SB 1 - Dont’s

[Threeband]

And rack up billable hours

Exactly!
Romp, play, and rack up billable hours!

 

[dblas]

Many, many laws are similarly vague. This is deliberate. It allows maximum flexibility for prosecutors and lawyers in general.

All that vagueness creates a vast playing field in which the lawyers can romp and play.

That goes both ways, and as a rule, the vagueness goes in the favor of the defendant and not the State.

 

[Threeband]

That goes both ways, and as a rule, the vagueness goes in the favor of the defendant and not the State.

That's true, and I thought of noting that on my earlier post. The vagueness allows for a lot of discretion in charging and even not prosecuting at all.

Similarly, "Officer Discretion" allows LEOs on the scene to use their judgment and issue warnings or perhaps a little lecture.

On the other hand, "zero tolerance laws" seem to have tremendous disadvantages.

But the fact remains, the vagueness of the gray areas creates a vast playing field for the lawyers to romp, play, and rack up billable hours. Look at how happy they are in that picture!

 

[N3YMY]

The statute makes no mention or a definition of what level of alcohol constitutes “under the influence” while carrying

That in of itself is disturbing.

Of course if charged as such the level used will be 0.0

 

[Biggfoot44]

Was his BAC measured or failing a field sobriety test etc.? Just looking for anything that could be helpful in a defense.

I'd have to look it up . But as I recall , it was 3 or 4 times the limit . As in when he got out of the car , he literally couldn't stand up .

 

[Biggfoot44]

It's probable that the statute was written before we had blood alcohol testing.

Like obscenity, the judge would decide.

Made me think for a minute , and check a couple of details .

" Carry Permits " as a concrete thing didn't exist until 1972 . In the general " Dangerous Weapons " statute now known as 4-101 , previously 27- whatever , didn't have a specific alcohol enhancement . So 1972 era is oldest possible background .

What was alcohol / driving status ?

First BAC testing was 1930's . Breathalyzer in its recognizable form 1953 . 1981 passed legislation to authorize roadside breath testing to be factor for probable cause for DD arrest . Before '81 ,breath testing was after the fact after arrest .

In 1972 , .15 was DW Intoxicated , and .10 was DW Impared .

So , it could have been possible to incorporate in 1972 , but didn't . Why not ? Pure speculation :

Breath testers not as wide spread for a few years yet , because of $ .

They intended the newly created Carry Permits to be few , restricted , and selective .

They wanted wiggle room vis a vis one of the peons vs a connected political or business elite leaving a cocktail party .

The primary enforcement means for Carry Permit Holders was Administrative Revocation , not Criminal . MSP could & did revoke using generality of " conduct likely to disturb public " or similar , instead of specifics .

 

[emerald]

I'd have to look it up . But as I recall , it was 3 or 4 times the limit . As in when he got out of the car , he literally couldn't stand up .

Wow

 

[Blacksmith101]

Supposedly it goes back to the Oyster Wars.

Oyster Wars - Wikipedia

en.wikipedia.org

Don't forget the DNR Police were well armed at that time also.

Picture of DNR Armament

Oyster Wars Cannon Historical Sources

An official website of the State of Maryland.

dnr.maryland.gov

Story of the above

https://dnr.maryland.gov/documents/AmericanLegionSellsHistoricCannon.pdf

 

[Mark75H]

Don't forget the DNR Police were well armed at that time also.

Picture of DNR Armament

Oyster Wars Cannon Historical Sources

An official website of the State of Maryland.

dnr.maryland.gov

Story of the above

https://dnr.maryland.gov/documents/AmericanLegionSellsHistoricCannon.pdf

And at one point, DNR had an actual PT boat, that they named after the governor at the time. The McKeldin. I knew a guy who served on it for the short time they used it.

 

[Threeband]

And at one point, DNR had an actual PT boat, that they named after the governor at the time. The McKeldin. I knew a guy who served on it for the short time they used it.

Ah, the Golden Age of postwar surplus! Remember the $50 jeeps?

 

[Threeband]

Don't forget the DNR Police were well armed at that time also.

Picture of DNR Armament

Oyster Wars Cannon Historical Sources

An official website of the State of Maryland.

dnr.maryland.gov

Story of the above

https://dnr.maryland.gov/documents/AmericanLegionSellsHistoricCannon.pdf

That's a Dahlgren Boat Howitzer, designed for naval landing parties and used at sea and on land by the Navy and the Army. More postwar surplus!

