by Ephraim Horowitz
A Scary World
A lot has happened recently to
change people’s perception of guns. Here are a few recent concerns:
Covid: COVID threatened to
destabilize much of civilization. People feared major food shortages and
violence. As a result, there was an instant rush on guns and ammunition. The
rush was so significant that almost no ammunition was commercially available
for over a year ?(1). Though civil unrest and shortages
were limited, this significant event touched us all.
Active
Shooters:
Active shooter incidents are traumatic and highly publicized
events. But, in fact, they are very rare. There are approximately one hundred
deaths per year ?(2). This is only about one fifth the
number of people be killed by accidental handgun incidents ?(3). Thus a person is five times more
likely to be killed from a gun mishap than from an active shooter.
Both
these numbers pale in comparison to other casualties like, say, automotive
deaths at about 48,000 per year ?(4) – buckle up! However, the
unpredictability, cruelty, senselessness and publicity of these events do
rattle our nerves leading us to think that more defensive arms in schools and
other venues would prevent or limit these attacks.
Car
Jackings:
Continued carjackings, often at gun point, plague or
neighborhoods. Though they do often result in stolen vehicles, fortunately,
they do not result in actual casualties.
Antisemitism: As racist hate
groups in the United States become more vocal, the Jewish population is feeling
more vulnerable. We may feel that an armed Jewish public would quell some of
this sentiment.
Hamas
Attack on Israel:
Clearly, the Hamas attack reminds us of how violent and
determined our enemies are. It is not clear how armed citizens in Maryland
would help that front.
Guns in Maryland
In recent history, the political
atmosphere in Maryland has been strongly opposed to handgun ownership. Some
laws that indicate this are
·
Requiring a Handgun Qualification License in order to
own a gun ?(5)
·
Requiring a Purchase Permit (MSP 77) before buying a
gun ?(6)
·
Limiting gun and rifle magazine sales (not ownership)
to 10 rounds ?(7)
·
Strict Concealed Carry permit requirements
·
Limiting which guns can be purchased. See here for
list ?(8).
·
Limiting where a concealed weapon can be carried ?(9). See below.
On the other hand, some recent
court decisions have impacted these laws and have made getting guns easier.
·
Governor Hogan orders State Police to suspend
“substantial reason” requirement for concealed carry permits ?(10).
·
Federal Appeals court rules Maryland’s Hand Gun
Qualification requirement unconstitutional ?(11).
The strict anti-gun stance of
Maryland and the recent relaxation of that stance has encouraged many people to
take advantage of this opportunity to arm themselves.
Legal Issues
Using a gun involves a whole host
of complex legal issues. I am not a lawyer and not qualified to give legal
advice. If you have specific questions, ask an expert. Here, I just summarize
laws from notes published by attorneys ?(14). Actual cases may involve other aspects and technical
applications of these principals. Attorney Anthony Branca’s book, The Law of
Self Defense: The Indispensable Guide to the Armed Citizen, goes into this
topic in depth.
Definition of Self Defense: If required to defend oneself in court in a case of lethal
force for self-defense, the following criteria must be met:
·
Imminent danger. Defendant was under immediate threat
of violence.
·
Reasonable belief of threat. Defendant’s assessment of
imminent danger must be consistent with what a reasonable person would conclude
in that situation.
·
Proportional response: One can only respond with
deadly force if confronted with deadly force.
·
Not the initial aggressor: The defendant cannot
generally claim self defense if he started a fight.
Duty to Retreat: Maryland requires a person to try to retreat as much as
possible from a dangerous situation. Failing to do so may undermine a
self-defense claim.
Castle Doctrine: Maryland supports the Castle Doctrine which states that one
does not have to retreat from his home and may use reasonable force to deter an
intruder.
Defense of Others: Maryland does recognize the right of someone to defend
someone else if conditions are similar to self-defense apply ?(15).
Civil Liability: Maryland does provide for some relief against law suits in
cases where one is acting in self-defense?(19).
Licenses and Permits
If you want to own a handgun in
Maryland, you need a Handgun Qualification License (HQL). This lets you keep a
gun at home and transport it, unloaded, to and from a gun range, dealer or
repair shop ?(5). Cost $50. Good for 10 years.
If you want to carry a handgun in
public you need a Handgun Wear and Carry permit, typically called a CCW below ?(9). Cost is $125. Processing time is 90 days. Good for
about three years. If you apply for a CCW, you can get an HQL in the process
without further paperwork or cost.
There is a very long list of places
where you cannot carry a handgun even
with a CCW. This list is from the Maryland State Police. It contains duplicates
since the original list has duplicates, which may be a result of subtle legal
issues. See ?(9) for important details. This might make you wonder how
useful a CCW is.
·
On school property
·
Within 1,000 feet of a demonstration in a public
place if a law enforcement officer orders the person dispose of the
firearm
·
In legislative buildings
·
Aboard aircraft
·
In lodging establishments
·
On dredge
boats, other than two 10 gauge shotguns
·
In or around
State-owned public buildings and grounds
·
On Chesapeake Forest Lands (except for hunting
and target shooting as permitted)
·
In State Forests (except for hunting and target
shooting as permitted)
·
In State Parks (except for hunting and target
shooting as permitted)
·
In State Highway Rest Areas
·
In community adult rehabilitation centers
·
In child care centers (preschools, primary and
secondary schools), except for small centers located in residences
·
In Health Care facilities
·
In public or private institution of higher education,
·
In a polling place
·
In an electric plant or electric storage facility
·
In a gas plant
·
In a nuclear power plant ?facility
·
In a location licensed to sell or dispense alcohol or
cannabis for on-site consumption
·
In a stadium
·
In a museum
·
In a racetrack
·
In a video lottery facility
·
????? In anyone else’s dwelling unless the owner has
given express permission
·
On others property, unless the owner has indicated
permission
TRUE
STORY – When I was in high school, a friend of mine visited his dentist to
investigate some pain. Quite to his surprise, the dentist found a bullet lodged
in his jaw! They were able to trace it back to a recent youth group trip which
included a hotel stay. Apparently, someone from the floor below discharged a
gun. The bullet went through the floor of the room that my friend was sleeping
in. He never felt it until sometime later.
Keeping a Gun at Home
Resolving to have a gun at home is
a very serious decision. There are several things to consider:
Kids
and Guns:
As mentioned above, about 500 people per year die in
accidental shootings, and most of them are children. Children are typically
bored, inquisitive, and amazingly resourceful at finding and getting into
trouble. Do not assume that any hiding place will provide safety for you
weapon. Note that not only weapons, but munitions as well are very dangerous.
TRUE
STORY – Don’t tell my mother! Many (many) years ago, I found my neighbor next
door playing with a large ammo round that his father had been loading in his
garage. My friend was trying to detonate it by hitting it on the back with a
hammer. I told him that he was not very smart and that I would show him how to
do it. I took a screw driver and placed it on the primer and then hit the
round. The explosion was so loud we could not hear for a good long time. We
found shrapnel up to forty feet away. It is a miracle that we were not injured
or killed. I was smart enough to know how to explode a loaded round but not
smart enough not to do it!
