No firearms allowed in this building...

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  • trailman

    Active Member
    Nov 15, 2011
    632
    Frederick
    SO new signs on the Frederick City .... Parking decks. I'm to assume that I am now not allowed to secure my firearm in my car while parked in the deck. WTF? Is this legal?
     

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    308Scout

    Ultimate Member
    MDS Supporter
    Mar 27, 2020
    6,672
    Washington County
    SO new signs on the Frederick City .... Parking decks. I'm to assume that I am now not allowed to secure my firearm in my car while parked in the deck. WTF? Is this legal?
    It's referencing 4-111 (SB1), presumably covered by the portion prohibiting carry in:

    (4) "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;

    I don't believe that portion was covered by the current PI in the MSI suit. From the MSI site:

    1708023042848.png
     

    trailman

    Active Member
    Nov 15, 2011
    632
    Frederick
    Outside of the obvious permitted carry issue, what gets me is its a parking deck. As in if I get called in while I'm hunting for example I cannot put my gear in my trunk of my car.
     

    K-Romulus

    Suburban Commando
    Mar 15, 2007
    2,430
    NE MoCO
    You'd have to get a real non-amateur legal opinion on what SB1 does, and what it exempts:

    On one hand it says:
    (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.

    On the other hand it says:

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

    (2) A government or public infrastructure area specified under subsection (a)(4)(i) of this section must display a clear and conspicuous sign at the main entrance of the building or the part of a building that is owned or leased by the unit of State or local government indicating that it is not permissible to wear, carry, or transport a firearm in the building or that part of the building.
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,110
    You'd have to get a real non-amateur legal opinion on what SB1 does, and what it exempts:

    On one hand it says:
    (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.

    On the other hand it says:

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

    (2) A government or public infrastructure area specified under subsection (a)(4)(i) of this section must display a clear and conspicuous sign at the main entrance of the building or the part of a building that is owned or leased by the unit of State or local government indicating that it is not permissible to wear, carry, or transport a firearm in the building or that part of the building.
    4-111(b) over rides 4-111(d) when the item is stored/transported in a vehicle in accordance with 4-111(b). Once you step outside your vehicle with the firearm, you are no longer protected by 4-111(b).
     

    trailman

    Active Member
    Nov 15, 2011
    632
    Frederick
    You'd have to get a real non-amateur legal opinion on what SB1 does, and what it exempts:

    On one hand it says:
    (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.

    On the other hand it says:

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

    (2) A government or public infrastructure area specified under subsection (a)(4)(i) of this section must display a clear and conspicuous sign at the main entrance of the building or the part of a building that is owned or leased by the unit of State or local government indicating that it is not permissible to wear, carry, or transport a firearm in the building or that part of the building.
    Read through the link and its clear as shit. As always. Posit this, is parking deck a building or a vertical parking lot as it has no walls?
     

    chale127

    Ultimate Member
    Nov 5, 2008
    2,656
    Brooklyn, MD
    Outside of the obvious permitted carry issue, what gets me is its a parking deck. As in if I get called in while I'm hunting for example I cannot put my gear in my trunk of my car.


    MD Law says:
    2-1601
    (c) "Building" has the meaning stated in the International Building Code.

    IBC says:
    BUILDING - Any structure utilized for or intended for supporting or sheltering any occupancy

    Occupancy is the critical word here and it is not individually defined in the IBC...depending on the lawyer and Judge...I think it could be argued that a parking garage is not a building....The flip side of the coin COULD be if said garage had a space for an attendant with bathroom, etc. because that is an occupied space.
     

    shootin the breeze

    Missed it by that much
    Dec 22, 2012
    3,878
    Highland
    I don't care anymore. The state thinks I'm a criminal. I now act like one and do what I want. It's so liberating to not care what the crown thinks anymore.
     

    AlBeight

    Member
    MDS Supporter
    Mar 30, 2017
    4,529
    Hampstead
    Crap! I’m there all the time dropping off and picking up permit submissions. I’ve complied with the sign in the building’s entrances and secure it in my vehicle before going in, I never noticed the sign going into the parking structure. I usually get lucky and find an empty meter on the street, but the last half dozen or so times I’ve been there the meters were full/occupied and I had to go in the garage. A choice will have to be made now.....
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,110
    Crap! I’m there all the time dropping off and picking up permit submissions. I’ve complied with the sign in the building’s entrances and secure it in my vehicle before going in, I never noticed the sign going into the parking structure. I usually get lucky and find an empty meter on the street, but the last half dozen or so times I’ve been there the meters were full/occupied and I had to go in the garage. A choice will have to be made now.....
    You're fine leaving it in your vehicle so long as it is locked up.
     

    Bob A

    όυ φροντισ
    MDS Supporter
    Patriot Picket
    Nov 11, 2009
    31,002
    As long as wrapped up in a knit ski cap and placed in the center console is considered “locked up”, I’m good to go?

    I prefer previously occupied fast food bags, or the ever-helpful old plain brown bag., which is optimally pretty wrinkly, as though from a week of daily bologna sandwiches. No one has high expectations for anything in such a bag.
     

    DaemonAssassin

    Why should we Free BSD?
    Jun 14, 2012
    24,000
    Political refugee in WV
    SO new signs on the Frederick City .... Parking decks. I'm to assume that I am now not allowed to secure my firearm in my car while parked in the deck. WTF? Is this legal?
    Looks like the Church St. parking garage. Look behind you and see what building is there and who owns that big building with the off street parking lot, with reserved parking spaces. There may be a reason why the city is acting in that manner, even though I don't agree with it in any way.
     

    Brickman301

    Ultimate Member
    Mar 23, 2015
    2,552
    FREDERICK, MD
    That same sign is also at Airways Inn restaurant at the Frederick airport. I’m guessing because the building the restaurant is in is owned by the city?
     

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