Maryland Open Carry Question??

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  • SlaveNoMoreMD

    Member
    May 9, 2016
    48
    St. Mary's
    Since the 9CA decision on Peruta last week, it made me think about Maryland open carry. While 9CA refused to settle on California open carry question, but hinted that it may be constitutional to do so lead me to this question, have Maryland courts or 4CA settle on open carry from Woollard or any other cases? I think Woollard was more so a concealed carry G&S legal battle versus open carry or correct me if I am wrong. I know it is illegal to open carry in Maryland and it is strongly recommended not to with a W&C permit. However, if Maryland open carry was never address can we challenge Maryland in court on that question? Perhaps if MD open carry win based upon this constitutional right, it may change the G&S requirement as people may be afraid of actually see a handgun vs. concealed, thus finally force MD to starting issuing W&C permits abandoning most of the G&S reasons.
    ____________________________________
    CCW: AZ, CT, FL, ME, SC, TX, UT, VA
    Maryland Designated Collector
    Memberships: MSI, NRA, GOA, SAF, and NAAGA
     
    Last edited:

    jtb81100

    Ultimate Member
    May 28, 2012
    2,234
    Western HoCo
    Handgun OC not legal unless you have a carry permit or are hunting where allowed. Long gun OC is more murky. Not banned by the state, but if you try you should expect to be charged with things that would disqualify you from owning guns in the future.
     

    GTOGUNNER

    IANAL, PATRIOT PICKET!!
    Patriot Picket
    Dec 16, 2010
    5,494
    Carroll County!
    You can Open Carry a long gun (if you have the .....).

    I would also recommend changing your SN till you move out of Maryland.
     

    Biggfoot44

    Ultimate Member
    Aug 2, 2009
    33,437
    Under Md law, wear & carry is wear & carry without distinction between open and concealed. For handguns.

    Open Rifle carry is a more *interesting* situation.
    Outside of grandfathered local ordences and specific areas prohibiting all firearms under law or COMAR, it is legal on its face. The minefield is the potential of being charged with others charges, particularly disorderly conduct and 1st Degree Assult. Would make for interesting appeals on multiple Constitutional grounds.

    A cpl yrs ago we, meaning various individuals, MDS, 2A Community generally discussed this with great passion as to best courses stratagies , priorities, and stratagic timing. No broad conclusions or concencus was reached to date.
     

    jc1240

    Ultimate Member
    MDS Supporter
    Sep 18, 2013
    15,016
    Westminster, MD
    Under Md law, wear & carry is wear & carry without distinction between open and concealed. For handguns.

    Open Rifle carry is a more *interesting* situation.
    Outside of grandfathered local ordences and specific areas prohibiting all firearms under law or COMAR, it is legal on its face. The minefield is the potential of being charged with others charges, particularly disorderly conduct and 1st Degree Assult. Would make for interesting appeals on multiple Constitutional grounds.

    A cpl yrs ago we, meaning various individuals, MDS, 2A Community generally discussed this with great passion as to best courses stratagies , priorities, and stratagic timing. No broad conclusions or concencus was reached to date.

    OC long guns - they have to be unloaded, correct?
     

    jc1240

    Ultimate Member
    MDS Supporter
    Sep 18, 2013
    15,016
    Westminster, MD
    If I'm wrong, great. I wasn't referencing hunting. I was asking in the "I have it for self-defense because I'm not allowed to carry a pistol" sense.

    It would be less than a baseball bat if unloaded - that is absolute.

    Maybe I'm confusing general OC with the times it's done as a "demonstration."
     

    Biggfoot44

    Ultimate Member
    Aug 2, 2009
    33,437
    One of the many eternal questions on this topic.

    Are you hypothetically looking to do some form of public outreach ? Set yourself up to be s test case ? Be armed, or the purpose of being meaningfully armed on purpose ?
     

    BeoBill

    Crank in the Third Row
    MDS Supporter
    Oct 3, 2013
    27,255
    南馬里蘭州鮑伊
    Open Carry on the Mighty Beo. That's what I'm talkin' 'bout.

    Oh hellz yeah! Puts a whole new twist on a morning commute... :D

    th
     

    vgplayer

    Ultimate Member
    Jan 17, 2013
    1,069
    King George, VA
    I think there should more discussion on Long Gun OC. We shouldn't discourage anyone from exercising any of their rights. Along with educating the 2A good citizen, I dislike using the term law-abiding citizen, we need to educate law enforcement that it's our right, it's legal, get used to it.
     

    Rack&Roll

    R.I.P
    Patriot Picket
    Jan 23, 2013
    22,304
    Bunkerville, MD
    Every indication is that LE away from the urban centers is with us. It is their political overseers that are wielding the hammer, along with ambitious, attention-starved prosecutors.
     
    Last edited:

    vgplayer

    Ultimate Member
    Jan 17, 2013
    1,069
    King George, VA
    I agree and I don't see LE as our enemy. By education I would hope it would foster those LE that support an armed civilian populace to sit down with those that have drank the kool-aid.
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,512
    Westminster USA
    AG opinion on long gun open carry
    .
     

    Attachments

    • AG response to Long Gun Carry.pdf
      292.2 KB · Views: 255
    • Open Carry of Long Gun - Attorney General Letter.pdf
      185.5 KB · Views: 229

    SlaveNoMoreMD

    Member
    May 9, 2016
    48
    St. Mary's
    One of the many eternal questions on this topic.

    Are you hypothetically looking to do some form of public outreach ? Set yourself up to be s test case ? Be armed, or the purpose of being meaningfully armed on purpose ?

    Good questions Biggfoot44! I'm just trying to throw an ideal out there to accomplish what most of us on here want a MD W&C permit without G&S. No I am not that crazy to be a test case lol as MD is always trying to find any little thing to arrest us, which most of the charges will disqualify us to own a firearm let alone qualify to carry. So, you can say I am just questioning as an outreach for the legality so we might can challenge this in court. Currently, I see it is going to take years for SCOTUS to look at the G&S like cases either from CA, DC, MD, NJ, or NY to make a decision. Mind as well try another route to get something while we wait for the justices take up a similar case. The 9CA already ruled concealed carry is not constitutional, but some indication that open carry maybe. Now I want to see if the 4CA will also come to that conclusion to allow us not only to carry our long guns OC but our handguns as well. I still do prefer concealed to be honest :).

    ____________________________________
    CCW: AZ, CT, FL, ME, SC, TX, UT, VA
    Maryland Designated Collector
    Memberships: MSI, NRA, GOA, SAF, and NAAGA
     

    Mark75H

    MD Wear&Carry Instructor
    Industry Partner
    MDS Supporter
    Sep 25, 2011
    17,302
    Outside the Gates
    Are you aware that Gansler used legal open carry of long guns in MD as a reason that handguns could be restricted?
     

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