Md CCW holders and AR pistols

[vc1911]

Hypothetical question:

I understand it's currently illegal to have a loaded long gun in your vehicle. But, if a current CCW were to have/keep a an AR pistol in the vehicle loaded would said person be in violation?

Is this idea entirely playing with fire?

v

 

[HordesOfKailas]

Hypothetical question:

I understand it's currently illegal to have a loaded long gun in your vehicle. But, if a current CCW were to have/keep a an AR pistol in the vehicle loaded would said person be in violation?

Is this idea [is] playing with fire?

v

Fixed.

 

[Biggfoot44]

You would be good .

 

[Parallax-Free]

Does the state classify an AR pistol as a pistol?

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[knastera]

Does the state classify an AR pistol as a pistol?

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Yes.


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[Parallax-Free]

Then I would assume it was alright. But I'm no lawyer. I'd say unless there is a very clear statute defining AR'S unfit for CCW use, a pistol is a pistol.

Also, it was a rhetorical question. But it solidifies my point.

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[knastera]

Fixed.

Agreed. The idea of wear and carry (Maryland doesn't call it CCW) is that you wear and carry it. I guess that you could try to make a case that keeping an AR pistol in a briefcase or backpack is wearing and carrying, but I wouldn't stake my freedom on that.


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[vc1911]

This article is what got me thinking.

http://www.alloutdoor.com/2017/05/0...ent=2017-05-14&utm_campaign=Weekly+Newsletter

 

[Parallax-Free]

Agreed. The idea of wear and carry (Maryland doesn't call it CCW) is that you wear and carry it. I guess that you could try to make a case that keeping an AR pistol in a briefcase or backpack is wearing and carrying, but I wouldn't stake my freedom on that.


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I would think that if you were pulled over, one could not guarantee a LEO would recognize it as a pistol.
Especially with an arm brace or stabililizing fin. So you could be processed and worse before it is all cleared up. If at all.

I'd just carry an FN 5.7 if I really felt I needed a highCap/highVel carry option.

Unless that's illegal for some reason. I'm here to learn as much as I am here to speak in hypotheticals.

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[knastera]

This goes into the category of Jurassic Park wisdom, "you were so focused on if you could do something that you didn't think if you should do something." I have a lovely little AR pistol, and when I think of carrying, it doesn't even cross my mind. Wear and Carry holders are not surrogate cops. We are personal defenders.

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[zoostation]

I am not a lawyer but I see no legal problem with this. Where I do see potential for trouble is when you run into the officer who doesn't realize that the AR pistol is a pistol, or the Sig brace is legal. Kind of thing that might get fixed eventually but is going to be expensive and time consuming along the way. Not saying that's right, just that's how it is.

 

[knastera]

I am not a lawyer but I see no legal problem with this. Where I do see potential for trouble is when you run into the officer who doesn't realize that the AR pistol is a pistol, or the Sig brace is legal. Kind of thing that might get fixed eventually but is going to be expensive and time consuming along the way. Not saying that's right, just that's how it is.

It's a good point about the Sig brace. Do you really want to carry your ATF letter everywhere you go? Also, to carry it in your car means your have to carry it everywhere. I wouldn't want to walk the street with my AR pistol. Also, think of a situation where you get pulled over while carrying. It's pretty easy to tell the officer that you have a permit and that you have a gun on your hip. I'm trying to envision the awkwardness of telling the officer, "i have an AR pistol in my backpack."


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[Minuteman]

This article is what got me thinking.

http://www.alloutdoor.com/2017/05/0...ent=2017-05-14&utm_campaign=Weekly+Newsletter

Good article.

 

[dbledoc]

The Maryland W&C permit states it allows the named person to carry a handgun. IANAL, but I figure if the AR pistol is one that is actually listed on the handgun roster then it should be GTG.

If the state lists the actual model as a handgun then it is a handgun. A home built one may be a "pistol" in front of the ATF, but thel state didn't say it was a "handgun."

 

[swinokur]

SS 5-406 . The only handguns that need to be on the roster are those that are sold or transferred or manufactured for sale.. Personal builds are not required to be on the roster
.

 

[Hit and Run]

Does the state classify an AR pistol as a pistol?

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Rational given by MSP on why you have to complete an e77R for AR lower. You can build it into a pistol. A complete AR rifle with HBAR upper legal for sale/transfer in Maryland as example just requires Federal Paperwork.

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[Rack&Roll]

The Maryland W&C permit states it allows the named person to carry a handgun. IANAL, but I figure if the AR pistol is one that is actually listed on the handgun roster then it should be GTG.

If the state lists the actual model as a handgun then it is a handgun. A home built one may be a "pistol" in front of the ATF, but thel state didn't say it was a "handgun."

Yeah, they do, with transport law.

 

[swinokur]

If a firearm has a barrel length less than 16 inches, it's a handgun, according to MD law

SS 5-101
;
.

 

[Jaybeez]

If a firearm has a barrel length less than 16 inches, it's a handgun, according to MD law

SS 5-101
;
.

I've made this argument myself.


Also, the exemption from criminal transport in md law applies to wear and carry permit holders that are "wearing and carrying". Storing a firearm in a car technically isnt "wearing or carrying", and therefore technically is a violation.

 

[Hit and Run]

Not a lawyer but:

Maryland Criminal Law Section 4-203Article - Criminal Law
§ 4-203.

***** (a)***** (1)***** Except as provided in subsection (b) of this section, a person may not:
...........

***** ***** (2)***** There is a rebuttable presumption that a person who transports a handgun under paragraph (1)(ii) of this subsection transports the handgun knowingly.

***** (b)***** This section does not prohibit:

***** ***** (1)***** the wearing, carrying, or transporting of a handgun by a person who is on active assignment engaged in law enforcement, is authorized at the time and under the circumstances to wear, carry, or transport the handgun as part of the person's official equipment, and is:

.........

***** ***** (2)***** the wearing, carrying, or transporting of a handgun 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

Title 5, Subtitle 3:
PUBLIC SAFETY
Title 5 - FIREARMS
Subtitle 3 - HANDGUN PERMITS
§ 5-303 - Permit required

Universal Citation:*MD Pub Safety Code § 5-303 (2015)

A person shall have a permit issued under this subtitle before the person carries, wears, or transports a handgun




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