Handgunlaw.us Seeking Assistance on Carrying Long Guns in Vehicles

redeemed.man · Oct 25, 2014

jkeys said:
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?

Silly you. All government agents are above the law.

By the way I believe Long gun vehicle carry is against the law in the City of Baltimore. (Local ordinance prior to state preemption)

Mark75H · Oct 25, 2014

jkeys said:
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?

You are trying to apply logic to MD law. They do not intersect.

I am 100% certain this has been settled in MD case law, regardless of the actual wording in COMAR. Once precedent is set, text be damned.

SRD · Oct 25, 2014

jkeys said:
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?

Right,because poachers always buy a license,so anyone with a loaded long gun riding around (Pratt St. being the exception) is not up to anything nefarious.I can open carry a handgun while hunting but not anywhere else.Gansler said LGOC is legal,DNR says no except while hunting.Look,I'm on your side,the law is not ( in general).If it's not illegal then it's okay only goes so far.

jkeys · Oct 25, 2014

SRD said:
Right,because poachers always buy a license,so anyone with a loaded long gun riding around (Pratt St. being the exception) is not up to anything nefarious.I can open carry a handgun while hunting but not anywhere else.Gansler said LGOC is legal,DNR says no except while hunting.Look,I'm on your side,the law is not ( in general).If it's not illegal then it's okay only goes so far.

Poachers? I guess we need to arrest you then because you have a computer and could be looking at child porn... "Beyond reasonable doubt" is an important part of the legal process for a reason.

Too many gun owners on this forum have been beaten into believing that everything and anything is illegal. I try to stay on top of the law and therefore I have spent time reading it thoroughly and come to very different conclusions than a lot of the "sky is falling" people on this forum. Until someone posts case law, I don't see how everyone can jump to the conclusion that open carry of long guns, including inside of a vehicle while not hunting could be in any way illegal.

Mark75H · Oct 25, 2014

jkeys said:
Until someone posts case law, I don't see how everyone can jump to the conclusion that open carry of long guns, including inside of a vehicle while not hunting could be in any way illegal.

Did you mean any open carry or loaded in a vehicle?

jkeys · Oct 25, 2014

Mark75H said:
Did you mean any open carry or loaded in a vehicle?

Carrying of a loaded long gun, whether inside or outside of a vehicle.

Mark75H · Oct 26, 2014

Searched and searched ... you appear to be correct.

All I can find in news reports and MDCJS records is loaded handgun, possession by prohibited person or loaded in a vehicle while hunting.

There do not seem to be any convictions or arrests for simply having a loaded long gun in a vehicle on the road in MD.

Police spokespeople have added the word "loaded" to the possession by prohibited person charges simply for emphasis, it did not make the illegal act more illegal.

jkeys · Oct 26, 2014

Mark75H said:
Searched and searched ... you appear to be correct.

All I can find in news reports and MDCJS records is loaded handgun, possession by prohibited person or loaded in a vehicle while hunting.

There do not seem to be any convictions or arrests for simply having a loaded long gun in a vehicle on the road in MD.

Police spokespeople have added the word "loaded" to the possession by prohibited person charges simply for emphasis, it did not make the illegal act more illegal.

Thank you for taking the time to look.

sgt23preston · Oct 26, 2014

My best guess is that a Police Officer would not be happy to find a loaded long gun in your car...

Unless you have a lot of money for lawyers & can take time off from work to go to court, I would strongly recommend that you carry your rifle unloaded in the trunk of your car...

Stay out of places that are unsafe & you don't belong in & you'll be fine...

Mooseman · Oct 26, 2014

I think all the bickering in this thread is the reason Gary is trying to assemble this information.

Mark75H · Oct 26, 2014

sgt23preston said:
My best guess is that a Police Officer would not be happy to find a loaded long gun in your car...

Unless you have a lot of money for lawyers & can take time off from work to go to court, I would strongly recommend that you carry your rifle unloaded in the trunk of your car...

Stay out of places that are unsafe & you don't belong in & you'll be fine... [/COLOR][/SIZE][/FONT]

There is no reason at all to put a long gun in the trunk of an attended vehicle. An officer who is going to write you up for an imaginary crime is going to write you up for an imaginary crime - maybe even 'hiding a long gun in the trunk' /color /size /font

SRD · Oct 26, 2014

Mooseman said:
I think all the bickering in this thread is the reason Gary is trying to assemble this information.

My intent was not to bicker.I carry folders full of copies of the laws and folders Damn near the same thickness with letters of the AG's "opinion".

Stoveman · Oct 26, 2014

Mooseman said:
I think all the bickering in this thread is the reason Gary is trying to assemble this information.

I think Gary might be wishing he hadn't started this thread...... :sad20:

fire_medic · Oct 26, 2014

jkeys said:
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.

AG has put out a letter saying Loaded Magazines DO NOT constitute a loaded gun.

http://www.handgunlaw.us/documents/agopinions/MDAGOpinionLoadedMagInVehicle.pdf

Mark75H · Oct 26, 2014

fire_medic said:
AG has put out a letter saying Loaded Magazines DO NOT constitute a loaded gun.

http://www.handgunlaw.us/documents/agopinions/MDAGOpinionLoadedMagInVehicle.pdf

2010 yeah, we've known that the whole time, its not news

Gary Slider · Oct 29, 2014

fire medic, Can you tell me where you found the wording you posted. I can't find that wording. What I found in the hunting regs is almost the same but worded different. http://www.eregulations.com/maryland/hunting/general-hunting-regulations/

You Posted

(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.

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