Transporting to and from Work

[xTourniquet]

First of all let me say thank you to all of you for your efforts to preserve our rights in this state.

I have a question regarding the wearing, carrying, and transporting of a handgun to my place of employment.

I am sure you are aware of the statute I am referring to (Md. CRIMINAL LAW Code Ann. § 4-203)

(7) the wearing, carrying, or transporting of a handgun by a supervisory employee:

(i) in the course of employment;

(ii) within the confines of the business establishment in which the supervisory employee is employed; and

(iii) when so authorized by the owner or manager of the business establishment;

My question is specifically on item (ii). As I read, it authorizes ONLY carrying or transporting within the confines of the business. Is it reasonable to assume that it also authorizes transporting to and from the place of business?

If so, what about business errands, or lunch breaks, going to get food, etc?

Thank you.

 

[ThatIsAFact]

Another one of the exceptions in § 4-203 applies to "the carrying of a handgun on the person or in a vehicle while the person is transporting the handgun . . . between the bona fide residence and place of business of the person, if the business is operated and owned substantially by the person if each handgun is unloaded and carried in an enclosed case or an enclosed holster . . ." So, if the business is "owned substantially by you," then you can transport it to that place of business in the manner indicated. If the business establishment is not "owned substantially" by you, then a substantial owner would have to transport the handgun to the place of business, where it could be provided to "a supervisory employee" for carrying on the business premises, if authorized by the "owner or manager." Of course, the handgun would have to stay on the premises if the non-owner supervisory employee leaves the premises on errands during the day, or at the end of the day, unless it was being transported to one of the other destinations specified in the statute.

 

[xTourniquet]

No, the business is not owned substantially by me. I am but a mere supervisor. We have had a recent theft from our building which is causing us to look more closely at our security protocols.

If I am understanding you correctly, the owner would have to provide his own personal firearm to an employee to carry throughout the day. That seems bass ackwards but I can't say I expected anything else...

 

[ThatIsAFact]

ownership is one thing, transportation another

If I am understanding you correctly, the owner would have to provide his own personal firearm to an employee to carry throughout the day. That seems bass ackwards but I can't say I expected anything else...

This law doesn't speak to the ownership of the firearm. It could be your handgun, but the difficulty is to get it to the place of business without somebody violating the anti-transportation statute. In theory, you could lawfully transport the handgun to one of the permissible destinations -- the range, for example -- meet the business owner there, and lend him your handgun. Then he could lawfully transport it to the place of business, either directly or from his own residence. Once both you and your handgun are on the business premises, he would return the loaned handgun to you. But the only lawful way to get it back to your residence, as far as I could see, would be to go through the same cumbersome process in reverse.

In the alternative, you could apply for a restricted carry permit. I suppose that a restricted permit might be issued, valid only to transport a handgun between your residence and place of employment, if your employer provided the appropriate type of documentation.

I am not a lawyer and this is not legal advice.

 

[SomeGuy]

If so, what about business errands, or lunch breaks, going to get food, etc?

Thank you.

No - do not even start thinking about that kind of stuff.

By the letter of the law, you are not allowed to stop and put gas in your car on the way to the range, if you have your gun with you.

 

[jonnyl]

No - do not even start thinking about that kind of stuff.

By the letter of the law, you are not allowed to stop and put gas in your car on the way to the range, if you have your gun with you.

That's a pretty extreme interpretation. The law doesn't say "directly".

 

[PapiBarcelona]

LOL

I don't know what's worse, Internet E-lawyers, or some of our current Maryland elected law makers.

 

[xTourniquet]

By the letter of the law, you are not allowed to stop and put gas in your car on the way to the range, if you have your gun with you.

So what does the MSP suggest I do when I run out of gas on my way back from Vienna?

I am just trying to think through the logistics of carrying while at work. If I could legally transport to the building, I would have to find a way to secure the weapon if/when I leave the building to run errands, meet customers, etc.

 

[ThatIsAFact]

interstate?

So what does the MSP suggest I do when I run out of gas on my way back from Vienna?

Until now, I think we've been assuming that both your residence and your place of employment were in Maryland. If your residence and starting point is in Virginia, then a federal law ((18 U.S.C. § 906(A)) may come into play. The text of the federal law follows:

18 USC § 926A - Interstate transportation of firearms

Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.

 

[xTourniquet]

Sorry I should have clarified - Delmarva Sporting Clays in Vienna MD.

 

[swinokur]

No - do not even start thinking about that kind of stuff.

By the letter of the law, you are not allowed to stop and put gas in your car on the way to the range, if you have your gun with you.

Please show me where in Statute 4-203 it says any of this stuff

 

[nedsurf]

If one has to keep the gun unloaded and in a case when going to and from the business, doesn't this ignore the issue that opening and closing operations are prone to a robbery attempt?

 

[Mark75H]

If one has to keep the gun unloaded and in a case when going to and from the business, doesn't this ignore the issue that opening and closing operations are prone to a robbery attempt?

Just like personal protection, not the state of Maryland's problem ...

 

[xTourniquet]

If one has to keep the gun unloaded and in a case when going to and from the business, doesn't this ignore the issue that opening and closing operations are prone to a robbery attempt?

If I wanted to do that I would have to apply for a "self protection" permit and get denied.

 

[occbrian]

Law is complete ********. I take them with me wherever I want. I transport to work (in locked container) and leave in my vehicle so that I can shoot at the range during my lunch break.

If someone wants to charge me for that, I welcome it. I'm sure SAF and Gura would like that case.

 

[SomeGuy]

That's a pretty extreme interpretation. The law doesn't say "directly".

True enough, I do tend to work in a very binary manner.

If we were in a place and time when our law makers were not trying to explain their attempts to pass laws that seem to me to be un-Constitutional as 'Common Sense', I would be a bit less extreme in my interpretation.

It is not my intent to upset anyone, or suggest that my view is the only one out there.

In my younger days I did a few things that were not against the law, but I still needed to hire a lawyer for my defense.

These days, I like to never be in a position where anyone would even question the legality of my actions in the first place.

And that was my thinking when I answered the OP.