HauptsAriba
Active Member
Yes, you are correct on FOPA.
For a MD resident with CCW permits from other states, it is quite relevant.
As far as the difference between designated and bona fide, yes, they are 2 different things. However is is the designation as a collector from the MSP that makes you a ( bona fide ) collector. Bona fide means to be in good faith, to be real, to have credentials as to the matter.
At least, that's what some people think. Who knows what could happen in court, and I think that is your point, and you would be correct.
I did some digging hoping to find something on it, could not find absolute clarification but found something of equal interest.
Gansler's brief to the 4th circuit court of appeals on the Woolard case has some very interesting lingo coming straight from the horses mouth. See below.
The only conduct subject to the good-and-substantial-reason requirement is:
(1) the wear, carry, or transport (2) of handguns, which are easily-concealable and
highly-lethal, (3) in public, (4) in circumstances unconnected with hunting,
organized military activities, target shoots, target practice, sport shooting events,
certain safety classes, trapping, or the moving of a gun collection, and (5) without
any demonstrable self-defense or other justification. The appropriate inquiry,
therefore, is whether the Second Amendment protects this specific conduct, not
whether it extends beyond the home in any form at all.
STATEMENT OF FACTS
A. Maryland Handgun Wear-and-Carry Permits
Under Maryland law, individuals qualified to own a firearm are allowed,
without a permit, to possess, wear, carry, and transport a handgun within their
home, business, or any property they own. CL § 4-203(b)(6). Individuals are also
allowed, without a permit, to wear, carry, or transport a handgun in public in
connection with, among other activities:
•
hunting, trapping, a target shoot, formal or informal target practice, a
sport shooting event, certain firearms and hunter safety classes, or an
organized military activity, CL § 4-203(b)(4);
•
the moving of a gun collection for exhibition by a bona fide gun
collector, CL § 4-203(b)(5);
•
a supervisory employee’s activities in the course of business under
certain conditions, CL § 4-203(b)(7); and
•
while transporting the handgun, unloaded and secured, between places
or activities where the individual is allowed to possess it, including
the place of legal purchase or sale, a bona fide repair shop, residences,
and businesses, CL § 4-203(b)(3).
Aside from these and other statutorily protected places and activities, Maryland
law generally requires a permit to wear and carry a handgun in public.
CL § 4-203(a), (b)(2).
1
I find it interesting that he actually affirms that the 2 a does extend beyond the home, it is the context in which it does that he challenges, this makes him, and the State appear to be much less ( anti ) in the perception of whomever he pitches this to. He continues this by trying to paint a picture of the typical MD citizen being able to do just about anything firearm wise ( except ) wear and carry a loaded pistol in a public place. Point being, the
( bona fide ) collector status is only one of several ways and means ( according to the AG ) in which a MD citizen can transport firearms. The difference here is if you are a collector, you can do it if you are going to an exhibition, formal or informal. Someone going to target practice, can do the same thing, with no requirement of being a designated ( or bona fide ) target shooter being required. Either way, I think most of these practices would get you in hot water with the office that pulled you over and discovered a handgun in your backseat, regardless of how it was being transported, who you claimed to be and what you claimed to be doing.
Given that this is written by the AG in a brief that was used successfully to overturn a Federal Courts previous decision, I would think that gives what he states in here legal precedent, but who knows.
For a MD resident with CCW permits from other states, it is quite relevant.
As far as the difference between designated and bona fide, yes, they are 2 different things. However is is the designation as a collector from the MSP that makes you a ( bona fide ) collector. Bona fide means to be in good faith, to be real, to have credentials as to the matter.
At least, that's what some people think. Who knows what could happen in court, and I think that is your point, and you would be correct.
I did some digging hoping to find something on it, could not find absolute clarification but found something of equal interest.
Gansler's brief to the 4th circuit court of appeals on the Woolard case has some very interesting lingo coming straight from the horses mouth. See below.
The only conduct subject to the good-and-substantial-reason requirement is:
(1) the wear, carry, or transport (2) of handguns, which are easily-concealable and
highly-lethal, (3) in public, (4) in circumstances unconnected with hunting,
organized military activities, target shoots, target practice, sport shooting events,
certain safety classes, trapping, or the moving of a gun collection, and (5) without
any demonstrable self-defense or other justification. The appropriate inquiry,
therefore, is whether the Second Amendment protects this specific conduct, not
whether it extends beyond the home in any form at all.
STATEMENT OF FACTS
A. Maryland Handgun Wear-and-Carry Permits
Under Maryland law, individuals qualified to own a firearm are allowed,
without a permit, to possess, wear, carry, and transport a handgun within their
home, business, or any property they own. CL § 4-203(b)(6). Individuals are also
allowed, without a permit, to wear, carry, or transport a handgun in public in
connection with, among other activities:
•
hunting, trapping, a target shoot, formal or informal target practice, a
sport shooting event, certain firearms and hunter safety classes, or an
organized military activity, CL § 4-203(b)(4);
•
the moving of a gun collection for exhibition by a bona fide gun
collector, CL § 4-203(b)(5);
•
a supervisory employee’s activities in the course of business under
certain conditions, CL § 4-203(b)(7); and
•
while transporting the handgun, unloaded and secured, between places
or activities where the individual is allowed to possess it, including
the place of legal purchase or sale, a bona fide repair shop, residences,
and businesses, CL § 4-203(b)(3).
Aside from these and other statutorily protected places and activities, Maryland
law generally requires a permit to wear and carry a handgun in public.
CL § 4-203(a), (b)(2).
1
I find it interesting that he actually affirms that the 2 a does extend beyond the home, it is the context in which it does that he challenges, this makes him, and the State appear to be much less ( anti ) in the perception of whomever he pitches this to. He continues this by trying to paint a picture of the typical MD citizen being able to do just about anything firearm wise ( except ) wear and carry a loaded pistol in a public place. Point being, the
( bona fide ) collector status is only one of several ways and means ( according to the AG ) in which a MD citizen can transport firearms. The difference here is if you are a collector, you can do it if you are going to an exhibition, formal or informal. Someone going to target practice, can do the same thing, with no requirement of being a designated ( or bona fide ) target shooter being required. Either way, I think most of these practices would get you in hot water with the office that pulled you over and discovered a handgun in your backseat, regardless of how it was being transported, who you claimed to be and what you claimed to be doing.
Given that this is written by the AG in a brief that was used successfully to overturn a Federal Courts previous decision, I would think that gives what he states in here legal precedent, but who knows.
