Is there a downside to having a CCW?

[Cyndi59]

Getting killed because you didn't have a good way of defending yourself is a downside of not having a CCW.
Personally, the worst thing about having a CCW is that the gun can be uncomfortable to carry at times. But I turn that into a reason to buy more gun stuff, so I guess that's an advantage?

Kilroy,I carry work related 5 days a week..wears both duty holster or a pancake..my advice for someone first starting out as I've been legal carry in Washington,D.c. for over 20 years as a armed SPO would be a pancake that fits close against your side,but some in here might choose another type of carry holster.I've had no problem with the draw of either and some might think your side would be rubbed raw carrying a pancake is not so,so I'd say wear something comfortable.

 

[swinokur]

As they say.. carry a firearm is supposed to be comforting, not always comfortable.

 

[Biggfoot44]

And the flip side to the above Proverb is that if ( particular gun/ holster , body armor , BUG , impact weapon , etc ) is actually Painful , or major PIA to actually wear/ carry , after about 2wks a major percentage will shift to only carrying the offending equipment *when they think they'll actually need it * .

And I know , too far to the reverse leads needlessly to mouseguns , and no spare ammo.

A way of phrasing better would be * Be willing to a certain mount of specific effort nd consideration in selecting equipment and clothing to have equipment allways with you that is at least substantially effective *

 

[Threeband]

And the flip side to the above Proverb is that if ( particular gun/ holster , body armor , BUG , impact weapon , etc ) is actually Painful , or major PIA to actually wear/ carry , after about 2wks a major percentage will shift to only carrying the offending equipment *when they think they'll actually need it * .

And I know , too far to the reverse leads needlessly to mouseguns , and no spare ammo.

...

He that hath ears to hear, let him hear.

 

[Rem700fan]

I believe VA also flags your VA
driver's license. YMMV, but IMHO, if you are carrying on your permit, the best and *safest* thing to do is to put both hands on the steering wheel, inform the officer right away that you have a permit to carry and that you are carrying and simply ask how he would like proceed. Then follow his directions precisely. It makes him feel safe which keeps you safe.

This^+
When informing the LEO you are carrying you watch your words...say something like "I am carrying"or"I am currently in possession"...You don't want to blurt out "I have a gun" and the rookie coming around the passenger side hears and writes you a lead ticket.

 

[ibang1]

ARAY

Thanks for the public safety video. I have to admit I learned another great advice from the officer.

 

[wilcam47]

sometimes I think its easier for the state to charge you when you have a CCW and defend yourself than if you dont...just my conspiracy theory for the day. At least thats prob how MD thinkS!

 

[Merlin]

I believe a traffic stop is an "investigative stop" from which you cannot just leave. IMO a LEO is totally within his right to disarm you for his safety if he feels it is necessary. I'm guessing there is plenty of case law to support this.

IANAL but ESQ is !

I agree completely. The main thing is not two act or behave in a manner where a LEO feels the need to disarm you. If a person does, they have bigger problems then the traffic stop and will most likely loose their ccw soon anyway.

 

[Merlin]

Ne

As I ponder whether to apply soon, I wonder:

When pulled over in your car, is your identity flagged on the police database as a CCW permit holder?

Must you announce you're a permit holder, even if you are not carrying?

In a civil or criminal case, is there a presumption that as a CCW permit holder you should "know better" and therefore might have more liability in certain situations? Licensed charter captains have similar liabilities....

Is having a CCW considered probable cause for a search in any way?

Can a police officer demand to see or secure your weapon once you've declared your status?

Does your permit cover you while boating in Maryland waters? Are you required to present it to MDDNR police when stopped (or USCG for that matter?)

Thanks,

Well the obvious up side is you may be able to save your life if the opportunity arises, but there's other more serious down side that you did not list. When you have a ccw like I said the up side is that you may be the one walking away from an attack, but there's allot of responsibility that comes along with your ccw as well as MANY opportunities that if missed used can and will end up in court. Even if you not at fault, you still could find yourself finding the need to hire an attorney as you go for the ride.

I knew this guy years ago that owned parking lots in Baltimore. One day he had a customer that was claiming his car was damaged while on his parking lot. The debate turned heated. The lot owner had on a suit jacket with his gun under the jacket. And I assume that depending on how he was standing you could see his gun under his jacket.

Well his customer was so angry because the lot owner would not tell him that he would pay for the damage to the car, he called the police and claimed the lot owner brandished his gun in a threatening manor. The police did arrest the lot owner and he had to hire an attorney to defend him in court. He was found not guilty, but it cost him thousands in attorney fees.

Stuff like this is what you need to concern your self with, not if you have to tell a LEO if you're carrying or not.

 

[alucard0822]

All good arguments for the merits of constitutional carry over a permit system.

The laws vary state to state, some states flag permit holders, MD doesn't. Some states have a "duty to inform", where the permit holder must inform an officer interacting in an official capacity that he is carrying a firearm, most states don't require it, leaving it up to the citizen to decide when and if it is prudent to inform an officer.. I don't belive any state requires that you inform that you have a permit if you are not carrying.

