Keeping a hundgun at work (with a twist)

[40twist]

I have a question for someone. I work in Baltimore and was wondering if it is legal to keep a handgun at my shop concealed on me and or locked in my toolbox ? I looked into the lasw and if i am reading them correctly as long as my boss knows and is ok with it I may. Here is a paste of whaqt I found , am I correct on this issue?


"It is unlawful for any person without a permit to wear or carry a handgun, openly or concealed, upon or about his person, or to knowingly transport a handgun in any vehicle traveling on public roads, highways, waterways or airways or upon roads or parking lots generally used by the public. This does not apply to any person wearing, carrying or transporting a handgun within the confines of real estate owned or leased by him, or on which he resided, or within the confines of a business establishment owned or leased by him. [3]"


and here are the subnotes #3 is the reference.


"Notes:

1 If a person has spent more than 30 consecutive days in any institution for treatment of a mental disorder, he must provide a physician's certificate certifying that he is capable of possessing a handgun.
2 Most Maryland dealers who are licensed by the State Police routinely await approval from the State Police even after seven days have elapsed.
3 A supervisory employee also may wear, carry or transport a handgun within the confines of a business establishment in which he is employed while he is acting in the course of his employment and if he has been authorized to do so by the owner or manager.
4 An enclosed holster is any holster with a flap or strap to secure the handgun in the holster.
5 This provision affords the Secretary wide discretion to grant or deny permits. Although originally drafted to guarantee that self-defense would not be excluded as a good and substantial reason, the language presently is interpreted by the law enforcement authorities to require a demonstration of "apprehended danger" as a prerequisite for issuance of the permit."

[Adam-12]

I am certainly not a lawyer!

But the statute you quote says, "owned or leased by him." Maryland is a "may issue" state, and most sheriffs are reputedly pretty anti-gun, so I'd expect them to argue that you weren't the owner or lessee. I'd bet you can get away with it, with the owner's permission, on the grounds that: HE is the owner or lessee; and you, as his employee, are his agent.

But for that to stick, I'd suspect you need more than a wink and a nod from your boss. If you ever used a firearm on his premisses, all you'd need to get jammed up good is for him to deny knowing anything about it. You probably need written permission at the very least. It wouldn't hurt if the employee handbook said something about it as well, and even better if it were worked into your job description somehow.

Another potential complication is if the place of work is a "place of public accommodation." I bet that, law notwithstanding, if you carried concealed in a hotel, restaurant or store, the authorities could come up with a reason to make trouble for you.

I'd check with a lawyer before I carried at work in MD.

[40twist]

but thats why I posted the subnotes read #3

[Adam-12]

but thats why I posted the subnotes read #3

It still leaves concerning wiggle room for the prosecutor: you need to be a "supervisory" employee, and you need "authorization." I'm positive the authorization needs to be written, or you're in trouble. And your employer must also be willing to testify that your position is "supervisory." Even then, a prosecutor might dispute that if, for example, you don't have any underlings.

[Zef_66]

I think the Note covers wearing the handgun while at work. Or having it on the property. But it does not cover the transportation to and from.

Unless you plan to transport it unloaded, and locked in a case via Federal Law governing transportation of firearms claiming you are legally allowed to posses the gun at your destination (work).

[40twist]

well I am the manager and am there alot by myself at nights too... authorization/permission is not a problem. I will ask around some more though. I handle the deposits also so even though it is a huge hassle to acquire maybe I will work towards getting a MD permit.

[Zef_66]

well I am the manager and am there alot by myself at nights too... authorization/permission is not a problem. I will ask around some more though. I handle the deposits also so even though it is a huge hassle to acquire maybe I will work towards getting a MD permit.

I doubt you will be able to get an MD permit.

[chrisjames_71]

Maryland is a "may issue" state, and most sheriffs are reputedly pretty anti-gun, so I'd expect them to argue that you weren't the owner or lessee.

What does a sheriff have to do with any of this?

I handle the deposits also so even though it is a huge hassle to acquire maybe I will work towards getting a MD permit.

You can try, but it pretty much isn't going to happen. Though I do know of one guy who got a permit cause he handled large deposits from work. I think they restricted the permit though. I know ex cops and ex co who were denied in MD.

[Adam-12]

What does a sheriff have to do with any of this?

I said "sheriff" mistakenly, b/c I live in PA where permits are handled through the sheriff's office. Apparently the state police issue permits in MD, and they're also probably the ones who will arrest the OP if they see him with a gun.

[40twist]

I said "sheriff" mistakenly, b/c I live in PA where permits are handled through the sheriff's office. Apparently the state police issue permits in MD, and they're also probably the ones who will arrest the OP if they see him with a gun.

More likely the Baltimore city police as thats where I am at and rarely see a state trooper , lots of em in Harford Co though... but have no fear because I never said I had a gun

Yeh MD sux thats for sure... A few Tow Truck drivers I know have permits but its a nightmare to get one.
It sure would be nice if they got reciprocity but I guess people are different when they cross over that border