Baltimore County want to prohibit carry in parks

[dblas]

http://resources.baltimorecountymd.gov/Documents/CountyCouncil/bills 2016/b04216.pdf

See page 4 and 5 of the above legislation, they want to prohibit anyone from carrying a firearm, even those with a wear and carry permit.

The amendments to the statute were at the request of the County Executive.

Link for County Council: http://www.baltimorecountymd.gov/countycouncil/

Link for County Executive: http://www.baltimorecountymd.gov/countyexecutivemega.html

Let's let them know what we think.

 

[swinokur]

how does that comport with premption?

4-209

If it creates a conflict with state law, not legal.
.

 

[dblas]

how does that comport with premption?

4-209

If it creates a conflict with state law, not legal.
.

Here is the full text of the Criminal Law Article 4-209:

See the highlighted section below, especially that having to do with parks.

§ 4-209. Regulation of weapons and ammunition


(a) State preemption. -- Except as otherwise provided in this section, the State preempts the right of a county, municipal corporation, or special taxing district to regulate the purchase, sale, taxation, transfer, manufacture, repair, ownership, possession, and transportation of:

(1) a handgun, rifle, or shotgun; and

(2) ammunition for and components of a handgun, rifle, or shotgun.

(b) Exceptions. --

(1) A county, municipal corporation, or special taxing district may regulate the purchase, sale, transfer, ownership, possession, and transportation of the items listed in subsection (a) of this section:

(i) with respect to minors;

(ii) with respect to law enforcement officials of the subdivision; and

(iii) except as provided in paragraph (2) of this subsection, within 100 yards of or in a park, church, school, public building, and other place of public assembly.

(2) A county, municipal corporation, or special taxing district may not prohibit the teaching of or training in firearms safety, or other educational or sporting use of the items listed in subsection (a) of this section.

(3) A county, municipal corporation, or special taxing district may not prohibit the transportation of an item listed in subsection (a) of this section by a person who is carrying a court order requiring the surrender of the item, if:

(i) the handgun, rifle, or shotgun is unloaded;

(ii) the person has notified the law enforcement unit, barracks, or station that the item is being transported in accordance with the court order; and

(iii) the person transports the item directly to the law enforcement unit, barracks, or station.

(c) Preexisting local laws. -- To the extent that a local law does not create an inconsistency with this section or expand existing regulatory control, a county, municipal corporation, or special taxing district may exercise its existing authority to amend any local law that existed on or before December 31, 1984.

(d) Discharge of firearms. --

(1) Except as provided in paragraph (2) of this subsection, in accordance with law, a county, municipal corporation, or special taxing district may regulate the discharge of handguns, rifles, and shotguns.

(2) A county, municipal corporation, or special taxing district may not prohibit the discharge of firearms at established ranges.

HISTORY: An. Code 1957, art. 27, § 36H; 2002, ch. 26, § 2; 2010, ch. 712.

 

[swinokur]

so which part takes precedence? the portion about parks or the portion about creating an inconsistency?

 

[Gambler]

Sounds good, gun free zones have been working really well elsewhere...

 

[POP57]

With all the restrictions placed on those that have a CCW doesn't it already cover this? ie.....travel back in forth for business....etc

 

[Name Taken]

The "may not possess a knife" is more of a worry then firearms I would think

It doesn't follow the lines of the states concealed deadly weapon law of fixed blade knives and exempting "pen knives". It just say knives.

 

[swinokur]

With all the restrictions placed on those that have a CCW doesn't it already cover this? ie.....travel back in forth for business....etc

a few lucky people have unrestricted permits. Others are engaged in business that could include carrying business cash even if in a park. Give them an inch and all that..

 

[DC-W]

I'll be sending my Councilman a note today. Thank you!

 

[tailboardtech]

Hate to tell ya but been like that for a while

 

[DC-W]

Oh it's worse.


They're even attempting to ban knives

[(b)] (C)(1) Except for a law enforcement officer OR A PERSON OTHERWISE
19 AUTHORIZED BY THE DIRECTOR, a person may not [possess a firearm in a park] CARRY,
20 POSSESS, OR DISCHARGE A FIREARM, BOW, DART, KNIFE, OR ANY OTHER
21 DANGEROUS WEAPON ON PARK PROPERTY.

