Montgomery County Bill 21-22

[Tomcat]

Most certainly does not address carry

Section E self defense

 

[Tomcat]

I believe it’s Leonardtown

Yes Leonardtown, I believe it has to do with open carry of a long gun though.

 

[esqappellate]

I’m in the exact same situation, being next to a “conservation park” that has no trails, or parking, etc.

My read of the MoCo statute is that it only exempts those “in” their homes within that 100yd [un]safety zone.

Since I’m not a MD lawyer, I’m not qualified to say if the state transport law permitting handgun carry on your own real property controls the situation.


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The County is asserting the right to regulate possession and transport on your property, having limited the exemption to possession "in" the home. So, yes, the text of Bill 21-22E would bar you from possessing on your property outside the home if you are within 100 yards of the any one of these prohibited locations. Yes, I know that is absurd. Which is why MSI is suing them on multiple grounds, including preemption and 2A grounds

 

[teratos]

The County is asserting the right to regulate possession and transport on your property, having limited the exemption to possession "in" the home. So, yes, the text of Bill 21-22E would bar you from possessing on your property outside the home if you are within 100 yards of the any one of these prohibited locations. Yes, I know that is absurd. Which is why MSI is suing them on multiple grounds, including preemption and 2A grounds

I suppose as sad as it is, we need the precedent in place.

 

[Tower43]

No Governmental agency can dictate what you do on your property. Period. If I lived in county I'd walk around my yard openly carrying and DARING the cops/Legal system to try.... because I'd end up owning the county.

 

[Tower43]

That might be a different city of rockville, I'm digging deeper, but finally found a searchable code of Rockville, MD... So far have found this....

Sec. 13-61. - Firearms; violation of section declared misdemeanor.

SHARE LINK TO SECTIONPRINT SECTIONDOWNLOAD (DOCX) OF SECTIONSEMAIL SECTIONCOMPARE VERSIONS
(a)
A person may not discharge any firearm, rifle, shotgun, revolver, pistol, airgun, air rifle or any similar mechanism that is designed to expel a projectile through a gun barrel by the action of any explosive, gas, compressed air, spring, or elastic within the corporate limits of the City whether such mechanism is loaded with blank or live cartridges or projectiles of any kind.
(b)
Subsection (a) does not apply to:
(1)
The discharge of any mechanism on any target, trap or skeet range or shooting area which has been inspected and approved in writing by the City Manager; or
(2)
The discharge of any such mechanisms by any person in a private basement or cellar target range; or
(3)
The discharge of any such mechanism where necessary to protect life or property or to kill any dangerous animal; or
(4)
To any duly authorized peace officer acting in the proper performance of his official duties; or
(5)
The discharge of blank cartridges in theatrical performances or sporting events; or
(6)
The firing of salutes by firing squads at military funerals.
(c)
The City Manager shall issue target, trap and skeet range and shooting area approval certificates, which certificates may specify the time and manner of shooting and type of gun or ammunition which may be used on such range or area. Any such approval certificate shall be valid for eighteen (18) months after its issuance and shall be issued only upon a finding by the City Manager that the discharge of guns upon such ranges or areas will not jeopardize life or property. No range or area shooting certificate shall be issued except upon the written application of the owner, lessee or person lawfully in possession of the land upon which is located the range or area sought to be licensed or approved.
(d)
Any person who violates this section is guilty of a misdemeanor.
(Laws of Rockville, Ch. 12, § 12-1.07)

 

[Tower43]

There is this, under Chapter 14 - City Parks..

• Sec. 14-43. - Firearms.
  
  SHARE LINK TO SECTIONPRINT SECTIONDOWNLOAD (DOCX) OF SECTIONSEMAIL SECTIONCOMPARE VERSIONS
  A person may not carry or discharge any firearms.
  (Laws of Rockville, Ch. 7, § 7-3.01(a))
  Cross reference— Firearms generally, § 13-61.

 

[Tower43]

https://www.marylandshallissue.org/jmain/counselor-s-corner/313-md-gun-laws?start=17

 

[Tower43]

Ironically... City of Gaithersburg banned concealed carry years ago. It's never been challenged, and probably what the county is basing their nonsense on.
Note GBurg City does NOT include the provision exempting permit holders.

Sec. 15-16. - Same—Possession on streets, in public buildings, churches, schools, parks and other places of public assembly.

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It shall be unlawful for any person, other than a law enforcement officer, qualified retired law enforcement officer as defined by the Federal Law Enforcement Officers Safety Act of 2004 (LEOSA), 18 U.S.C. § 926C, as amended in the future, and on-duty security guards licensed by the Maryland State Police Licensing Division, to have in his or her possession while in, on or within one hundred (100) yards of any public building, church, school, park, or other place of public assembly, or in the streets of the city any weapon as defined in section 15A-1 of this Code, except as permitted by § 4-203(b) of the Criminal Law Article of the Annotated Code of Maryland, as amended in the future, except for teaching of or training in firearms safety, or other educational or sporting use.

