Caught With A Gun On You

[Threeband]

There are inches in county laws. Howard, Caroline I believe have this in place. No statewide preemption on knife laws.

Do you have a citation for the HoCo law? What is the prohibited length?

 

[AliasNeo07]

Do you have a citation for the HoCo law? What is the prohibited length?

I've also not heard of that.

 

[Ruzo]

I used to work with a guy who carried every day. He used the 12-6 moto. Now he shoots air pistols.

 

[Darkemp]

Do you have a citation for the HoCo law? What is the prohibited length?

Sorry it's not blade length in Howard, it's possession in a park space which is broadly defined in the statute.

http://library.municode.com/mobile/search.aspx?search=Knife&clientID=14680

Cambridge, MD is the one with the blade length law at 3".

 

[2SAM22]

My thug neighbor got arrested twice for criminal possession of a handgun and got nolle prosse'd both times.

Nol pros is the how MD rolls.

 

[ffemtreed]

There was a person in Hebron MD that got caught with a handgun on him after almost running a sheriff over (allegedly).

Following up on his case the disposition is STET, which I understand to mean they aren't going to pursuit prosecuting him anytime soon, unless they find more information or he gives them a another reason to prosecute.

 

[CharlieFoxtrot]

The outcome for getting caught with a concealed handgun varies a lot by county. A lot of them (mainly rural) you'll get a PBJ if you have a clean record and its not in the context of doing something else stupid. You will forfeit the gun. In some cases you can get a stet if you have a good story to sell to the prosecutor. Some prosecutor's offices ( Montgomery county I know for sure) have a policy that they will oppose a PBJ no matter what.

 

[Ruzo]

My thug neighbor got arrested twice for criminal possession of a handgun and got nolle prosse'd both times.

Wow! How is that possible?? If they caught this jerk off with a gun that's proof right there. I thought nolle prosse could only be declared when the prosecutor can't show proof of evidence.

 

[Darkemp]

Wow! How is that possible?? If they caught this jerk off with a gun that's proof right there. I thought nolle prosse could only be declared when the prosecutor can't show proof of evidence.

Nolle pros's are entered for a lot of reasons: lack of evidence or witnesses (a lot of witnesses never show up to court and they don't issue FTA warrants for them), police officer in another case (judges here don't have much understanding for scheduling issues), police officer on vacation or sick.

 

[JRoCc]

Williams vs Maryland?? Isn't he still incarcerated? Supreme court will not hear his case.

 

[CapoGreg]

My father carried without a permit for almost 14 years after an accident left him paralyzed from the waist down. His argument was that he had the right to defend himself at all costs since he was no longer able to run from trouble. His brother, who was MSP, backed him on that and said that no prosecutor or judge would want to be responsible for sending a paralyzed man to jail for protecting himself.

 

[MikeSP]

He's wrong. Besides upon conviction you'll lose your gun rights forever, your firearm will probably be forfeited in court and thereupon destroyed.
http://law.justia.com/codes/maryland/2010/criminal-law/title-4/subtitle-2/4-203/

why would you lose your gun rights forever?
The penalty section says:
(c) Penalty.-
(1) A person who violates this section is guilty of a misdemeanor and on conviction is subject to the penalties provided in this subsection.
(2) If the person has not previously been convicted under this section, § 4-204 of this subtitle, or § 4-101 or § 4-102 of this title:
(i) except as provided in item (ii) of this paragraph, the person is subject to imprisonment for not less than 30 days and not exceeding 3 years or a fine of not less than $250 and not exceeding $2,500 or both

Its not a felony or violent crime so is it because the jail time COULD be up to 3 years?
I couldn't find a list of "disqualifying crimes" that would prevent ownership.

 

[2SAM22]

why would you lose your gun rights forever?
The penalty section says:
(c) Penalty.-
(1) A person who violates this section is guilty of a misdemeanor and on conviction is subject to the penalties provided in this subsection.
(2) If the person has not previously been convicted under this section, § 4-204 of this subtitle, or § 4-101 or § 4-102 of this title:
(i) except as provided in item (ii) of this paragraph, the person is subject to imprisonment for not less than 30 days and not exceeding 3 years or a fine of not less than $250 and not exceeding $2,500 or both

Its not a felony or violent crime so is it because the jail time COULD be up to 3 years?
I couldn't find a list of "disqualifying crimes" that would prevent ownership.

