How to transport a pistol to the range on motorcycle?

Straightshooter · Mar 10, 2014

rbird7282 said:
Really? Then why do we have people who have been pulled over, admitted they had a handgun in a backpack while riding, not been arrested and charged with a felony?
If they are transporting with firearm and ammo in separate compartments of a backpack while on a motorcycle then they are within the law as it is written.

If you are transporting a handgun IN A BOX OR ENCLOSED HOLSTER in the backpack you good to go. Again, the ammo is NOT required to be in a separate compartment. The key is in the way the gun is contained. If you simply toss your 1911 in your pack, good luck in court.

Straightshooter · Mar 10, 2014

Name Taken said:
There's a lot of fail here.

The law is a misd. and you didn't cite it correctly.

I did get the Misdomeanor wrong, but look at the penalty. Same result.

Nope! OP made no mention of boxing or holstering. Without one of those methods, you are carrying. Do that without a CCW and good luck.

PS I was headed to post the section but someone else put it up before I got back.

Straightshooter · Mar 10, 2014

fred333 said:
My understanding is that, at least re transportation of firearms, federal law trumps state law. This is to reduce the confusion that multiple state laws would cause while driving across state lines.

Your understanding would be wrong. MD law covers transporting within the state. FOPA comes into play when transporting to and through other states.

fred333 · Mar 10, 2014

Straightshooter said:
Your understanding would be wrong. MD law covers transporting within the state. FOPA comes into play when transporting to and through other states.

According to MD law (quoted a few posts above), it sounds like I can transport the pistol to/from a range in my backpack as long as it's in a closed case. Does that sound right?

Name Taken · Mar 10, 2014

So a container is not a backpack? Gotcha.

Do you have case law to support this or just your thoughts?

Straightshooter · Mar 10, 2014

fred333 said:
According to MD law (quoted a few posts above), it sounds like I can transport the pistol to/from a range in my backpack as long as it's in a closed case. Does that sound right?

Yep, it's as simple as that.

rdc · Mar 10, 2014

Straightshooter said:
If you are transporting a handgun IN A BOX OR ENCLOSED HOLSTER in the backpack you good to go. Again, the ammo is NOT required to be in a separate compartment. The key is in the way the gun is contained. If you simply toss your 1911 in your pack, good luck in court.

Fair enough and I should have put it in my response that I always put my handguns in a padded pistol, sleeve (car or MC). If the op is really sweating it run a cable lock through it also.
And for what it's worth if you do throw it in a saddle bag or top case you still need to be careful. I've seen lots of people lose stuff out of bike mounted bags including firearms. Depending on the design of the bag they bpcan sometime open and dump the contents or come off the bike altogether.

Straightshooter · Mar 10, 2014

Name Taken said:
So a container is not a backpack? Gotcha.

Do you have case law to support this or just your thoughts?

Grabbing at straws will get you nothing more than a pile of straws. MD law ( posted above) states enclosed holster or box. It does not say "container" or backpack. Go with your gut.

fred333 · Mar 10, 2014

rdc said:
And for what it's worth if you do throw it in a saddle bag or top case you still need to be careful. I've seen lots of people lose stuff out of bike mounted bags including firearms. Depending on the design of the bag they bpcan sometime open and dump the contents or come off the bike altogether.

I've been carrying stuff in a backpack on the same bike since the mid-70s and haven't lost anything yet. Still, a good point.

Name Taken · Mar 10, 2014

Straightshooter said:
Grabbing at straws will get you nothing more than a pile of straws. MD law ( posted above) states enclosed holster or box. It does not say "container" or backpack. Go with your gut.

It's an enclosed case....nothing about it being a box.

It's semantics but at the end of the day 1/2 your post was wrong. I'd agree it's best to keep it in the box the gun came in or an enclosed holster...enclosed to me reads it needs a snap and not some of these open top Kydex jobs but again...that's interpretation and I wont cite it as law like others here do.