 

[Tower43]

City of Chesapeake Beach, Calvert.... what exactly is "lawful authority?"

§ 137-1Carrying firearms prohibited.
It shall be unlawful for any person to carry, without lawful authority, any air gun, revolver, pistol, or other firearm, or metal knuckles, dangerous knife, stiletto, bomb or other high explosive concealed in or about his or her clothes or person or in any portable vehicle, carriage, motorcycle or other vehicle.

 

[Tower43]

Yes Leonardtown, I believe it has to do with open carry of a long gun though.

Only thing on Leonardtowns' books...

Article IIFirearms
[Adopted 6-3-1962 by Ord. No. 26A; amended in its entirety 3-11-2019 by Ord. No. 189]


§ 72-3Restrictions; exception.
A.
It shall be unlawful to discharge any handgun, rifle, shotgun or other firearm within the corporate limits of Leonardtown.

B.
This prohibition shall not apply to:
(1)
Shooting galleries or ranges established and licensed under state law;

(2)
The discharge of firearms on private property for hunting purposes, provided that such activity otherwise complies with applicable state law and regulations; or

(3)
The discharge of a firearm in self-defense, to the extent permitted under state law.

 

[pcfixer]

I found this in law suit_ I approve.
Quoted
Article 24 Maryland Declaration of Rights
Art. 24. That no man ought to be taken or imprisoned or disseized of his freehold, liberties or privileges, or outlawed, or exiled, or, in any manner, destroyed, or deprived of his life, liberty or property, but by the judgment of his peers, or by the Law of the land (amended by Chapter 681

 

[delaneyesq]

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

Yep, right on the money.


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[rbird7282]

City of Chesapeake Beach, Calvert.... what exactly is "lawful authority?"

§ 137-1Carrying firearms prohibited.
It shall be unlawful for any person to carry, without lawful authority, any air gun, revolver, pistol, or other firearm, or metal knuckles, dangerous knife, stiletto, bomb or other high explosive concealed in or about his or her clothes or person or in any portable vehicle, carriage, motorcycle or other vehicle.

My lawful authority is The Comstitution


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[Tower43]

My lawful authority is The Comstitution


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I'm sure the coppers there will just accept that....

That being said, since I no longer volunteer in county, I NEVER go to Chesapeake Beach/North Beach, because its full of drugs and crime lol

 

[Bob A]

There is this, under Chapter 14 - City Parks..

• Sec. 14-43. - Firearms.
  
  SHARE LINK TO SECTIONPRINT SECTIONDOWNLOAD (DOCX) OF SECTIONSEMAIL SECTIONCOMPARE VERSIONS
  A person may not carry or discharge any firearms.
  (Laws of Rockville, Ch. 7, § 7-3.01(a))
  Cross reference— Firearms generally, § 13-61.

That section would seem to control only Rockville's parks.

 

[Tower43]

That section would seem to control only Rockville's parks.

Indeed, just another landmine to navigate

 

[swinokur]

Section E self defense

Is this the Rockville Statute?

 

[LuckyShot]

Ironically... City of Gaithersburg banned concealed carry years ago. It's never been challenged, and probably what the county is basing their nonsense on.

.......wait what LOL

I carried at RIO like 4 times before moco vote. Who actually enforces that sh*t?

 

[notional]

Until this 21-22E thing gets situated, I've had to change a few things when going deeper into MoKo (The Republik of Montgomery Kounty) to get my kids, who go to a private school. I used to be able to pick them up without having to unload, encase etc. at their private school, but as of now, I can't. I would carry a S&W340PD with .38spl+P, but with all the 'cased, locked, unloaded etc.', it's ridiculous. Now I've got my Sig P238 with .380 Glaser safety slugs, no round in the chamber, in a Sneaky Pete 'cell phone case'. When I go into MoKo, I just pop out the mag and put it into my weak hand pocket for the quickest loading if ever required. Reverse process when heading home. Sigh. I'm on the cusp of MoKo and do all my shopping etc. in Frederick. So much easier, and now MoKo has made the choice even easier. I can no longer patronize any establishments in MoKo which fall within that redonkulous 100 yard from everything BS bill. Anyone else changing out their CCW of choice and how they carry because of this schniznit? PS - if you haven't, give to MSI if you can. I just joined and donated and wanted to thank all those at MSI and everyone else fighting this unconstitutional BS.