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Old May 17th, 2012, 01:21 PM   #1
NJisAhellHOLE
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Long Guns In Vehicles..

Hey guys, I'm sorry if I posted this in the wrong section but I coudn't find an area for law discussion

I'm from NJ (one of the VERY few places worse to live as a firearms enthuiest then MD)

I'm heading down to Ocean City this weekend for the carshow. I know traveling with handguns in MD (like NJ) is strictly regulated and prohibited but I'm curious about long guns...

Basically what I would like to do is throw my loaded, uncased, converted Saiga (.223 with 15 round mags) Behind the backseat in my truck and forget about it. I'm getting conflicting info as to the legality of that and I'm hoping perhaps you fine gentlemen can clear that up for me.

Also, trying to find out that same info for DE (as I'll be driving through there on the way) I do have a UT ccw permit that is valid there but I believe at least with handguns that they must be openly visible while in the vehicle. No clue on long guns (just to clarify, I have no intention of bringing any handguns)

I appreciate any info you can give me, and I'm sorry if this was covered before (I'm sure it has) but I couldn't find anything with the search feature

A sincere thanks from your fellow oppressed gun owner
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Old May 17th, 2012, 01:25 PM   #2
Inigoes
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Loaded long guns are a no-no.

Best to follow the FOPA, since you're interstate.
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Old May 17th, 2012, 01:26 PM   #3
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As far as I know in MD to transport any kind of guns in a vehicle they must be inside a case, unloaded, and the ammo must be kept in a seperate part of the vehicle from the guns.


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Old May 17th, 2012, 01:28 PM   #4
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Quote:
Originally Posted by Inigoes View Post
Loaded long guns are a no-no.

Best to follow the FOPA, since you're interstate.
Quote:
Originally Posted by WeaponsCollector View Post
As far as I know in MD to transport guns in a vehicle they must be inside a case, unloaded, and the ammo must be kept in a seperate part of the vehicle from the guns.

Appreciate the info guys, FOPA would only apply in DE as MD is my final destination. I got some information online saying that the above only applies to handguns...glad I checked here. Boy how I love having my rights trampled.

Is it true that open carry of loaded long arms is legal? I have no intention to do so but it was one of the things that came up when I was searching..
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Old May 17th, 2012, 01:30 PM   #5
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Quote:
Originally Posted by WeaponsCollector
As far as I know in MD to transport any kind of guns in a vehicle they must be inside a case, unloaded, and the ammo must be kept in a seperate part of the vehicle from the guns.
That's incorrect for MD law. Check the long gun carry thread.
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Old May 17th, 2012, 01:31 PM   #6
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Originally Posted by WeaponsCollector View Post
As far as I know in MD to transport any kind of guns in a vehicle they must be inside a case, unloaded, and the ammo must be kept in a seperate part of the vehicle from the guns.
Only regulated

I ride around and have been stopped by msp and local with a rifle (700) uncased on my passenger seat during deer season (unloaded be ammo on same seat) and never been asked anything other than is it loaded.


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Old May 17th, 2012, 01:31 PM   #7
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Quote:
Originally Posted by NJisAhellHOLE View Post
Appreciate the info guys, FOPA would only apply in DE as MD is my final destination.

Is it true that open carry of loaded long arms is legal? I have no intention to do so but it was one of the things that came up when I was searching..
Also, in order to transport guns in your car in Maryland don't you have to be going to a gun show, gun shop, or a shooting range?
The MD AG made a statement saying open carry of long guns is OK BUT you may still get arrested anyway and be forced to prove it in court if you do.


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Old May 17th, 2012, 01:32 PM   #8
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Quote:
Originally Posted by Inigoes View Post
That's incorrect for MD law. Check the long gun carry thread.
I couldn't find a thread with that title..any chance you could provide a link?

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Originally Posted by justsand View Post
Only regulated

I ride around and have been stopped by msp and local with a rifle (700) uncased on my passenger seat during deer season (unloaded be ammo on same seat) and never been asked anything other than is it loaded.
Is it a hunting only kind of deal?
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Old May 17th, 2012, 01:32 PM   #9
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Quote:
Originally Posted by NJisAhellHOLE
Is it true that open carry of loaded long arms is legal? I have no intention to do so but it was one of the things that came up when I was searching..
Don't believe everything the AG says in court.