 

[Blacksmith101]

That's a Dahlgren Boat Howitzer, designed for naval landing parties and used at sea and on land by the Navy and the Army. More postwar surplus!

I thought it could be a Mountain Howitzer and they were protecting Mountain Oysters!

Link
How to Hunt Wisconsin Whitetail Deer with a 12 pound Mountain Howitzer Cannon

MT. HOWITZER

HOWITZER HUNT - Mountain Howitzer Cannon Whitetail Deer Hunt and build your own 12 pound Mountain Howitzer Cannon.

www.buckstix.com

 

[Threeband]

Similar idea, but different. The mountain howitzer was designed to be disassembled and packed on two mules. I think it's smaller than any of the Dahlgren boat guns.

https://civilwartalk.com/threads/dahlgreen-boat-howitzer.109332/

Notice that, instead of trunnions, the Dahlgren has a single large lug on the bottom of the tube, allowing it to be quickly mounted to the iron carriage.

The Mountain Howitzer is a dinky little thing with a wooden carriage having removable wheels. Notice it has conventional trunnions.

Portable Civil War Artillery: The Mountain Howitzer – Iron Brigader

 

[lazarus]

If you don't have a HGP, that's illegal.

If you have a valid HGP, read it.

2) Open carry is prohibited, unless:

THE REQUIREMENT IN PARAGRAPH (1) OF THIS SUBSECTION TO
KEEP A HANDGUN CONCEALED IS NOT VIOLATED BY:
(I) THE MOMENTARY AND INADVERTENT EXPOSURE OF A
HANDGUN; OR
(II) THE MOMENTARY AND INADVERTENT EXPOSURE OF THE
IMPRINT OR OUTLINE OF A HANDGUN.

(C) A PERSON IS NOT SUBJECT TO THE REQUIREMENT IN SUBSECTION (B)
OF THIS SECTION TO KEEP A HANDGUN CONCEALED IF THE PERSON 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:

(1) A PERSON EXEMPTED UNDER § 4–203(B)(1) OF THE CRIMINAL
LAW ARTICLE;

(2) A SECURITY GUARD LICENSED UNDER TITLE 19 OF THE BUSINESS
OCCUPATIONS ARTICLE ACTING WITHIN THE SCOPE OF EMPLOYMENT;

(3) A CORRECTIONAL OFFICER OR WARDEN OF A CORRECTIONAL
FACILITY IN THE STATE ACTING WITHIN THE SCOPE OF EMPLOYMENT;

(4) A RAILROAD POLICE OFFICER APPOINTED UNDER TITLE 3,
SUBTITLE 4 OF THIS ARTICLE ACTING WITHIN THE SCOPE OF EMPLOYMENT; OR

(5) AN EMPLOYEE OF AN ARMORED CAR COMPANY ACTING WITHIN THE
SCOPE OF EMPLOYMENT.

Or you fall under one of the exceptions where an HGP is not required. Range, hunting, dog training, on your own property or your own business.

 

[scottyfz6]

I will state I dont know MDs law for public intoxication but in VA any detection by a breathalizer is enough to arrest under. Now in court a .01 will get thrown out, but they can arrest for it.

A cop tried that when I was in the navy in va beach. He turned me over to the shore patrol trying to get me in trouble. Nothing like walking down the street and having a cop arrest your for public intoxication, blew a .02. Went to court for it, and the court dropped it as soon as I walked in the court room. My CO did not care either and said go away. BTW yes I had run ins with that cop before and he did not like me.

 

[eruby]

Don't fear the reaper

 

[Threeband]

Don't fear the reaper

Cyrus McCormick approves.

 

[Mark75H]

Cyrus McCormick approves.

I can't believe you played that one. Well done.

 

[Bob A]

I can't believe you played that one. Well done.

Toast him with some cotton gin.

 

[lazarus]

Is museum defined in Maryland law? I am wondering because I am planning to head to the Baltimore aquarium soon. And of all of the places I'd go I'd want to carry, well there, meh. To and from there, yeah. And I am guessing you could probably stretch the aquarium to be considered a museum. And yeah, I know concealed means concealed and all that.