Results 1 to 7 of 7

Thread: DC Metro concedes gun carry often legal on trains, buses

  1. #1
    Moderator / Administrator
    Join Date
    May 2006
    Location
    Fairfax County, Virginia, USA
    Posts
    8,711

    DC Metro concedes gun carry often legal on trains, buses

    http://www.examiner.com/gun-rights-i...n-trains-buses

    SNIP

    Some months ago it was reported here that - despite all the hallabalu arising from Congress’ recent mandate that AMTRAK allow passengers to transport unloaded guns in checked luggage - it’s generally NOT a crime under federal and most states’ laws to carry loaded handguns on AMTRAK trains. Now . . . WMATA has publicly acknowledged that gun carry on the DC Metro system is not banned, but merely governed by the laws of each of the 3 member jurisdictions: Virginia, Maryland, and the District of Columbia.

    . . .

  2. #2
    Regular Member Dreamer's Avatar
    Join Date
    Sep 2009
    Location
    Grennsboro NC
    Posts
    5,358
    Which means it's legal in VA for CC and OC, outright illegal in DC, and legal only for the anointed few in MD...

    In other words, if you get on the Metro Orange Line in Vienna VA, be SURE you get off no later than Rosslyn...
    It is our cause to dispel the foggy thinking which avoids hard decisions in the delusion that a world of conflict will somehow mysteriously resolve itself into a world of harmony, if we just don't rock the boat or irritate the forces of aggression—and this is hogwash."
    --Barry Goldwater, 1964

  3. #3
    Founder's Club Member - Moderator ed's Avatar
    Join Date
    Mar 2008
    Location
    Loudoun County - Dulles Airport, Virginia, USA
    Posts
    4,848
    Quote Originally Posted by Mike View Post
    Now . . . WMATA has publicly acknowledged that gun carry on the DC Metro system is not banned, but merely governed by the laws of each of the 3 member jurisdictions: Virginia, Maryland, and the District of Columbia.. . .
    Yeah.. fine.. except when I called them THIS week they said that if you had a gun, open or concealed ANYWHERE in the system, rail or bus, you (well me actually) would be arrested.
    I have sent and e-mail, phoned and also sent a postcard to the chief.
    http://forum.opencarry.org/forums/sh...searching-bags
    Carry On.

    Ed

    VirginiaOpenCarry.Org (Coins, Shirts and Patches)
    - - - -
    For VA Open Carry Cards send a S.A.2S.E. to: Ed's OC cards, Box 16143, Wash DC 20041-6143 (they are free but some folks enclose a couple bucks too)

  4. #4
    Regular Member Dreamer's Avatar
    Join Date
    Sep 2009
    Location
    Grennsboro NC
    Posts
    5,358
    Ed, I notices in the comments for that Examiner article that you seem to believe that a MD Permit to Carry a Handgun is for CONCEALED Carry only.

    You are, in fact, wrong.

    Nowhere in the MD state statutes regarding their permit does it require a permit holder to carry concealed. In fact, in any of the rural counties, people with MD-PCHs do OC occasionally, and it is 100% legal if you have the "Pikesville Permission Slip". And the card is called a "Maryland Permit to Carry a Handgun". It's sort of like a PA-LTCF, only it's impossible for "normal citizens" to get, has a TON of restrictions, and comes in about 200 different classes, depending on why you got it.

    Permits for "unrestricted carry" (meaning they are not job-specific) are more rare than Libertarian Tea Party Constitutionalists in the PRM...

    However, in the 4 URBAN counties, and in most of their municipalities, they have passed codes or ordinances that prohibit "public display of a firearm", which effectively prohibits ANY sort of OC--even if you have a permit. In fact, in some jurisdictions of MD, the local constabulary has let it be know that EHOC (as a legal, 1A-protected form of protest) will be met with with charges of "Disturbing the Peace" and "Attempting to Induce Public Panic", because they believe that even the mere sight of a piece of plastic or leather molded in a shape to hold a firearm my cause panicked stampedes of bleating Soccer Moms and Milquetoast Yuppies.

    Besides, the idea that a Citizen might actually attempt to engage the system in a meaningful manner by educating the MD public to the fact that they have been lied to for decades, and have been getting politically raped for nearly 4 centuries is simply unacceptable to the "powers that be" in MD.

