TRACT Optics

Montgomery County Bill 21-22

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  • Mark75H

    MD Wear&Carry Instructor
    Industry Partner
    MDS Supporter
    Sep 25, 2011
    15,338
    Outside the Gates
    When we win, and make no mistake we will, I plan on a nice OC lunch at Mission BBQ on Rockville Pike. Maybe the statist worms will be able to see us from their ivory tower on MD Ave
    Don't give them the last laugh; the City of Rockville itself DOES have a active grandfathered pre-preemption no carry law.
     

    Mister F

    Junior Member
    Aug 16, 2022
    51
    Rockville
    Aside from having to be unloaded , this is an “enclosed case”…. Per the ridiculous new law.
    Don’t even have to take it off your belt to drive.
    Concealed and yet in an enclosed case. Nice and legal.

    e8b35b286cc047200d649680623def3a.jpg



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    SigFan

    NRA Life Member MSI Supporter
    MDS Supporter
    Oct 18, 2007
    19
    A great incentive to make another donation to Maryland Shall Issue.


    SIgfan
     

    Occam

    Recovering Lurker
    MDS Supporter
    Feb 24, 2018
    16,678
    Montgomery County
    Don't give them the last laugh; the City of Rockville itself DOES have a active grandfathered pre-preemption no carry law.
    Are you sure that isn't just their grandfathered (essentially) no-trunk-gun law? I thought that was just about no loaded rifle (or shotgun) in your vehicle, which is actually legal elsewhere in the state (except for Rockville, Baltimore City, and That One Other Place Maybe Down Near Pax River But I Can't Remember.

    Otherwise, Rockville is just like the rest of the state: no handguns unless you have the state W&C. If I'm wrong on this, I'd love to be straightened out.
     

    csanc123

    Active Member
    Aug 26, 2009
    3,679
    Montgomery County
    Are you sure that isn't just their grandfathered (essentially) no-trunk-gun law? I thought that was just about no loaded rifle (or shotgun) in your vehicle, which is actually legal elsewhere in the state (except for Rockville, Baltimore City, and That One Other Place Maybe Down Near Pax River But I Can't Remember.

    Otherwise, Rockville is just like the rest of the state: no handguns unless you have the state W&C. If I'm wrong on this, I'd love to be straightened out.
    It's not quite 'no carry'. This is the preemption statute that provided an exception..it is the exception that Montgomery County based their new ridiculous law on:



    OTHER LAWS & POLICIES
    Preemption of Local Laws in Maryland
    VIEW POLICY AREA
    Last updated
    SEPTEMBER 15, 2021
    .
    PREEMPTION STATUTES
    The Maryland Legislature has adopted an express preemption statute. Section 4-209 of the Maryland Criminal Law Code provides that:

    ” [T]he State preempts the right of a county, municipal corporation, or special taxing district to regulate the purchase, sale, taxation, transfer, manufacture, repair, ownership, possession, and transportation of: a handgun, rifle, or shotgun; andammunition for and components of a handgun, rifle, or shotgun…. A county, municipal corporation, or special taxing district may not prohibit the teaching of or training in firearms safety, or other educational or sporting use of the items listed in subsection (a) of this section. To the extent that a local law does not create an inconsistency with this section or expand existing regulatory control, a county, municipal corporation, or special taxing district may exercise its existing authority to amend any local law that existed on or before December 31, 1984. “

    In addition, Maryland preempts the right of any local jurisdiction to regulate the possession,1 sale,2 or transfer3 of firearms regulated by section 5-101 of the Maryland Code of Public Safety, which includes handguns and certain assault weapons.4

    EXCEPTIONS
    Section 4-209(b) of the Maryland Criminal Law Code provides limited exceptions to Maryland’s firearms preemption statute. Local governments may regulate the purchase, sale, transfer, ownership, possession and transportation of firearms and ammunition with respect to:

    - Minors

    - Law enforcement officials of the local government

    - Activities in or within 100 yards of “a park, church, school, public building, and other place of public assembly.”

    In addition, Section 4-209(d) allows local governments to regulate the discharge of firearms, but not at “established ranges
     

    esqappellate

    President, MSI
    Feb 12, 2012
    7,103
    He is a federal judge bound by SCOTUS precedent. And I think a TRO can be appealed if he denies it. Right?


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    A denial of a TRO is not appealable as a TRO is good only for 14 days, renewable to 28. See Rule 65, federal rules of civil procedure. A denial of a request for a preliminary injunction is appealable. We intend to ask for both.
     

    esqappellate

    President, MSI
    Feb 12, 2012
    7,103
    How long is it going to take for Judge Chuang (United States District Court for the District of Maryland) to grant leave for MSI to file its emergency motions for a TRO and Preliminary Injunction?

    Hopefully MSI is able to file its emergency motions soon, because we're just in purgatory until then.
    We will file as soon as we get leave. Either that day or the next
     

    Chase Houston

    MDS, MSI, NRA Lifetime
    MDS Supporter
    Jul 10, 2022
    466
    Chevy Chase, MD
    So, if I buy a gun in MoCo, can I transport it home without breaking the new law?
    No, there’s no alternate route for me to get home without passing a park, church, school, medical/health facility, etc.


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    IronEye

    Member
    MDS Supporter
    Feb 10, 2018
    690
    Howard County
    So, if I buy a gun in MoCo, can I transport it home without breaking the new law?
    No, there’s no alternate route for me to get home without passing a park, church, school, medical/health facility, etc.


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    Yes. It is legal to transport an unloaded (non-ghost or non-undetectable) handgun in enclosed case from the gun store to your home.

    (b) This section does not:

    [(6)] apply to separate ammunition or an unloaded firearm:

    (A) transported in an enclosed case or in a locked firearms rack
    on a motor vehicle, unless the firearm is a ghost gun or an
    undetectable gun; or

    The critical change incorporated in 21-22 is that those with a Maryland W&C permit are no longer exempted from the prohibition from carrying a loaded handgun within 100 yards of a restricted place. Essentially this makes it almost impossible for permit holders to drive anywhere in the county without breaking the law while carrying a loaded firearm.
     

    LuckyShot

    Pissing off Liberals
    Apr 13, 2010
    288
    on 270
    Don't give them the last laugh; the City of Rockville itself DOES have a active grandfathered pre-preemption no carry law.
    wait..even if this moco law wasnt in effect you cant carry in rockville city limits?
    Am I understanding that correctly?
     

    GBMaryland

    Member
    Feb 23, 2008
    943
    MoCo
    Folks, question:

    If you are on you own personal property, have a Carry Permit, but live within 100 yards of a State Park... Are you prevented from carrying while on your own property by this new law?

    (My backyard is a State Park run my MoCo.)

    GB
     

    Mister F

    Junior Member
    Aug 16, 2022
    51
    Rockville
    So, if I buy a gun in MoCo, can I transport it home without breaking the new law?
    No, there’s no alternate route for me to get home without passing a park, church, school, medical/health facility, etc.


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    Your W&C also permits transport. And transport that is not permitted to non-permit holders. The county law does not forbid transport.

    If it’s in an “enclosed case”….and unloaded….you can take it to or near any of those places still. And not be in violation of county law or state law. You can always load and wear it outside those bubbles with no law being broken.
    If you need to load and use it at some point and are in a 100 foot bubble…factor that into your calculus. 12 / 6 rule perhaps.
    All applicable state law applies still.
    I would rather be ready for a mass shooter situation and have at least “something” in my hands even if it took 4 seconds to prepare and was in my murse (an “enclosed case”).

    None of this makes it suck less or be any less an abrogation of our civil rights, of course. Or wish for a TRO in the soonest of times.


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