Maryland CCW loophole???

D

dZ

New member
http://www.inform.umd.edu/UMS+State/MD_Resources/MDSP/art27.txt
(a) The term "Handgun" as used in this
subheading shall include any pistol, revolver,
or other firearm capable of being concealed on
the person, including a short-barreled shotgun
and a short-barreled rifle as these terms are
defined below, except it shall not include
a shotgun, rifle or antique firearm as those
terms are defined below.

1. The term "antique firearms" means

a. Any firearm (including any firearm
with a matchlock, flintlock, percussion cap,
or similar type of ignition system)
manufactured in or before 1898; and

b. Any replica of any firearm
described in subparagraph (a) if such replica-
1. Is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or
2. Uses rimfire or conventional centerfire
fixed ammunition which is no longer
manufactured in the United States and which is
not readily available in the ordinary channels
of commercial trade.

Ok so a modern percussion cap derringer could be carried in MD without a permit?

You would be able to roll your own unique centerfire pistol ammo and licence free carry a replica that shoots it?

sure it is not a glock 9 but its a tad better than a pointed stick...

It sounds like you could legally carry an 1879 .38 cal Colt Lightning!

Of course you still can not commit a crime with the "antique" gun:

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>(d) Unlawful use of handgun or antique
firearm in commission of crime; penalties.-
Any person who shall use a handgun or an
antique firearm capable of being concealed on the person in the commission of any felony or
any crime of violence as defined in Section
441 of this article, shall be guilty of a
separate misdemeanor and on conviction thereof
shall, in addition to any other sentence
imposed by virtue of commission of said felony
or misdemeanor:
(1) For a first offense, be sentenced
to the Maryland Division of Correction for a
term of not less than 5 nor more than 20
years, and it is mandatory upon the court to
impose no less than the minimum sentence of 5
years
Firing of weapon not required.
Subsection (d) of this section does not
require that the weapon actually be fired as
an element of the crime. Couplin v. State, 37
Md. App. 567, 378 A.2d 197 (1977).[/quote]

It seems as if you could legally carry any replica of a pre 1898 designed handgun!

dZ
 
I'd EMail pro-gun Maryland orgs...each should have a lawyer around that could answer this.

IF it's true...hey, the ultimate would be a Ruger .44 Percussion based on the Blackhawk frame! I think the dang thing even has a transfer bar safety so you can carry it six-up.

Buy two. Leave one factory-stock, on the other remove the loading bar completely and chop the barrel down to 3" or so for fanny-pack-size carry. Stick a bird's-head grip on it made for the Blackhawk to reduce bulk even more. IMI sells a Tritium front sight for the Blackhawk that should fit :). The reason you need the second factory-original gun is to load the cylinder on the carry gun using the unmodified loading bar on the other :D.

You should be able to cram a whole bunch of lead shot in the first cylinder, run LSWCHP in the other five. It'll get you through the night!

:D

Jim
 
Don't screw around. Cabela's is selling reproductions of the LeMat revolver. Nine rounds of .44 with a 20 gauge shotgun barrel in the middle. It was Jeb Stuart's assault weapon.
 
How about a Mauser 1896 broomhandle pistol? Didn't they come in 7, 8, and 9mm? Tried to buy 8mm Mauser pistol ammo lately? Not your white bread caliber in "the ordinary channels
of commercial trade".


------------------
Gun Control: The proposition that a woman found dead in an alley, raped and strangled with her own panty hose, is more acceptable than allowing that same woman to defend herself with a firearm.
 
SSSSHHHH!!! Don't talk about this too loudly. The legislative thugs will cram this loophole shut.

When I lived in Michigan and was unable to get a concealed carry permit I carried a .45 black powder derringer. I loaded it with either two balls or one ball and birdshot. When I asked a local LEO about it he said most officers wouldn't do much more than tell me not to carry it. That was about 7 years ago.
 
i got this responce from an MD gun list:
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>I worked in a store where one of the clerk's idea of a cool Saturday was
to walk down the street with an antique pistol in a holster. He also
carried a copy of the law....

He claims to have been routinely rousted by the police, who would
usually hold him till they called the station, found out it was legal,
then let him go.

Of course, nowadays, they'd probably just shoot him on sight....[/quote]
 
dz,

Under 36f sec 5... it says
************
"Note...The term Handgun means any weapon (including a starter gun) which will or is designed to or may be readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; or any destructive device. .........
************

so this contradicts the exception of antiques

I don't know, the law is very confusing in that state. I would say to contact the attorney gen of the state to see for sure. You may end up in violation just as if you had carried a modern gun. Plus, after reading the penaltys section, a first offense carries a max of three years jail. A conviction of this and a person could no longer buy firearms anywhere, ever. If carrying a modern gun gets you into the same trouble as a black powder, then why carry an antique?

Also of note it said in 36b that:

**********
*Note: This section is constitutional as a reasonable exercise of the State's police power. Onderdonk v. Handgun Permit Review Board, 44 Md. App. 132, 407 A.2d 763 (1979).

And it does not violate the Second Amendment because that Amendment is not applicable to the States. Onderdonk v. Handgun Permit Review Board, 44 Md. App. 132, 407 A.2d 763 (1979).

"
*******************

depressing isn't it. "that Amendment is not applicable to the States" ..so the bill of rights does not apply to the states? who determines which amendments apply to the states and which don't?

I wish that the loophole was real. However, in a state that interprets the second amendment as stated above, it would make worry. I hope I am wrong.

Take Care and move out of the communist occupied territory of Maryland.
 
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