    The cognitive dissonance that TRUTH creates in MD often can be, in fact, a direct threat to the Authority of the State, and will generally NOT be tolerated--by either the slavemasters in Annapolis and Pikesville, nor will it be seen as acceptable behavior by the majority of the brainwashed sheeple in MD who actually seem to revel in their statutorily enforced victim-hood.

    Apparently the executives and council members of the 4 Urban Counties think that the mere sight of a law-abiding citizen is so potentially panic-inducing in their sheeple constituencies that it needed to be banned.

    But the fact is, that in the VAST majority of MD (All the Eastern Shore counties, and all of the counties west of Montgomery County) OC is technically legal if you have a MD-PCH...

    You have to remember, MD has no "State Preemption". In fact, the law in MD is actually set up to ENCOURAGE localities to pass laws that are more restrictive than State Law, and it is the policy of the Governor, AG, MSP, and many of the State Legislators to support local laws that are so egregiously unconstitutional that they know they wouldn't have a snowballs chance in the State Legislature...

    Could OCing in a MD county or city that DOES NOT prohibit it (and therefore it is perfectly legal) get you arrested and get your MD-PCH revoked? Possibly yes. Being punished and persecuted in MD for NOT COMMITTING A CRIME except exercising one's own free will and Constitutional Rights seems to be a favorite pass time of the MSP and the District Courts.

    But we have seen (in the case of Anthony Graber) that although some LEAs in MD consider "contempt of cop" to be justifiable reason to illegally obtain a warrant, steal personal property, illegally detain and imprison someone, lie to district judges and the media, and falsify court records, SOEMTIMES the Judges in MD Courts actualy follow Rule of Law, and will put MD LEAs in their place and let them know that if they are going to abuse their authority, they should at least do it using laws that actually exist, rather laws that they make up on the spot...

    What it boils down to is this: the legality of OC in MD is locally determined by the Constitutionality of local LEA's attitutes and the fundamental legitimacy of local governments. But it only applies to those anointed few who have a State-Approved Permission Slip from Pikesville.

    In other words, if you live in MD and want to carry in public (OC or CC), you either need to be a HUGE political contributor to the Governor; an attorney, pharmacist, jeweler, or money courier that is "in good" with the MSP; or a frothing anti-gun elected official like Senator Babs Mikulski or State Rep. Bobby Frosh...

    Remember, in MD, they spell "Justice" with two "u"s in Annapolis and Pikesville because that is who they believe it applies to... (JustUs)
    Last edited by Dreamer; 12-22-2010 at 11:02 AM.
    It is our cause to dispel the foggy thinking which avoids hard decisions in the delusion that a world of conflict will somehow mysteriously resolve itself into a world of harmony, if we just don't rock the boat or irritate the forces of aggression—and this is hogwash."
    --Barry Goldwater, 1964

  5. #5
    Activist Member swinokur's Avatar
    Join Date
    Jun 2009
    Location
    Montgomery County, MD
    Posts
    984
    MD Statute below
    Maryland Criminal Law Section 4-209

    Article - Criminal Law
    § 4-209. (a) Except as otherwise provided in this section, the State preempts the right of a county, municipal corporation, or special taxing district to regulate the purchase, sale, taxation, transfer, manufacture, repair, ownership, possession, and transportation of:

    (1) a handgun, rifle, or shotgun; and

    (2) ammunition for and components of a handgun, rifle, or shotgun.

    (b) (1) A county, municipal corporation, or special taxing district may regulate the purchase, sale, transfer, ownership, possession, and transportation of the items listed in subsection (a) of this section:

    (i) with respect to minors;

    (ii) with respect to law enforcement officials of the subdivision; and

    (iii) except as provided in paragraph (2) of this subsection, within 100 yards of or in a park, church, school, public building, and other place of public assembly.

    (2) A county, municipal corporation, or special taxing district may not prohibit the teaching of or training in firearms safety, or other educational or sporting use of the items listed in subsection (a) of this section.

    (c) To the extent that a local law does not create an inconsistency with this section or expand existing regulatory control, a county, municipal corporation, or special taxing district may exercise its existing authority to amend any local law that existed on or before December 31, 1984.