Yes, any felony conviction, or any conviction for a misdemeanor that carries more than 2 years in jail is prohibiting.

 

[tc617]

The MD permit is for all types of carry, not the method of carry.

So if your Maryland Handgun Permit is approved you can opt to open carry versus concealed? If this is so, then why would anyone be legally worried about printing or accidentally exposing their gun while carrying concealed?

why would you lose your gun rights forever?
The penalty section says:
(c) Penalty.-
(1) A person who violates this section is guilty of a misdemeanor and on conviction is subject to the penalties provided in this subsection.
(2) If the person has not previously been convicted under this section, § 4-204 of this subtitle, or § 4-101 or § 4-102 of this title:
(i) except as provided in item (ii) of this paragraph, the person is subject to imprisonment for not less than 30 days and not exceeding 3 years or a fine of not less than $250 and not exceeding $2,500 or both

Its not a felony or violent crime so is it because the jail time COULD be up to 3 years?
I couldn't find a list of "disqualifying crimes" that would prevent ownership.

I had an interesting discussion with a guy this week who refuses to apply for a Maryland Handgun Permit. He says that he has concealed carried for many years and that he said that doesn't feel the need to "ask" Maryland for permission to excercise his 2A rights. He said that he is not worried about arrests because it is only a misdemeanor in Maryland. He said that he doesn't care if they confiscate his handgun because he carries a fairly inexensive one and he has many more at home. He added that all of his guns are bought privately and not registered with Maryland. Would you believe that this guy just so happens to work behind a gun counter selling guns? I was kind of shocked by his bold statements.

 

[swinokur]

So if your Maryland Handgun Permit is approved you can opt to open carry versus concealed? If this is so, then why would anyone be legally worried about printing or accidentally exposing their gun while carrying concealed?

With a major change in the legality of carry, I'd expect the statute to be rewritten. The current statute will change IMO. And are there any printing statues? I'm not even sure the concealed carry statute defines what concealed is

 

[MJD438]

With a major change in the legality of carry, I'd expect the statute to be rewritten. The current statute will change IMO. And are there any printing statues? I'm not even sure the concealed carry statute defines what concealed is

I think the only code that applies to "carrying" is 4-203, and it only specifies "open or concealed" with no major definitions of either term.

 

[teratos]

So if your Maryland Handgun Permit is approved you can opt to open carry versus concealed? If this is so, then why would anyone be legally worried about printing or accidentally exposing their gun while carrying concealed?
.

Try it. See how fast one of the sheep calls the shepherd. You will probably be cited for disturbing the peace, and lose your permit.

 

[Teemus]

You can get off with a Nolle Prosequi as well if you get caught. Just tell the arresting officer and, later, the judge, that "...I was just getting my life together your honor. I have a promising career as a rapper/NBA player." They will let you off every time (and multiple times). It's like having a "Get out of jail free" card in monopoly. Don't believe me? Just scroll through a few thousand cases in the MD Judiciary Case Search and read the charges and the outcomes.

Oh, I forgot. None of this works if you are:

1. Have a long history of working at a legal occupation.
2. Own your home or are paying a mortgage.
3. Not a registered Democrat.
4. Do not have a lengthy criminal history.
5. Not presently receiving public assistance.

 

[Threeband]

Well dang, that rules me out.

 

[tc617]

Try it. See how fast one of the sheep calls the shepherd. You will probably be cited for disturbing the peace, and lose your permit.

I figure that you would become very popular with the local authorites everytime that you went out.

Question, so when you get a Maryland Handgun Permit, does it come with a booklet, instructions, or informational pamphlets on how you should carry in Maryland?... like the booklet when you get a MD fishing/hunting license, or packet BATFE C&R license?