I did a quick look, and can't find any case law where a permit brought additional scrutiny on someone's otherwise legal actions. Most defense law is farily simple, and asks a simple question, did a person use reasonable force to defend aggainst an imminent and deadly/crippling attack? I can't think of many scenarios where a permit or the implication that a person has the small ammount of aditional exposure to law would open you up to additional liability. Now there could be a couple scenarios where TRAINING associated with a permit could limit someone from playing stupid in the eyes of the law, or could sway a jury in a case where a trained permit holder was negligent, in either case you have to break the law first for it to matter.

One of the key strategies here in PA of advancing gun rights has been to "normalize carry", both in the eyes of the public and the law. PA courts have found that a permit, or even open carrying without a permit does not satisfy reasonable suspicion or probable cause that a crime has been comitted without other evidence, so it does not affect your 4th ammendment rights. You are not waiving your rights with a permit, the police still need evidence to compel you to a search, or to obtain a warrant. Officers can and do demand many things, most are within their authority, some are not, in that officers may not know every nuance of every law off the top of their heads, and even if they give an order that could be argued is unlawful, they may use force to ensure compliance. In PA, there have also been resolutions and rulings that allow us to keep posession of our property in most minor police encounters where there is no evidence of a crime. On paper at least, you cannot be disarmed without reasonable suspicion of a crime, and in most cases for minor traffic infractions, although if an officer demands you surrender your weapon, do it, and complain or sue later, just as you would if the police took any other property from you without cause. This paragraph varies by state, and with MD lagging behind most other states in carry rights it will take a lot of time, money, and probably a lot of arrests and lawyers to gain the same legal ground that we have in PA.

Where to carry, and where not to carry is one of the more important details of carry law in a state, there are a couple places that are off limits federally, but the state sets most of it's laws, some, like the federal gun-free schools act have exceptions for those with a permit issued by that particular state. Another big one is places with "no-weapons" signs, MD does not give them legal protection, so the signs mean nothing more than you can be ordered to leave by the owner, and charged with trespassing if you refuse, it's seen as a violation of the owner's policy, not a violation of law, same as most other states. While the state has pre-emption for most gun laws, they do allow localities to restrict carry in some additional places. MD as a state really doesn't restrict carry, so it would be legal to carry on MD waterways, in MD parks, and most of the state.

 

[Rattlesnake46319]

Regarding out of state permits, depends how closely the state holds that info. I've been pulled over in MD and VA with an active Indiana LTCH. Both incidents were polite, professional, and only concerned why I had been pulled. No K-9s, no jackboots on the back of my neck, etc.

ESQ gave some good advice earlier in the thread. Take it while he isn't charging for it.

 

[Cyndi59]

Would like to hear from others their take on being CCW and pulled over in a traffic stop by a plainclothes unmarker cruiser..with a every now and then idiot imposing to be a LEO,I know I'd like a uniform to show up before engauging that I am a licensed CCW holder.

 

[huesmann]

Since this thread has included traffic stops and whatnot, assuming a person has a CCW permit, is it legal to stow a pistol in your glove compartment or console, or must it be stowed about your person?

 

[Rattlesnake46319]

Since this thread has included traffic stops and whatnot, assuming a person has a CCW permit, is it legal to stow a pistol in your glove compartment or console, or must it be stowed about your person?

Depends on the state. I can't speak for MD, but in VA, a pistol in the glove compartment or console is considered open carry. Same for MO. Stands to reason that one would be allowed to do the same with a CCW. Bottom line, know the local laws.

I am not a lawyer.

 

[hdatontodo]

Would like to hear from others their take on being CCW and pulled over in a traffic stop by a plainclothes unmarker cruiser..with a every now and then idiot imposing to be a LEO,I know I'd like a uniform to show up before engauging that I am a licensed CCW holder.

Here's a little info that does not directly provide an answer.

http://www.mdsp.org/FAQs.aspx

Do I have to stop for an unmarked car displaying red or red & blue lights?

Answer: Police vehicles must activate a siren to be an emergency vehicle and may or may not display red or blue lights. Most unmarked Maryland State Police vehicles display at least one blue flashing light. If you feel uncomfortable pulling over, acknowledge to the vehicle that you are aware that they are trying to pull you over by waving and slow down. Drive to a well lit area where people are. If you have a cell phone dial #77 and this will connect you with the nearest Maryland State Police Barrack. Advise the dispatcher that you are uncomfortable with the situation and the dispatcher will assist you.

 

[swinokur]

IANAL, but if you feel uncomfortable and doubt the ID of the vehicle or occupants , IMO I would not stop until I am in a safe place that allow you to ID the vehicle and occupants.

 

[Biggfoot44]

* In Md * carry in glove compartment , console , etc is considered the same as on the person.

In the different States each one has their own laws and regulations . They are all over the map , and the fine print varies greatly.