There is a minefield of grandfathered anti-2A ordinances.
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Old May 17th, 2012, 01:32 PM   #10
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Quote:
Originally Posted by NJisAhellHOLE View Post
Appreciate the info guys, FOPA would only apply in DE as MD is my final destination. I got some information online saying that the above only applies to handguns...glad I checked here. Boy how I love having my rights trampled.

Is it true that open carry of loaded long arms is legal? I have no intention to do so but it was one of the things that came up when I was searching..
being one of them "EVIL" rifle.. and in OC. expect to be stopped by LEO if seen open carrying. just saying.


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Old May 17th, 2012, 01:34 PM   #11
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Originally Posted by lx1x View Post
being one of them "EVIL" rifle.. and in OC. expect to be stopped by LEO if seen open carrying. just saying.
it's an NJ neutered "evil" rifle lol. I don't ever plan on OCing anything unless maybe I'm hiking.. I'm just curious how the MD laws compare to NJ
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Old May 17th, 2012, 01:34 PM   #12
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I couldn't find a thread with that title..any chance you could provide a link?
http://www.mdshooters.com/showthread.php?t=54444
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Old May 17th, 2012, 01:35 PM   #13
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Thanks bud.
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Old May 17th, 2012, 01:38 PM   #14
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So, from reading the law quote on the opening page of that thread it would lead me to believe that carrying a loaded long gun is legal.

or so I think?.. I love confusing 2A laws.. NJ is chuck full of them
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Old May 17th, 2012, 01:38 PM   #15
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Quote:
Originally Posted by NJisAhellHOLE View Post
it's an NJ neutered "evil" rifle lol. I don't ever plan on OCing anything unless maybe I'm hiking.. I'm just curious how the MD laws compare to NJ
not as bad.. but in MDlanders eyes.. its about the same..


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Old May 17th, 2012, 01:39 PM   #16
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Originally Posted by NJisAhellHOLE View Post
So, from reading the law quote on the opening page of that thread it would lead me to believe that carrying a loaded long gun is legal.

or so I think?.. I love confusing 2A laws.. NJ is chuck full of them
Make Sure to read the AG's response to Long gun carry.
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Old May 17th, 2012, 01:40 PM   #17
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Only regulated

I ride around and have been stopped by msp and local with a rifle (700) uncased on my passenger seat during deer season (unloaded be ammo on same seat) and never been asked anything other than is it loaded.
Transport restrictions only apply to handguns.

Quote:
TITLE 4. WEAPON CRIMES
SUBTITLE 2. HANDGUNS
Md. CRIMINAL LAW Code Ann. 4-203 (2012)
4-203. Wearing, carrying, or transporting handgun


(a) Prohibited. --

(1) Except as provided in subsection (b) of this section, a person may not:

(i) wear, carry, or transport a handgun, whether concealed or open, on or about the person;

(ii) wear, carry, or knowingly transport a handgun, whether concealed or open, in a vehicle traveling on a road or parking lot generally used by the public, highway, waterway, or airway of the State;

(iii) violate item (i) or (ii) of this paragraph while on public school property in the State; or

(iv) violate item (i) or (ii) of this paragraph with the deliberate purpose of injuring or killing another person.

(2) There is a rebuttable presumption that a person who transports a handgun under paragraph (1)(ii) of this subsection transports the handgun knowingly.

(b) Exceptions. -- This section does not prohibit:

(1) the wearing, carrying, or transporting of a handgun by a person who is on active assignment engaged in law enforcement, is authorized at the time and under the circumstances to wear, carry, or transport the handgun as part of the person's official equipment, and is:

(i) a law enforcement official of the United States, the State, or a county or city of the State;

(ii) a member of the armed forces of the United States or of the National Guard on duty or traveling to or from duty;

(iii) a law enforcement official of another state or subdivision of another state temporarily in this State on official business;

(iv) a correctional officer or warden of a correctional facility in the State;

(v) a sheriff or full-time assistant or deputy sheriff of the State; or

(vi) a temporary or part-time sheriff's deputy;

(2) the wearing, carrying, or transporting of a handgun by a person to whom a permit to wear, carry, or transport the handgun has been issued under Title 5, Subtitle 3 of the Public Safety Article;

(3) the carrying of a handgun on the person or in a vehicle while the person is transporting the handgun to or from the place of legal purchase or sale, or to or from a bona fide repair shop, or between bona fide residences of the person, or between the bona fide residence and place of business of the person, if the business is operated and owned substantially by the person if each handgun is unloaded and carried in an enclosed case or an enclosed holster;

