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Thread: OC at home with a kid

  1. #1
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    OC at home with a kid

    Hi All,

    I am new to the forum, and OC'ing actually. I have been reading the forum for a couple of months now, and recently bought my first gun, and have a question/concern.

    I live in MD (don't laugh) and have been OC'ing at home. My question is, should I be worried or concerned about a nosy neighbor seeing me with my newborn (while OC'ing) and possibly calling CPS or getting LE involved? I live in a town home community and the houses across the street are fairly close. It is also very easy to see inside from the street as well.

    Thanks for any opinions.

  2. #2
    Founder's Club Member thebigsd's Avatar
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    Quote Originally Posted by ZDAINSTALLER View Post
    Hi All,

    I am new to the forum, and OC'ing actually. I have been reading the forum for a couple of months now, and recently bought my first gun, and have a question/concern.

    I live in MD (don't laugh) and have been OC'ing at home. My question is, should I be worried or concerned about a nosy neighbor seeing me with my newborn (while OC'ing) and possibly calling CPS or getting LE involved? I live in a town home community and the houses across the street are fairly close. It is also very easy to see inside from the street as well.

    Thanks for any opinions.
    I don't think you should be worried at all. So long as you are legally allowed to possess and carry a gun in your home it doesn't matter what you are doing. You could be walking around naked with fruit on your head and carry your gun. As for carrying with the child present, I have been carrying since the day my son was born and have never had an issue at home or anywhere else. Of course, I live in VA but I don't think it changes anythin I said...
    Last edited by thebigsd; 08-04-2011 at 12:51 PM.
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  3. #3
    Regular Member virginiatuck's Avatar
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    You'd probably want to make sure that you comply with Maryland's State and Local laws regarding child access prevention. While Maryland has some sort of preemption, localities may regulate the purchase, sale, transfer, ownership, possession and transportation of firearms and ammunition with respect to minors. These laws appear to be more pertinent when the child is older than newborn, but you never know... You may want to consult an attorney, if it concerns you that much.

    From the Legal Community Against Violence page on Maryland: http://www.lcav.org/states/maryland.asp
    (I am by no means agreeing with the LCAV or trying to promote them; but they do have a rather thorough collection of state and local laws as well as some accurate legal analysis.)

    Md. Code Ann., Crim. Law 4-104(c) provides that a person "may not store or leave a loaded firearm in a location where the person knew or should have known that an unsupervised child [person under age 16 ( 4-104(a)(3))] would gain access to the firearm." Violation of this section is a misdemeanor, with a maximum fine of $1,000. Section 4-104(d). This section does not apply if:


    • The child's access is supervised by an individual age 18 or older;
    • The child's access was obtained as a result of unlawful entry;
    • The firearm is in the possession or control of a law enforcement officer while the officer is engaged in official duties; or
    • The child has a certificate of firearm and hunter safety issued under Md. Code Ann., Nat. Res. 10-301.1.

    Md. Code Ann., Crim. Law 4-104(b).
    Foster parents in Maryland who keep firearms in the home must store the guns, and all ammunition, in a locked room or container that is inaccessible to children, take all safety precautions to ensure firearms are not unintentionally used to injure children, and assure that any loaded firearms are not kept in the home unless required because a law enforcement officer lives in the household. Md. Code Regs. 07.02.25.05(G)(3)(b), 07.05.02.10(G)(1).
    For other measures related to child access prevention, see the Maryland Locking Devices section.

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    Thanks for the good information guys.

    I guess being worried about being hassled by the Govt comes with the territory.

  5. #5
    Regular Member MKEgal's Avatar
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    Quote Originally Posted by virginiatuck
    Md. Code Ann., Crim. Law 4-104(b).
    Foster parents in Maryland who keep firearms in the home must ... assure that any loaded firearms are not kept in the home unless required because a law enforcement officer lives in the household.
    Md. Code Regs. 07.02.25.05(G)(3)(b), 07.05.02.10(G)(1).
    Am I reading that correctly to say that OC or cc in the house would be illegal for foster parents?
    As would keeping a loaded pistol on/in your nightstand while you're sleeping?

    And if someone were cc while one of those gov't snoops came to inspect, how would the person know?

    And I found this funny:
    Foster parents in Maryland who keep firearms in the home must ... take all safety precautions to ensure firearms are not unintentionally used to injure children...
    So if you shoot them on purpose it's OK?
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  6. #6
    Regular Member virginiatuck's Avatar
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    Quote Originally Posted by MKEgal View Post
    Am I reading that correctly to say that OC or cc in the house would be illegal for foster parents?
    As would keeping a loaded pistol on/in your nightstand while you're sleeping?

    And if someone were cc while one of those gov't snoops came to inspect, how would the person know?

    And I found this funny:

    So if you shoot them on purpose it's OK?
    No, it's just that shooting them on purpose wouldn't violate *that* regulation. General criminal laws still apply.


    I just looked up that code here: http://www.dsd.state.md.us/comar/
    http://www.dsd.state.md.us/comar/com...7.02.25.05.htm
    07.02.25.05(G)(3)
    (3) General Safety Requirements.
    (a) A foster home worker shall inspect the home to assure that general safety standards are met. The general safety inspection includes the requirements of G(3)(b) and (c) of this regulation.
    (b) Firearms. A foster parent who maintains firearms in the home shall:
    (i) Follow all federal and State laws pertaining to registration, permits, and maintenance of firearms;
    (ii) Keep all firearms and ammunition maintained in the home in a locked room or container that is inaccessible to children;
    (iii) Take all safety precautions to assure that firearms are not accidentally used to injure children in care; and
    (iv) Assure that loaded firearms are not kept in the home unless required because a State, federal, or local law enforcement officer lives in the household and maintains and stores the firearms, in accordance with State, federal, and local law enforcement offices safety procedures.


    07.05.02 has identical verbiage.
    Last edited by virginiatuck; 08-08-2011 at 07:18 PM.

  7. #7
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    The key for the foster home parents is the word "loaded". I don't think a semi-automatic with the magazine removed counts as loaded.

  8. #8
    Regular Member Badger Johnson's Avatar
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    So, if I have a shotgun for home defense, I have to stop and load my five shells before I can defend my child if I'm in that city and a foster parent. That's retarded.
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  9. #9
    Regular Member virginiatuck's Avatar
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    Quote Originally Posted by Badger Johnson View Post
    So, if I have a shotgun for home defense, I have to stop and load my five shells before I can defend my child if I'm in that city and a foster parent. That's retarded.
    What do you mean "that city?" It's a State regulation.

  10. #10
    Regular Member virginiatuck's Avatar
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    Quote Originally Posted by Hdgmedic View Post
    The key for the foster home parents is the word "loaded". I don't think a semi-automatic with the magazine removed counts as loaded.

    The other part, perhaps that you missed: " (ii) Keep all firearms and ammunition maintained in the home in a locked room or container that is inaccessible to children;"

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