The law isn't 100% as it doesn't define "case"...but being enclosed in a backpack may very well meet the lose criteria. Best to consult an attorney when you get into legal definitions though.

Straightshooter · Mar 10, 2014

Semantics can cost a lot of money. Next time you see a sale on a good "back CASE" let me know. If you want to know what the AGs interpretation of an enclosed holster is, you might want to search it.

fred333 · Mar 10, 2014

Thanks, guys!

Name Taken · Mar 10, 2014

So a case inside a back pack is okay? I thought that would be illegal according to you since it's on his persons?

rdc · Mar 10, 2014

fred333 said:
I've been carrying stuff in a backpack on the same bike since the mid-70s and haven't lost anything yet. Still, a good point.

In 20 years I haven't either but I've seen it a fair amount. Side loading BMW cases are the worst.

fred333 · Mar 10, 2014

Side-loading anything on a bike is an accident waiting to happen. And, anyway, I drive a Yamaha....

Straightshooter · Mar 10, 2014

fred333 said:
Side-loading anything on a bike is an accident waiting to happen. And, anyway, I drive a Yamaha....

That's OK, you'll get a real bike some day

fred333 · Mar 10, 2014

If/when the Yamaha dies, I might consider another Harley (previous bike was a Sportster). But, after nearly 40 mostly trouble-free years together, I 'spect I'll be sticking with the Yamaha.

MightyWarMonger · Mar 10, 2014

G.P.S Gunner bag pistols and ammo go in separate compartments in one bag easy problem solved /thread. also why would you need to tell a peace officer your carrying a fire arm because you were stopped over a quasi crime? just seems to invite more trouble unnecessarily if asked I would then explain im on my way to a range and do have firearms otherwise its license, registration, & proof of insurance.

NateIU10 · Mar 10, 2014

fred333 said:
The range I habit requires you to purchase all the ammo from there and use it at their range. So ammo's not part of the equation.

From all of the above, it sounds like common practice to carry the pistol in a backpack. Although it may not be legally required, it's probably also a good idea to remove the magazine from the frame and pack it separately within the backpack. Does that sound reasonable?

A "loaded firearm" has been defined in MD Court cases to include a firearm with loaded magazine inserted into the frame, regardless of whether a round is in the chamber. To transport the firearm unloaded, remove the magazine from the frame.

Straightshooter said:
Range rules have no bearing in this discussion. What matters is the Maryland law on transporting firearms and for carrying concealed on or about your person. If you put a handgun in a backpack YOU ARE CARRYING ON OR ABOUT YOUR PERSON. Do that without a permit and you're committing a felony. Get convicted and loose all your rights to own a firearm. Put your gun I'm a holster or box and ammo in a saddlebag and you're good to go.

The exception posted above is an exception, allowing a person to carry a handgun on or about their person if done in a certain manner (in an enclosed case or holster and unloaded and going to an enumerated place.)

Straightshooter said:
Grabbing at straws will get you nothing more than a pile of straws. MD law ( posted above) states enclosed holster or box. It does not say "container" or backpack. Go with your gut.

I am still trying to figure out why you think a zipped backpack is not, in of itself, an enclosed container within the purview of the law?

Straightshooter · Mar 10, 2014

NateIU10 said:
A "loaded firearm" has been defined in MD Court cases to include a firearm with loaded magazine inserted into the frame, regardless of whether a round is in the chamber. To transport the firearm unloaded, remove the magazine from the frame.

The exception posted above is an exception, allowing a person to carry a handgun on or about their person if done in a certain manner (in an enclosed case or holster and unloaded and going to an enumerated place.)

I am still trying to figure out why you think a zipped backpack is not, in of itself, an enclosed container within the purview of the law?

First of all the law does not say "container'. If found to be in violation of this section, it won't matter if it is loaded or not. If you feel that a backpack fits the intent of the law, then hey, go for it.

How to transport a pistol to the range on motorcycle?

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