Marylands Appeal to the Fourth Circuit Court

[seankar]

While reading the text of the appeal on the MSI facebook page it appears to me that Maryland is telling the court that we as gun owners can " carry, transport or wear our guns to the range,or carry, wear, our gun collection if we are certified collectors It seems to me that the State of Maryland is lying thru its eye teeth to the court. I am not a legal type but I am sure that the way the appeal is worded is not the way the law is written.


View attachment Scan0001.pdf

 

[tc617]

This was already brought up in the SAF SUES IN MARYLAND OVER HANDGUN PERMIT DENIAL UPDATED 3-5-12 thread

http://www.mdshooters.com/showpost.php?p=1707641&postcount=10527

 

[Mr H]

While reading the text of the appeal on the MSI facebook page it appears to me that Maryland is telling the court that we as gun owners can " carry, transport or wear our guns to the range,or carry, wear, our gun collection if we are certified collectors It seems to me that the State of Maryland is lying thru its eye teeth to the court. I am not a legal type but I am sure that the way the appeal is worded is not the way the law is written.

While this is being discussed in detail elsewhere, believe it or not--on a very literal reading of the law--carry exceptions DO exist in the existing law (though reality likely dictates otherwise) which cover a lot of what sport shooters do.

I was suprised to see the state go that route in the brief (and I've long believed we could push the issue, but I bruise easy), so this will get very interesting, IMO.

 

[foxtrapper]

Yeah but is has to be unloaded and ammo in a seperate place. I don't think it means you can wear the gun unloaded holstered on your side and have a mag in your pocket.

FFS, stupid Gansler thinks MD is CA from 1+ years ago? How about we make MD into VA? That would be nice. Even better combine PA with VA. Unlisc'd open carry just about anywhere, no training requirement for ccw lisc. Lockboxes at all county/state courthouses for you to lock your gun up when you have to go in there.

 

[Biggfoot44]

*We* need to imeadatly have friendly Delagates request AG Opinions on these subjects to get it on record. Then either we gain new freedoms to use , or by the time the CA4 arguments start , it cn be pointed out that the State was dishonest in their Brief.

 

[Mr H]

Yeah but is has to be unloaded and ammo in a seperate place. I don't think it means you can wear the gun unloaded holstered on your side and have a mag in your pocket.

Not singling you out, because we see this all over the place...

There is so much confusion of what is and is not acceptable/legal, that it's nearly impossible to make good decisions on the subject of carry/transport.

Assume for a moment that, because of the language in the latest brief, MD is suddenly accepting of "carry" to and from the range, target shoots, collection showings, etc. Even so, the gun has to be unloaded and in an "enclosed holster" (retention strap, flap, something).

We already know that carrying a loaded magazine in your pocket is OK, so what's to prevent someone from carrying in a holster with an integral magazine pouch?

Again, we're doing the "broad read"... but if someone were to really push the issue, this could be very interesting.

/hypothetical

In reality, MSP will not take kindly to the above scenario, and probably not for some time after any loosening of the carry laws.

 

[CypherPunk]

Not singling you out, because we see this all over the place...

There is so much confusion of what is and is not acceptable/legal, that it's nearly impossible to make good decisions on the subject of carry/transport.

Assume for a moment that, because of the language in the latest brief, MD is suddenly accepting of "carry" to and from the range, target shoots, collection showings, etc. Even so, the gun has to be unloaded and in an "enclosed holster" (retention strap, flap, something).

We already know that carrying a loaded magazine in your pocket is OK, so what's to prevent someone from carrying in a holster with an integral magazine pouch?

Again, we're doing the "broad read"... but if someone were to really push the issue, this could be very interesting.

/hypothetical

In reality, MSP will not take kindly to the above scenario, and probably not for some time after any loosening of the carry laws.

I concur. I'd actually like to see four AG opinions;

1. Does Maryland law allow the carrying (wearing) of a unloaded handgun in an enclosed holster to a permitted activity?

2. Can ammunition or loaded magazines be carried, out of the driver's reach, in the same range bag as an unloaded handgun, to a permitted activity?

3. Where whould ammo be carried on interstate trips that begin or end in Maryland? (Please conform to Federal Law).

3. Why won’t Maryland politicians stop acting like assmuppets and rewrite (simplify) the existing law, so that we all can understand and abide by it?

 

[Mr H]

I concur. I'd actually like to see four AG opinions;

1. Does Maryland law allow the carrying (wearing) of a unloaded handgun in an enclosed holster to a permitted activity?

2. Can ammunition or loaded magazines be carried, out of the driver's reach, in the same range bag as an unloaded handgun, to a permitted activity?

3. Where whould ammo be carried on interstate trips that begin or end in Maryland? (Please conform to Federal Law).

4. Why won’t Maryland politicians stop acting like assmuppets and rewrite (simplify) the existing law, so that we all can understand and abide by it?

My take (FWIW)...

1. We know the law as written says "yes", but I agree having an AG letter will be helpful (especially in light of the state's CA4 opening brief).

2. Without a specific prohibition (which, AFAIK there is none), yes... but again the AG opinion would be good to go along with the "in the pocket" letter already out there.

3. FOPA already covers that, so I'm not sure any more can be said there.

4. A convoluted law is better to have the unwitting commit transgressions. Easy would make WAY too much sense, and keep the law-abiding out of trouble.