Maryland SB1 - any one caught violating?

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  • N3uka

    Ultimate Member
    Aug 26, 2013
    2,968
    College Park
    sitting on the steps....
    A2.jpg
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,325
    Westminster USA
    No. The portion of the law pertaining to permission signs, carrying in places serving alcohol and carrying at demonstrations is under TRO from the court so not enforceable until decided.
     
    Last edited:

    RichardTerp95

    Member
    Jun 1, 2021
    8
    There was an incident reported on Eastern Shore Undercover in the past week that would be on point with the new law. Police were called to the mall in Salisbury for a report of a male openly carrying a firearm on his hip. Further follow up reporting said the police made contact and detained the individual but nothing beyond that. No idea if the person had a valid W&C permit or if he was eventually arrested or cited.
     

    BurkeM

    Ultimate Member
    MDS Supporter
    Jan 8, 2014
    1,276
    Baltimore
    Nobody can be arrested for violating SB-1. That's not an actual criminal statute.

    If arrested and charged, a person could be arraigned for violating this:

    Md. Code, Crim. Law § 4-111 (c), (d)(1), or (e).​

    A person who willfully violates subsection (c), (d)(1), or (e) of this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both.


    To be clear; 4-111(c) -A person may not wear, carry, or transport a firearm in an area for children or vulnerable individuals.

    4-111(d)(1)- A person may not wear, carry, or transport a firearm in a government or public infrastructure area.

    4-111(e)- A person may not wear, carry, or transport a firearm in a special purpose area.
    ------------------------------
    "Area for children and vulnerable individuals" means:

    (i) a preschool or prekindergarten facility or the grounds of the facility;
    (ii) a private primary or secondary school or the grounds of the school; or
    (iii) a health care facility, as defined in § 15-10B-01(g)(1), (2), (3), and (4) of the Insurance Article.
    ------------------------------
    "Government or public infrastructure area" means:

    (i) a building or any part of a building owned or leased by a unit of State or local government;
    (ii) a building of a public or private institution of higher education, as defined in § 10-101 of the Education Article;
    (iii) a location that is currently being used as a polling place in accordance with Title 10 of the Election Law Article or for canvassing ballots in accordance with Title 11 of the Election Law Article;
    (iv) an electric plant or electric storage facility, as defined in § 1-101 of the Public Utilities Article;
    (v) a gas plant, as defined in § 1-101 of the Public Utilities Article; or
    (vi) a nuclear power plant facility.

    ---------------------------------
    "Special purpose area" means:

    (i) a location licensed to sell or dispense alcohol or cannabis for on-site consumption; (ENJOINED)
    (ii) a stadium;
    (iii) a museum;
    (iv) an amusement park;
    (v) a racetrack; or
    (vi) a video lottery facility, as defined in § 9-1A-01 of the State Government Article.

    -------------------------------------------------------------------------------------------------------
    -------------

    4-111 (b) This section does not apply to:
    ...
    (ii) 1. the person possesses a valid permit to wear, carry, or transport a handgun issued under Title 5, Subtitle 3 of the Public Safety Article; and
    2. the firearm carried or possessed by the person is concealed from view under or within an article of the person's clothing;



    (9) for a location that is not owned by, leased by, or otherwise under the control of the State or a political subdivision of the State:
    (i) the owner or lessee of the location; or
    (ii) a person who is authorized by the owner or lessee of the location to wear, carry, or transport a firearm at the location for the purpose of:
    1. employment as a security guard licensed under Title 19 of the Business Occupations Article; or
    2. protecting any individual or property at the location with an express agreement between the parties, remuneration, or compensation;

    (10) a location being used with the permission of the person or governmental unit that owns, leases, or controls the location for:
    (i) an organized shooting activity for educational purposes;
    (ii) a historical demonstration using a firearm; or
    (iii) hunting or target shooting; or


    (11) a firearm that is carried or transported in a motor vehicle if the firearm is:

    (i) locked in a container; or

    (ii) a handgun worn, carried, or transported in compliance with any limitations imposed under § 5-307 of the Public Safety Article, by a person to whom a permit to wear, carry, or transport the handgun has been issued under Title 5, Subtitle 3 of the Public Safety Article.
     

    jrumann59

    DILLIGAF
    MDS Supporter
    Feb 17, 2011
    14,021
    Right after the law went into effect I went to a restaurant that did not have bar area and had no idea it served alcohol until I got the menu. I didn't sweat it I was not the only one carrying another gentleman was and his pistol was printing bad in his sweathshirt every time he moved.
     

    emerald

    Ultimate Member
    Apr 25, 2015
    1,133
    4-111(e)- A person may not wear, carry, or transport a firearm in a special purpose area.

    4-111 (b) This section does not apply to:

    (11) a firearm that is carried or transported in a motor vehicle if the firearm is:

    (i) locked in a container; or

    (ii) a handgun worn, carried, or transported in compliance with any limitations imposed under § 5-307 of the Public Safety Article, by a person to whom a permit to wear, carry, or transport the handgun has been issued under Title 5, Subtitle 3 of the Public Safety Article.


    Once again, I feel like they've created more laws which are as clear as mud.

    It used to be we could transport a firearm if it was in a case, and the case didn't have to be locked. Is this new law saying that it only has to be in a locked case if you are in one of the defined special purpose areas? If I'm not going through a special purpose area, can I still transport my long guns and handguns in an unlocked case?

    And this sounds like with my wear and carry permit, I can have a handgun unlocked worn or carried on my person when transporting through a special purpose area, but long guns or handguns that are not being worn or carried on my person have to be locked up? So I could drive through the parking lot of a medical facility or school with my permit and wearing a handgun, or a long gun locked in a case, and as long as I didn't get out of the car, I'd be OK?
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    12,950
    Once again, I feel like they've created more laws which are as clear as mud.

    It used to be we could transport a firearm if it was in a case, and the case didn't have to be locked. Is this new law saying that it only has to be in a locked case if you are in one of the defined special purpose areas?
    Yes.

    If I'm not going through a special purpose area, can I still transport my long guns and handguns in an unlocked case?
    Yes

    And this sounds like with my wear and carry permit, I can have a handgun unlocked worn or carried on my person when transporting through a special purpose area,
    Yes

    but long guns or handguns that are not being worn or carried on my person have to be locked up?
    If you are transporting them through the above listed locations, yes.

    So I could drive through the parking lot of a medical facility
    Parking lot of a medical facility is NOT affected by SB

    or school
    School property has always been off limits even with a carry permit per state statute.

    with my permit and wearing a handgun, or a long gun locked in a case, and as long as I didn't get out of the car, I'd be OK?
    There is no 100 yard, 100 foot, 10 foot, 1 foot radius in State Statute, and the locations do not include adjoining parking lots in any of the listed locations.
     

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