Good Samaritan Faces Charges

[Longhorse]

The police should have used their discretion in this situation. If they couldn't, the prosecutor should have declined to charge him or should drop the charges. Since that doesn't appear to be happening, hopefully the jury finds him not guilty. While I don't envy anyone who may end up being a test case, this is all the more reason why Maryland should have reciprocity with other states, if nothing else. The right to keep and bear arms is a constitutional right that all Americans share. That right doesn't end when you cross state lines.

 

[Longhorse]

Someone please find the ordinance about 100 feet from a public building.

TD

I'm curious about this too. Shouldn't this be something that is covered by state preemption? And does it apply to W&C permit holders?

 

[miles71]

Got it
Baltimore Code 59-5

HOWEVER:
(d) Exceptions. This section does not prohibit the wearing, carrying, or transporting of a handgun by a person covered by an exception in State Criminal Law Article § 4-203(b).

TD

 

[Longhorse]

Got it
Baltimore Code 59-5

HOWEVER:
(d) Exceptions. This section does not prohibit the wearing, carrying, or transporting of a handgun by a person covered by an exception in State Criminal Law Article § 4-203(b).

TD

Thanks! I figured it wouldn't apply to W&C permit holders but it's good to have confirmation.

 

[Mark75H]

So they are charging him with the lessor crime of the city ordinance rather than the MD state carrying without a permit.

 

[Slowhand]

law is law. Plain and simple. He broke that. There are consequences. No one is exempt.
You don’t have to agree with laws. But you have to follow them

I beg to differ. Look at our gov't. From the very top down they are picking and choosing which laws to apply and which to ignore. And who to apply them to. Look at our local gov't. DA in Baltimore wont charge people for much except capital murder. Look at our state AG for example also. Peter Francho said he would ignore federal gun laws in some conditions.
Scary but true. We will not be a free society if we continue to abide by this. You may choose your own path. You don't have to broadcast it to the world.

 

[Mark75H]

So they are charging him with the lessor crime of the city ordinance rather than the MD state carrying without a permit.

59-5 is not a prohibiting crime. Misdemeanor; max 1 year, max fine $1,000. No PBJ, but no minimum fine or sentence. Could be fined $1 and time served.

 

[dblas]

law is law. Plain and simple. He broke that. There are consequences. No one is exempt.
You don’t have to agree with laws. But you have to follow them

The law is UnConstitutional...and as such, should be challenged at every opportunity.

 

[Bullfrog]

Maybe Im wrong,but do you thing he took the perp's gun and now is calling it his?
I read the story on another thread,and the cops said they couldn't find it

The video shows he had it holstered on his hip, and the police removed it from the holster while he was still holding the attacker down, so no.

I don't think he took the gun out of the perps hand, took the guys' holster, put it on himself and then holstered the gun all while fighting the perp and putting him on the ground in front of a room full of people.

 

[Biggfoot44]

Not a choice they could make. Certain crimes don't allow for discretion, this is one of them.

In the Watch What You Ask For dept , bodycams severely limit informal discretion .

 

[River02]

59-5 is not a prohibiting crime. Misdemeanor; max 1 year, max fine $1,000. No PBJ, but no minimum fine or sentence. Could be fined $1 and time served.

Almost sounds like they don't want him to fight it but cop a plea so they can see their unconstitutional law intact w/o a challenge... IDK...IANAL just the way I'm perceiving it---

 

[camo556]

The problem here is he does not have a MD WC permit. Maybe he's applied. I doubt we are at the point a court is going to say constitutional carry is the law of the land. Bruen was not for that. Bruen was for shall-issue, and narrow, objective approval criteria.

My bet... prosecutor will quietly expedite his MD WC permit and the charges will disappear. I doubt that this is the case they want to be taking to a jury.

 

[babalou]

Didn't see this elseware, hope it's not a dupe. Sucks for the guy, but he should have known the rules. Rules suck, but getting caught up in them is worse.

Story

Lol I also started a thread on this

 

[Crazytrain]

Yeah YEAH!!!! The law is the law. Be a good little boy and don't send your colored children to white schools. Don't protest in the streets. It was OK to disarm and gas a couple of million people nearly a century ago. It was the law. Imprison a few hundred thousand Japanese Americans because it was the law. Imprison hundreds of Americans for trespassing on the capitol, because it was the law. Be a good citizen and follow it. Report and serialize your home made firearms. Let a criminal murder you in your own house if you can't run out the back door. Follow the law. Annapolis craps all over our civil rights, follow the rules so you don't look bad.

JFC I get tired of that trope. In case you haven't heard we're Americans and we don't follow un-just laws. I'm finding this guy and donating.

I'm with you. And I like your signature!

 

[Mark75H]

The problem here is he does not have a MD WC permit. Maybe he's applied. I doubt we are at the point a court is going to say constitutional carry is the law of the land. Bruen was not for that. Bruen was for shall-issue, and narrow, objective approval criteria.

My bet... prosecutor will quietly expedite his MD WC permit and the charges will disappear. I doubt that this is the case they want to be taking to a jury.

W&C can't be retroactive. If he is convicted of the city code violation (which is not a prohibiting crime) double jeprody prevents him from being charged with carrying without a permit. He could get time served and $1 fine and nothing more ever comes of it.

 

[camo556]

W&C can't be retroactive. If he is convicted of the city code violation (which is not a prohibiting crime) double jeprody prevents him from being charged with carrying without a permit. He could get time served and $1 fine and nothing more ever comes of it.

I never said its retroactive. Prosecutors often tell those charged "if you do X,Y,Z I will give you PBJ and/or nolle prosse your case."

According to the news article, he [defendant] fully intends to go to trial. Nobody wants that.

ergo, deal.... prosecutor will quietly expedite his MD WC permit and the charges will disappear.

 

[Trigger Time]

This case could go on for a very long time and bring some much needed attention to the matter, he said he would not accept any plea.

 

[welder516]

Such a shame, I believe a crime has been imposed on him.
You do the moral thing and get hung up for it.
Maybe he could have walked out and let people die and be killed.

 

[Mark75H]

IDK you think nobody wants this to go to trial. Pretty sure it is a prosecutorial slam dunk.

 

[Crazytrain]

Such a shame, I believe a crime has been imposed on him.
You do the moral thing and get hung up for it.
Maybe he could have walked out and let people die and be killed.

That does seem to be the lesson being taught.