(4) the wearing, carrying, or transporting by a person of a handgun used in connection with an organized military activity, a target shoot, formal or informal target practice, sport shooting event, hunting, a Department of Natural Resources-sponsored firearms and hunter safety class, trapping, or a dog obedience training class or show, while the person is engaged in, on the way to, or returning from that activity if each handgun is unloaded and carried in an enclosed case or an enclosed holster;

(5) the moving by a bona fide gun collector of part or all of the collector's gun collection from place to place for public or private exhibition if each handgun is unloaded and carried in an enclosed case or an enclosed holster;

(6) the wearing, carrying, or transporting of a handgun by a person on real estate that the person owns or leases or where the person resides or within the confines of a business establishment that the person owns or leases;

(7) the wearing, carrying, or transporting of a handgun by a supervisory employee:

(i) in the course of employment;

(ii) within the confines of the business establishment in which the supervisory employee is employed; and

(iii) when so authorized by the owner or manager of the business establishment;

(8) the carrying or transporting of a signal pistol or other visual distress signal approved by the United States Coast Guard in a vessel on the waterways of the State or, if the signal pistol or other visual distress signal is unloaded and carried in an enclosed case, in a vehicle; or

(9) the wearing, carrying, or transporting of a handgun by a person who is carrying a court order requiring the surrender of the handgun, if:

(i) the handgun is unloaded;

(ii) the person has notified the law enforcement unit, barracks, or station that the handgun is being transported in accordance with the court order; and

(iii) the person transports the handgun directly to the law enforcement unit, barracks, or station.

(c) Penalty. --

(1) A person who violates this section is guilty of a misdemeanor and on conviction is subject to the penalties provided in this subsection.

(2) If the person has not previously been convicted under this section, 4-204 of this subtitle, or 4-101 or 4-102 of this title:

(i) except as provided in item (ii) of this paragraph, the person is subject to imprisonment for not less than 30 days and not exceeding 3 years or a fine of not less than $ 250 and not exceeding $ 2,500 or both; or

(ii) if the person violates subsection (a)(1)(iii) of this section, the person shall be sentenced to imprisonment for not less than 90 days.

(3) (i) If the person has previously been convicted once under this section, 4-204 of this subtitle, or 4-101 or 4-102 of this title:

1. except as provided in item 2 of this subparagraph, the person is subject to imprisonment for not less than 1 year and not exceeding 10 years; or

2. if the person violates subsection (a)(1)(iii) of this section, the person is subject to imprisonment for not less than 3 years and not exceeding 10 years.

(ii) The court may not impose less than the applicable minimum sentence provided under subparagraph (i) of this paragraph.

(4) (i) If the person has previously been convicted more than once under this section, 4-204 of this subtitle, or 4-101 or 4-102 of this title, or of any combination of these crimes:

1. except as provided in item 2 of this subparagraph, the person is subject to imprisonment for not less than 3 years and not exceeding 10 years; or

2. A. if the person violates subsection (a)(1)(iii) of this section, the person is subject to imprisonment for not less than 5 years and not exceeding 10 years; or

B. if the person violates subsection (a)(1)(iv) of this section, the person is subject to imprisonment for not less than 5 years and not exceeding 10 years.

(ii) The court may not impose less than the applicable minimum sentence provided under subparagraph (i) of this paragraph.

HISTORY: An. Code 1957, art. 27, 36B(b), (c); 2002, ch. 26, 2; 2003, ch. 17; ch. 21, 1; 2004, ch. 25; 2005, ch. 482; 2010, ch. 712; 2011, ch. 65.

Md. CRIMINAL LAW Code Ann. 4-203


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Old May 17th, 2012, 01:42 PM   #18
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Good, so it would appear that it is legal

Can someone shed some light on the restricted vs non-restricted long gun business?

From what I can read online it seem that municapalities can write laws restricting non-restricted guns (talk about a tung twister) but they have no power over "restricted" ones...
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Old May 17th, 2012, 01:44 PM   #19
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Make Sure to read the AG's response to Long gun carry.

I did and I don't believe I'll be at/in and restricted areas... If thats what you're referring to.
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Old May 17th, 2012, 01:47 PM   #20
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I did and I don't believe I'll be at/in and restricted areas... If thats what you're referring to.
That's good.

Take note of the innkeeper COMAR, if you are staying at a hotel.
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