Talk:Gun laws in Maryland
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Open-carry long guns
editI was under the impression that open-carrying of long guns was de jure legal per an admission by the Attorney General of Maryland (http://www.handgunlaw.us/documents/agopinions/MDAG%20ResponseToLongGunCarry.pdf). State delegate Michael D. Smigiel, Sr. made a dramatized video regarding the risks of open-carrying in Maryland due to ignorance of the law (http://www.youtube.com/watch?v=GKtkefEcDQY). He played this video in the state legislature to raise awareness of the consequences of the laws (http://www.youtube.com/watch?v=HR541Ea9n70). I wanted to get anyone's input on the matter since these laws post-Heller are tricky to unravel and subject to constant judicial changes. Should this article be amended? -- Veggies (talk) 13:45, 11 January 2015 (UTC)
- I was not watching this article very closely until you posted this and so did not notice that part, but yes every available source I can find says open carry of long guns is legal, so that needs to be changed. Banning open carry outright without exception would be impossible in any state. People obviously carry long guns openly when hunting, defending the home or shooting at a range. Technically Smigiel is using the term "open carry" in a somewhat politically nuanced way, that is, carrying an uncased, loaded firearm in public for no reason at all other than possible self-defense while going about one's normal business. This specific behavior, be it long gun or handgun where legal, is somewhat rare in the majority of the United States except for certain rural areas where the local culture has been long accustomed to the practice, or by people attempting to make some kind of political statement.Legitimus (talk) 14:27, 11 January 2015 (UTC)
- Two questions: (1) Why is it impossible for states to ban open carry outright? Is this from Heller or another judicial decision? (2) What does "uncased" mean regarding firearms? Thanks. -- Veggies (talk) 14:48, 11 January 2015 (UTC)
- Perhaps "impossible" is overstating it, since any law can be passed theoretically and even upheld in courts due to personal prejudices of judges. But again I should stress that "open carry" really means any carriage of a firearm unconcealed, not the nuanced meaning used by many gun-rights advocates. When you are standing at a skeet range holding a shotgun, you are technically open-carrying. If a law was made that says you literally can never take any gun into public for any reason without exception, you could not buy, sell, take in for repairs, hunt, target shoot, etc. Even the United Kingdom doesn't do that (you just need the appropriate paperwork). I was pointing this out because the article here answers if open carry is permitted with a simple "yes" or "no," and it saying simply "no" without clarification is not correct.
- Regarding "uncased," this means a firearm that is not enclosed in a gun case or bag of some kind. It has both legal and practical implications: An "cased" firearm, especially one that is unloaded, is almost always legal, especially if it is being transported for a specific, lawful purpose (this depends on the local jurisdiction). This is even permitted with handguns without a permit under most circumstances (There's specific laws about it but I don't feel like digging them up at the moment). A cased firearm is also perceived by police and the general public is less accessible and therefore far less threatening. If Smigiel had his gun in a long bag or box, or even covered with a cloth "sock" the police would have likely ignored him.Legitimus (talk) 16:59, 11 January 2015 (UTC)
- Two questions: (1) Why is it impossible for states to ban open carry outright? Is this from Heller or another judicial decision? (2) What does "uncased" mean regarding firearms? Thanks. -- Veggies (talk) 14:48, 11 January 2015 (UTC)
Additions needed for table
editIn Maryland, if you become a convicted felon-- you lose all of your gun ownership rights. And, once you are felon, if you are then caught by police possessing a gun, you can go to jail for up to ten years.
Also-- there is something (but I don't know all of the details) in Maryland law that says that if you are caught with a large amount of drugs (more than you could personally consume) (making you a "drug dealer" under Maryland law)-- and if at the same time you are ALSO found to have a gun in your possession (with the very large ammount of drugs in your posession) your prison sentence for drug dealing will then be longer.
And also-- I think Maryland has possibly recently outlawed "ghost guns" but don't quote me on that.