whats the legality of walking down the road with a gun?

Question

What would someone get charged with if he walked down the road with a firearm in plain view in MD? no i do not have any plans in attempting this, but I have heard of some people doing it in other states, where im sure its legal

Answer 1

In Maryland, since we are not a legal open carry state, you would get arrested without a CWP, if you were carrying a loaded handgun, and it was a public road, and not private property.(It would be just like you were carrying it in Public) If you were carrying a rifle or shotgun though,in the "country", and there was a current legally open hunting season that the firearm could be being used for, then there would be no problem as long as it was unloaded, and being carried safely......You didn't advise what type of firearm, so I based my answer on the info given....

*Fishtremble..Here in Maryland people that commit crimes are arrested based on "facts" and not "assumptions"..
And for the record. Maryland is one of the toughest states
of all to get a concealed weapons permit issued to an individual...

Answer 2

I believe that doing that in city limits could wind you a 'brandishing a weapon' charge, but it does depend greatly on what you have and what officer sees it or responds to the call.

The most I can find is the following:

" It is a crime to wear or carry openly any rifle or shotgun with the intent or purpose of unlawfully injuring any person."

"Rifles and shotguns being transported in motor vehicles must be unloaded."

" The Maryland state legislature has reserved to itself (and denied to county and local governments) the right to regulate possession, sale, carry and transportation of firearms.
It is unlawful to carry any firearms or deadly weapon of any kind on any public school property."

That doesn't really answer your question, but as long as it's unloaded and cannot be rapidly loaded(you're not wearing a chest rig full of magazines) and not too scary, you should be ok transporting it from home to home, business, or gunsmith. If it were loaded or could be readily loaded, you could be charged on the assumption that the only reason it's in that condition is to cause harm to someone. Threatening someone with it like that will also immediately fall under there, as you're expressing a desire to use it unlawfully.

With a pistol, of course, you're required to be permitted properly, but it doesn't sound that hard to get there(JD: I am, of course, comparing this to getting my pistol permit in New York, which is nigh impossible right now)(Also, I say assume, but I mean it in a legal sense, I'm a bit short on words for what I'm trying to think of, but that having a loaded gun in public is grounds for charging you with having a weapon you intend to use to assault someone or somehow break the law, which is illegal in MD).

Answer 3

I know of a small town (which shall remain un-named for fear that a national press story will ruin this) that has a 75 yard rifle range out behind their high school football stadium on school grounds. It's not unusual to see high school kids walking home from school carry their .22 rifle cases like you'd see kids carrying band instruments.

In central Texas, where many small towns live on the vibrant hunting economy, it's not unusual to see hunters standing around the parking lot of the town diner or gas station showing off their firearms as highway traffic drives by.

My point is, it totally depends on where you are.

JD is a gun dealer in Maryland, so you can depend that he knows and understand the laws there....listen to his advice.

Answer 4

It all depends on what purpose you might be doing so. If you are referring to doing so while legally hunting your states regulations say, "Shoot on, from or across any public road" but I did not immediately in my brief review of your hunting regulations see anything specifically however about walking with your weapon down the road.

If you have other questions about weapons use and handling regarding hunting you might try the following link:

http://www.dnr.state.md.us/huntersguide/

If you are not talking about in a hunting situation I would most certainly follows JD's advice and counsel as he is a dealer and a very knowledgeable gun expert in your state.

Answer 5

Local laws vary. In hunting season, some places,
it's a common sight. Some places, you've got to
be unloaded within a set distance from a road.

Answer 6

Maryland state law can regulate handguns and the carrying of such, but long guns fall under the 2nd Amendment and can't be outlawed outright. Carrying a handgun, open or not, without a CCW, is a no no. Carrying a long gun, as long as it's not with the intention to commit harm or to constitute a threat, is perfectly legal.

Cops, on the other hand, will give you hell over it....they'll demand your I.D (over and over)....they'll demand to know the reason why (again, over and over)....they'll declare your rifle to be "probable cause" etc and search you....and if they don't like you or are just plain d*ckheads, they'll trump up some "he threatened me" charge and arrest you.

Do as that one fellow did in Ohio and carry a cellphone with you. Have your home phone (with an answering machine) on speed dial, and record every word the cop says to you.

Answer 7

It is unlawful to carry any weapon rifle , shotgun or other wise with in 500 yards of any public road or its right of way. It is unlawful to have any weapon with in 200 yards of a school , athletic stadium or other sporting event unless you are a certified law enforcement officer . You may not have a weapon in any establishment that sells liquor for on the premises consumption. Transport : A weapon must be unloaded cased and stored securly in the automobile's trunk separate from any ammunition unless the person with the weapon is a certified law enforcement officer or holds a valid concealed carry permit. These are general rules that most states have on the books but at all times use common sense and don't ever consent to any search by a Police officer as that will get your weapon confiscated in which case you will have a difficult time getting it back.

Answer 8

Laws vary from jurisdiction to jurisdiction. In some state, a peopson can carry open just about anywhere.

Answer 9

see the link...

Answer 10

The only charge I could imagine is NONE.*