hypothetically speaking, I have a designated collector’s license from the Maryland State Police.
the purpose is to be able to purchase more than 1 regulated firearm within a 30 day period but also the law states that I can transport public or private for exhibition
MD Criminal law:
§4–203.
(5) the moving by a bona fide gun collector of part or all of the collector’s gun collection from place to place for public or private exhibition if each handgun is unloaded and carried in an enclosed case or an enclosed holster;
A Maryland gun collector can transport guns from their collection, private and public, for an exhibition. A handgun can be transported by a person to Maryland real estate that a person owns or leases or where the person resides or to a business establishment that a person owns or leased. Otherwise, a person who does not meet one of the above exceptions is prohibited from transporting, shipping, or moving a firearm in any way or else they risk arrest.
So, hypothetically speaking, I could conceal carry an Unloaded in holster firearm to show my friends how to use a glock 9mm with the magazine in my back pocket. I know it’s not a ccw however if the law is saying that I can transport pretty much anyplace where a regulated firearm is permitted and I am “showing for exhibition” then it’s legal.
I don’t know anything about Maryland firearm laws but hypothetically speaking I would strongly suspect that if a LEO found you carrying a concealed firearm on your person they would consider you to be carrying a concealed firearm and normal State carry laws would apply. Especially if you also had a loaded magazine somewhere else on your person.
The law seems to specifically state in an enclosed case or “enclosed” holster. That seems to imply more than a standard holster and does not seem to specify that you can actually be wearing it. You may or may not be able to argue in court that you were transporting in compliance with your collectors license but there would likely be significant lawyers fees and perhaps a little time behind bars involved while you try to prove your innocence.
It sounds like a potentially valid legal argument. But I wouldn’t feel comfortable testing it in an anti self defense State. Especially with a loaded magazine somewhere else on my person.
Trying to interpret a law and apply it in a manner that seems clearly outside of its intent, to effectively carry concealed in an anti-gun state that doesn’t want you to carry concealed?
Seems extremely risky.
But I’m not a lawyer and this is not legal advice.
I agree however, I’m just curious , not saying that I would try it, I’m actually awaiting on my conceal carry to get approved but I was just wondering from a legal perspective because the laws regarding a designated collector in Maryland are very open ended and once you become a designated collector it’s a valid license for life and doesn’t expire, based on the law there’s really no specifics to what holster? a sock, box, lock box etc, loaded how,? magazine loaded ? the law doesn’t say that you cannot have a loaded magazine it just states an unload gun, you see what I mean? since Maryland is not really specifying the transport laws down to a minuscule then my thought reverts back to " If it’s not a law then it’s legal" concept
It often seems to me that all these anti self defense laws are written with intentionally vague language in order to allow prosecutors to entrap citizens by using their own interpretations however they choose and leaving everyone else to guess what the law actually means.
Can’t speak to Maryland but know in CA where I do some work that a loaded magazine is legal when transporting a firearm as long as the firearm is unloaded and stored in a locked case. However I have heard of several cases where a person was arrested because they had a loaded magazine even though they were following the laws to the letter.
In anti self defense states it is often the LEOs and prosecutors that are breaking the laws. But it is law abiding citizens who have to spend the time and money to prove their innocence.
I suspect in Maryland a prosecutor would try to use the presence of a loaded magazine as evidence that the persons true intent was to carry concealed and not to bring it somewhere to exhibit to others.
since Maryland is not really specifying the transport laws down to a minuscule then my thought reverts back to " If it’s not a law then it’s legal" concept