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Maryland Laws - On your own property

Discussion in 'Legal' started by boxcab, Jun 20, 2006.

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  1. boxcab

    boxcab Member

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    Looking for some help concerning MD gun laws.

    Can I open carry in my own yard? If I were to open carry while mowing the lawn/triming the roses/playing with the kids, would I be legal?

    Thanks for any help,

    -Boxcab
     
  2. Byron Quick

    Byron Quick Moderator In Memoriam

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    boxcab,

    Most state governments have an official website. The website often contains the code for the state and a link to the state Attorney General's website.

    There are only three sources for answers to your question that I would trust: 1)Reading the Maryland State Code for myself-the website should be searchable, 2) Have a Maryland attorney, knowledgeable of state firearms laws tell me, or 3) Write a letter to the state Attorney General asking him.

    For instance, I have never heard of a state where open or concealed carry on your own property is prohibited...but what if I haven't heard of the Maryland law? And you do it. And whoever told you it was A-OK was in error?

    I'd look for a website with the state code. If I found a statute which seemed to allow carry on my property but seemed to be the least bit ambiguous...I'd write the attorney general. If he sent me back a letter saying it was A-OK...I'd keep the letter to show any police officers who show up ignorant of the law.
     
  3. pcf

    pcf Member

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    Where in Maryland?

    If your in Montgomery, Howard, Baltimore (Baltimore city), Anne Arundel, or Prince George's County your inviting a world of trouble if you open carry on your property, legal or not. Outside of that depends on the location, out west or on the eastern shore I doubt anyone would bat an eye. If you're in a "blissninnyfied" area don't make yourself a martyr.
     
  4. Spot77

    Spot77 Member

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    Why would you say Anne Arundel County?Anne Arundel is one of the most conservative counties in the state. Even our Democrat Legislators are pro-gun (Jimeno, Cadden, Astle to name a few) I frequently carried on my property before moving last year. Besides, it IS perfectly legal, although your point about raising ire with the blissninnies is well taken.

    I suspect that if your neighbors complained loudly enough, the wrong police officer might try to charge you with something; disturbing the peace or some other nonsense.

    However, you MAY carry on your own property as you see fit, although perhaps packing in an IWB or pocket would probably be better. Besides, why advertise that you have guns? The bad guys will just show up at your house when they know you're not hme.
     
  5. boxcab

    boxcab Member

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    I've looked...

    Yeah, I have looked, and finally found the laws addressing this...

    From http://www.lcav.org/states/maryland.asp

    Highlighting is mine.

    I live in AA county.

    Yes, maybe I do want to disturb some blissninnies, :) they did not worry about my feelings when thay started taking away MY rights! Doing something perfectly legal is not what I consider going out of my way to cause trouble. I think I'll start this weekend. Getting a letter from the States Attorney General would be a good thing to have handy.


    -Boxcab
     
  6. Live Free Or Die

    Live Free Or Die Member

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    You can get a letter from the AG if you like -- and I understand why that approach was recommended. But the law reads pretty clearly in this case (at least to me), that you are explicitly not to be prevented from carrying on your property. Might want to print that section of the code out and stuff it in your back pocket while you're carrying in the lawn. ;)
     
  7. SL4SI

    SL4SI Member

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    If I am reading this properly am I able to carry while outside of my apt. but still on apt. grounds? The neighborhood I live in isn't exactly the best (PG County) and it would be nice to have something while I'm out watching my son play.
     
  8. American By Blood

    American By Blood Member

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    Boxcab-

    If I remember the story correctly, Howard Fezell successfully defended a PGC man who was arrested for openly carrying in his own yard a while back.

    The cops and DA apparently construed walking around one's own yard with a pistol in a shoulder rig as brandishing or some other such offense. Mr. Fezell helped the court to disagree.

    See of you can find anything in the appropriate legal databases about the case.
     
  9. MikeH

    MikeH Member

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    I'd strongly recommend getting a clarification from the AG's office. We're paying their salaries. Might as well put them to some useful work. :D

    IIRC, MD state legislature has reserved to itself (and denied to county and local governments) the right to regulate possession, sale, carry and transportation of firearms. That means counties and cities cannot enforce anti-gun ordinances by themselves. The same MD laws should apply to each and every county.
     