    (d) (1) Except as provided in paragraph (2) of this subsection, in accordance with law, a county, municipal corporation, or special taxing district may regulate the discharge of handguns, rifles, and shotguns.

    (2) A county, municipal corporation, or special taxing district may not prohibit the discharge of firearms at established ranges.
    Last edited by swinokur; 12-22-2010 at 06:19 PM.

  6. #6
    Regular Member Dreamer's Avatar
    Join Date
    Sep 2009
    Location
    Grennsboro NC
    Posts
    5,358
    Frederick County Code: § 1-12-43. WEAPONS AND FIREWORKS.
    (A) No person shall have in his or her possession any firearm or weapon, including but not limited to bows, air guns, paint ball guns and slingshots, while on park land unless by permit. This section shall not apply to any persons authorized by law to carry firearms in the discharge of their official duties or to persons participating in programs sponsored and conducted by the Division that involve the use of such firearms and weapons.


    Montgomery County Code Chapter 57-10
    It shall be unlawful for any person to have upon his person, concealed or exposed, or in a motor vehicle where it is readily available for use, any gun designed to use explosive ammunition unless:
    (a) Lawful mission. Such person is then engaged upon a lawful mission for which it is necessary to carry a gun upon his person; or
    (b) Special guard, special police, etc. Such person is employed as a special guard, special police officer or special detective and has been lawfully deputized by the sheriff for the county, or has been appointed a constable in the county, or has been licensed under the laws of the state, should such a law be enacted, to carry such gun and then is on or in the immediate vicinity of the premises of any employer whose occupation lawfully requires the employment of a person carrying a gun while in the discharge of the duties of such employment; or
    (c) Military service. Such person is then lawfully engaged in military service or as a duly authorized peace officer; or
    (d) Hunting, target practice, etc. Such person is engaged in lawful hunting, drill, training or target practice on property of which he is the owner or lessee or on property with the prior permission of the owner or lessee thereof; or
    (e) Going to or returning from hunting, target practice, etc. Such person is engaged in going to or from lawful hunting, drill training or target practice, or in delivering such gun to or carrying it from a gunsmith or repairman, or is engaged in any other lawful transfer of possession; provided, that such person shall be on or traveling upon a public highway or property of which he is the owner or lessee or on property with the prior permission of the owner or lessee thereof; provided further, that such gun shall not be loaded with explosive ammunition. (1981 L.M.C., ch. 42, § 1; 2001 L.M.C., ch.11, § 1.)
    Last edited by Dreamer; 12-22-2010 at 10:33 PM.
    It is our cause to dispel the foggy thinking which avoids hard decisions in the delusion that a world of conflict will somehow mysteriously resolve itself into a world of harmony, if we just don't rock the boat or irritate the forces of aggression—and this is hogwash."
    --Barry Goldwater, 1964

  7. #7
    Regular Member Dreamer's Avatar
    Join Date
    Sep 2009
    Location
    Grennsboro NC
    Posts
    5,358
    "swinokur",

    I'm sure that if some county were brought to trial for having codes that were infringing on MD state law under the law you quoted:

    Maryland Criminal Law Section 4-209

    Article - Criminal Law
    § 4-209. (a) Except as otherwise provided in this section, the State preempts the right of a county, municipal corporation, or special taxing district to regulate the purchase, sale, taxation, transfer, manufacture, repair, ownership, possession, and transportation of:

    That the AG in MD would probably treat them the same way he treated Montgomery County when they instituted their Traffic Camera program and contracted with ACS (in TX) on a per-ticket contingency payment basis--in DIRECT VIOLATION of MD state law.

    §21–809. (j)(2) If a contractor operates a speed monitoring system on behalf of a local jurisdiction, the contractor’s fee may not be contingent on the number of citations issued or paid.
    The legal system in MD is about as straight as a bucket of ramen noodles, from the top to the bottom, at least according to PG County's recently ousted Chief of Police Roberto Hylton...
    It is our cause to dispel the foggy thinking which avoids hard decisions in the delusion that a world of conflict will somehow mysteriously resolve itself into a world of harmony, if we just don't rock the boat or irritate the forces of aggression—and this is hogwash."
    --Barry Goldwater, 1964

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •