Handgunlaw.us Seeking Assistance on Carrying Long Guns in Vehicles

Gary Slider · Oct 25, 2014

www.handgunlaw.us is seeking assistance in cataloging all the states laws/regs on keeping a long gun in a vehicle all the time. Due to what is happening in the world and here at home I am seeing the question more and more about carrying a long gun in a vehicle all the time. What just happened in Canada got me 5 emails on the day it happened and at least one every days since about Long Guns in Vehicles. Loaded/Unloaded. Cased/Uncased. Trunk or back of vehicle or anywhere in the vehicle or not allowed etc etc. Information people would need to stay within the law in their state or a state they travel to with a long gun in their vehicle. Sad to say but it is us good guys/gals that only obey the law but we have to know what they are to stay within them.

All this info will be assembled and put into one document for all the states. It will be available free for anyone who wishes to view the information. There is no more knowledgeable people to ask than those who live and use firearms in their home state is the reason I am asking this on a lot of different state specific Firearm Forums.

The laws/Administrative Rules Laws on Long Guns can be almost non-existent or spelled out completely. Many times they can be found in the hunting laws. If you could assist Handgunlaw.us with the alpha/numeric code for a state statute or Administrative Rule or a link to the states hunting laws that spell out the states stance on carrying long guns in vehicles it would be greatly appreciated. I have to have something official from a state agency. I would appreciate an email with the info sent to admins@handgunlaw.us as I can miss PM’s etc if possible.

This will takes a few months to gather all this info and catalog it as I have to check everything out. I will post a link to the finished document on every Firearm Forum that I post this request on. That link will also be added to www.handgunlaw.us Thank you for your time and assistance. Handgunlaw.us is what it is because of all the assistance I get from those who give me a heads up on law changes and help me in so many different ways to keep Handgunlaw.us up to date.

mgbill · Oct 25, 2014

Check out the info available from the NRA.

http://www.nraila.org/gun-laws/state-laws.aspx

LCPIWB · Oct 25, 2014

As the above NRA link does not answer the OP's question.

Long guns in vehicle as long as they are unloaded. I will try to find the statute and update.

jkeys · Oct 25, 2014

LCPIWB said:
As the above NRA link does not answer the OP's question.

Long guns in vehicle as long as they are unloaded. I will try to find the statute and update.

Open carry of long guns is legal, so they don't have to be unloaded in the car. It is illegal to hunt from a car, but nowhere in Maryland's firearm legislation does it ban loaded long guns while not hunting.

Edit: I just went back to make sure I was correct and I can confirm that I found nothing in MD criminal code that regulates the transportation of long guns, loaded or unloaded (inlcuding "assault weapons" as long as you are the legal owner). The sole exception is that hunting from a vehicle is illegal, so if you are on land that allows hunting with your long gun, you can still get nailed by the game wardens, though they would still need to prove in court that you were intending to hunt from your vehicle.

Threeband · Oct 25, 2014

jkeys said:
Open carry of long guns is legal, so they don't have to be unloaded in the car. ....

1000 times NO!

They have to be unloaded in the car. Not even considering special DNR restrictions, to my knowledge (caveat lesor), it is always illegal to transport a loaded long gun.

Also, "Open Carry of Long guns" is pretty much a legal fiction, for all intents and purposes. There has been a lot of discussion of pushing the point, by getting someone to be the test case, but you should be pretty sure of legal hassles if you try it. (Although I used to do it back oin the 70s.)

SRD · Oct 25, 2014

Threeband said:
They have to be unloaded in the car.

DNR has their own set of rules.Can't look them up right now though.

jkeys · Oct 25, 2014

Threeband said:
1000 times NO!

They have to be unloaded in the car. Not even considering special DNR restrictions, to my knowledge (caveat lesor), it is always illegal to transport a loaded long gun.

Also, "Open Carry of Long guns" is pretty much a legal fiction, for all intents and purposes. There has been a lot of discussion of pushing the point, by getting someone to be the test case, but you should be pretty sure of legal hassles if you try it. (Although I used to do it back oin the 70s.)

Unless you can find the law that says that, you are 100% incorrect. Please prove me wrong. I just spent a lot of time combing through the criminals law to make sure I wasn't missing anything.

Also, open carry of long guns is 100% legal. Is it smart, hell no! You are likely to take a bullet from a cop before they even ask questions. However, what is law and what is smart are two different things. This discussion is about what the law actually says (or doesn't say).

jkeys · Oct 25, 2014

SRD said:
DNR has their own set of rules.Can't look them up right now though.

DNR does not have jurisdiction while you are driving around on public roads not involved in the act of hunting. It's MD criminal law you need to concern yourself with. However, this is the DNR regulation which I did mention above (illegal to hunt from a vehicle).

(c) Hunting from vehicles. --

(1) A person may not shoot at any species of wildlife from an automobile or other vehicle or, except as provided in § 4-203(b) of the Criminal Law Article and Title 5, Subtitle 3 of the Public Safety Article, possess in or on an automobile or other vehicle a loaded handgun or shotgun, or a rifle containing any ammunition in the magazine or chamber.

(2) If this subsection is violated by an occupant of a vehicle which has 2 or more occupants and it cannot be determined which occupant is the violator, the owner of the vehicle, if present, shall be presumed to be responsible for the violation. In the absence of the owner of the vehicle, the operator of the vehicle shall be presumed to be responsible for the violation.

(3) Provisions of this subsection do not apply to a disabled person who obtains a special permit under § 10-307 of this title.

The 4-203(b) code referenced in the DNR regulation is code on defining lawful/unlawful transport of hand guns. It never mentions long guns.

SRD · Oct 25, 2014

Not looking for the statute,but to paraphrase; "Unlawfull to have a loaded weapon in,on or leaning against a motor vehicle.This includes ammo in a magazine or blackpowder able to fire".

Mooseman · Oct 25, 2014

jkeys said:
DNR does not have jurisdiction while you are driving around on public roads not involved in the act of hunting.

Many years ago I received a speeding ticket from DNR Police on I-68. I don't know if things have changed since then. At the speed I was traveling, I was clearly not involved in the act of hunting.

Applehd · Oct 25, 2014

jkeys said:
DNR does not have jurisdiction while you are driving around on public roads not involved in the act of hunting.

You may want to check your facts. The jurisdiction of the Md. DNR is MARYLAND. All of it.

Damn Mooseman... you type faster than me...

SRD · Oct 25, 2014

Mooseman said:
Many years ago I received a speeding ticket from DNR Police on I-68. I don't know if things have changed since then. At the speed I was traveling, I was clearly not involved in the act of hunting.

Applehd said:
You may want to check your facts. The jurisdiction of the Md. DNR is MARYLAND. All of it.

Damn Mooseman... you type faster than me...

DNR is probably the most powerful LE agency in the state. :thumbsup:

Mark75H · Oct 25, 2014

Applehd said:
You may want to check your facts. The jurisdiction of the Md. DNR is MARYLAND. All of it.

Damn Mooseman... you type faster than me...

My best friend from middle school spent 30+ years in the DNR ... he told me more than once the only thing that limited them (as far as enforcing any MD COMAR law) was having the particular paperwork with them in the car to write the citation, whether it was traffic, fire marshall, DLLR, etc

Some carry the MD standard traffic citation books, others don't bother; its up to the individual DNR cop.

Edit: if you think a Trooper isn't going to get you for the same thing because he can't quote the reg from COMAR ... its only a radio or cell phone call away to get the specs. You'll be sitting in your car waiting while he's getting it (or having the DNR car show up to take over).

Mark75H · Oct 25, 2014

SRD said:
DNR is probably the most powerful LE agency in the state.

Also possibly the most trained. Not all MSP have water rescue and full CPR training like DNR does. MSP assumes other rescue responders are only a very few minutes away ... DNR assumes it may be an hour or more before anyone else can get on site (whether its out on a boat near Smith Island or out in the hills in western Garrett County) and are trained accordingly.

jkeys · Oct 25, 2014

SRD said:
Not looking for the statute,but to paraphrase; "Unlawfull to have a loaded weapon in,on or leaning against a motor vehicle.This includes ammo in a magazine or blackpowder able to fire".

Yes, which is the code I quoted above from " 10-410. Restrictions on hunting wildlife generally," and more specifically, "Hunting from vehicles." Unless you are involved in the act of hunting, I don't see how this law could apply.

Applehd · Oct 25, 2014

... and with any luck, No. 1 son will be in the next class... fingers crossed.

redeemed.man · Oct 25, 2014

jkeys said:
Yes, which is the code I quoted above from " 10-410. Restrictions on hunting wildlife generally," and more specifically, "Hunting from vehicles." Unless you are involved in the act of hunting, I don't see how this law could apply.

Dougie Gansler said it applies in an AG opinion. FWIW, I disagree with Gansler and agree with you.

Mooseman · Oct 25, 2014

Applehd said:
... and with any luck, No. 1 son will be in the next class... fingers crossed.

Wish him luck for me. I hear that is a great gig.

SRD · Oct 25, 2014

jkeys said:
Yes, which is the code I quoted above from " 10-410. Restrictions on hunting wildlife generally," and more specifically, "Hunting from vehicles." Unless you are involved in the act of hunting, I don't see how this law could apply.

Who determines if you/I are involved in the act of hunting?At any time of the year there is something in season.If a DNR officer wanted to be a p r--k he could nail anyone with a flashlight or highbeams if there was a field near by.

jkeys · Oct 25, 2014

SRD said:
Who determines if you/I are involved in the act of hunting?At any time of the year there is something in season.If a DNR officer wanted to be a p r--k he could nail anyone with a flashlight or highbeams if there was a field near by.

They would have to prove in court, beyond reasonable doubt that your intention was to hunt. If you don't have a hunting llicense and are driving down Pratt St. in Baltimore, the only thing you could possibly be hunting is crack heads. Also note, the law makes no exception for armored van companies, police offices, security personnel, etc. The only exemptions carved out are for police or permit holders with HANDGUNS, not long guns. So are all of our police breaking the law every day?

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