  10. pcf

    pcf Member

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    I'm in AA county too, in the last couple of years the attitudes, IMO, have become more and more "blissninnyish", I think it has something to do with home prices and all the people the NSA is bringing in. It's certainly not the people that have been in AA county for a while, it's the people that are showing up, they can't afford to live in Howard or Montgomery County so they try to take over the nicest place they can find.......... Anne Arundel County Police are good guys, pretty down to earth, you can have a normal conversation with them.
     
  11. Spot77

    Spot77 Member

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    While you may be leasing the apartment, and thus have an interest in the common areas of the property (such as stairwells and parking lots) every other person in the complex has those same interests and I don't think they'll embrace your philosophy of self defense.


    And many apartment complexes deal with this in your leasing contract explicitly.


    pcf: I see that your in Laurel. Things are a bit different down that way. Too much PG influence spilling over.
     
  12. Capital Punishment

    Capital Punishment Member

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    If its legal (which it is), then open carry on your property all you want. It doesnt matter if someone likes it or not, its tough **** for them because youre perfectly legal. :confused:

    I always hear everyone say, "well, open carry is legal here but no one open carrys and you really shouldnt!!" Well if its legal who the hell cares? Open carry!!!

    02
     
  13. ApexinM3

    ApexinM3 Member

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    Ah, this is a subject I ALL too familiar with.

    Boxcab, I'd be careful.

    Back in '95, I was arrested for defending myself at my parents house. I used my (then fathers) USP after being followed back to my house by no less than 4 car loads of people bent on pounding me in the ground (long story, WOB to explain here). As a legal resident/owner of the property, you are technically within the law (Anotated Code of Maryland Article 134, section B if memory serves correctly).

    I know that I got royally screwed by the courts after my situation on my parents property, so given the anti-gun disposition of MD I wouldn't tempt fate. Trust me when I say you can get the shaft in a big way. Your situation may be a bit different as I was a minor at the time.

    Hopefully things have changed since '95, but given my mistrust of MD judicial system, if it was me I wouldn't do it. IANAL, though...
     
  14. ApexinM3

    ApexinM3 Member

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    I have lived in AA county for 29 years, and can attest to this. All the yuppies/new money/left-winger college grads that can't afford Howard & Montgomery counties are spilling over here.

    As for the local police officers here, they are a pretty cool bunch, I've always gotten along with them. Never had any problems with the county cops, though.
     
  15. K-Romulus

    K-Romulus Member

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    too close to call

    I don't know if your county has a local law on the following (like Montgomery County does), but the MD preemption law seems* to allow localities to do what they want with regard to firearms within 100 yards of certain places:

    Here is the MoCo Code:

    So, we have two different statutes that need to be reconciled:

    1) state law says you have the right to have your firearms on your property,
    and
    2) state firearms law preempts local law, except in certain situations.

    Like ApexinM3 said, I would not want to be the test case for this one. . . until then,
    "concealed means concealed"(!) :what:

    (*"seems": because I am not a MD lawyer, I only call it as I see it.)
     
  16. boxcab

    boxcab Member

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    Have we created "Blissninnies"?

    Do we create "Blissninnies"?

    Do gun owners who go out of their way to not offend a "Blissninnie", contribute to their ignorance?

    By concealing the fact we have guns, do our local "Blissninnies" feel comforted that they live in a 'gun free' area?

    How could it be "disturbing the peace", if it is an every day occurance?

    By conceal carrying do we then cause the "Blissninnies" to over react when they do see a gun?

    Should we not be making our guns visible, a common occurrence, and an every day experience? Should we not be desensitizing the population? Get our camel’s nose under their tent?

    By hiding our guns, do we not look like criminals trying to hide our illegal activities from those who do not know better?

    By not showing the "Blissninnies" that everyone who has a gun is NOT a lunatic ready to shoot up the local elementary school, are we doing a dis-service to the general population?

    I believe that acting in a defensive manner has put the "Blissninnies", by defalt, on the offensive. We have done it to ourselves.

    I will be open carring while mowing my lawn/watching the kids this weekend. I will report if any one complains.

    -Boxcab
     
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