

    Ultimate Member
    Sep 11, 2007
    4,533
    Havre de Grace
    I can't seem to find anything regarding discharging firearms in Cecil county. I've looked all through the county code at any subject that might contain such info. Is there a safety zone for discharging, such as on your own rural property?
     

    Blacksmith101

    Grumpy Old Man
    Jun 22, 2012
    22,165
    There is a restriction when HUNTING that is in the DNR regulations (the 150 yards without permission rule you know about). I also looked for target shooting and found nothing so I will be interested in any responses that cite references instead of opinion and rumor.
     

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