"dangerous weapon" isn't defined.

 

[POP57]

a few lucky people have unrestricted permits. Others are engaged in business that could include carrying business cash even if in a park. Give them an inch and all that..

Understood. We still have an illegal law on the books that says you can't carry in New Castle County Parks. It was passed in 1998 but state preemption law was passed in 1985 or so. This thread reminded me I need to send another email to my reps.

 

[Bertfish]

I'll drop my councilwoman an email

 

[StickShaker]

I'm probably wrong here but if I was standing there reading that park sign, since firearms are included with the open fires sentence, I would take it to mean unconcealed firearms prohibited but CCW OK.

 

[POP57]

Hate to tell ya but been like that for a while

Appears they just put it on the signage without the law then. Kind of like a "Gun Free Zone" sign.

 

[redeemed.man]

Here is the full text of the Criminal Law Article 4-209:

See the highlighted section below, especially that having to do with parks.

§ 4-209. Regulation of weapons and ammunition


(a) State preemption. -- Except as otherwise provided in this section, the State preempts the right of a county, municipal corporation, or special taxing district to regulate the purchase, sale, taxation, transfer, manufacture, repair, ownership, possession, and transportation of:

(1) a handgun, rifle, or shotgun; and

(2) ammunition for and components of a handgun, rifle, or shotgun.

(b) Exceptions. --

(1) A county, municipal corporation, or special taxing district may regulate the purchase, sale, transfer, ownership, possession, and transportation of the items listed in subsection (a) of this section:

(i) with respect to minors;

(ii) with respect to law enforcement officials of the subdivision; and

(iii) except as provided in paragraph (2) of this subsection, within 100 yards of or in a park, church, school, public building, and other place of public assembly.

(2) A county, municipal corporation, or special taxing district may not prohibit the teaching of or training in firearms safety, or other educational or sporting use of the items listed in subsection (a) of this section.

(3) A county, municipal corporation, or special taxing district may not prohibit the transportation of an item listed in subsection (a) of this section by a person who is carrying a court order requiring the surrender of the item, if:

(i) the handgun, rifle, or shotgun is unloaded;

(ii) the person has notified the law enforcement unit, barracks, or station that the item is being transported in accordance with the court order; and

(iii) the person transports the item directly to the law enforcement unit, barracks, or station.

(c) Preexisting local laws. -- To the extent that a local law does not create an inconsistency with this section or expand existing regulatory control, a county, municipal corporation, or special taxing district may exercise its existing authority to amend any local law that existed on or before December 31, 1984.

(d) Discharge of firearms. --

(1) Except as provided in paragraph (2) of this subsection, in accordance with law, a county, municipal corporation, or special taxing district may regulate the discharge of handguns, rifles, and shotguns.

(2) A county, municipal corporation, or special taxing district may not prohibit the discharge of firearms at established ranges.

HISTORY: An. Code 1957, art. 27, § 36H; 2002, ch. 26, § 2; 2010, ch. 712.

Maybe they get around it with "modifying an existing law". If they already had off limits areas prior to preemption can't they add to the list since they are only modifying? Ducks either way. No legal gun owner is shooting anyone in a Baltimore county park. Bunch of BS

 

[Silent Partner]

Why would anybody in their right mind go into a County Park ? You're better off staying home with all the restrictions.
Want to have a picnic and a glass of wine, nope need permission.
Want to take your dog for a walk off leash, nope forbidden.
Want to carry a pocket knife for leaf, grass, insect collection, nope prohibited.
Want to roller skate, in-line skate, skateboard, ice skate, nope only designated areas.
Why risk a fine, jail, confiscation, stay away from these places

 

[PapiBarcelona]

At least you can still ride your donkey in there, I don't see a rule about donkeys.

 

[Silent Partner]

At least you can still ride your donkey in there, I don't see a rule about donkeys.

The only jackass I want to ride is the County Executive Kamenetz. The guy is a real slim ball

 

[dblas]

Maybe they get around it with "modifying an existing law". If they already had off limits areas prior to preemption can't they add to the list since they are only modifying? Ducks either way. No legal gun owner is shooting anyone in a Baltimore county park. Bunch of BS

Nope, no provision for updating an existing law.

The part that covers them is the "100 yard of or within a park".