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Old February 4th, 2009, 07:35 AM   #1
novus collectus
 
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Loaded handgun in house boat or RV in MD

Ok, this is a question that has been addressed before, but I think I finally figured the puzzle out. You are not allowed to have a loaded handgun when travelling on the the public highways or waterways of the state, and you are only allowed to transport an unloaded handgun when travelling to certain locations or purposes like between bonafide residences.
Well how about this, and I don't know why I did not think of this before, wherever your house boat ot RV stops that you are going to sleep, especially if you rent the spot for your RV, you are 1) no longer travelling, and 2) you have established a residence for even just a night.
The way I see it, it has to be in an enclosed case or holster when moving, but when stopped, parked or anchored, you can have it loaded. [I am not a lawyer]

Quote:
Article - Criminal Law

4-203.

(a) (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;
Quote:
(b) This section does not prohibit:...

....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;
So does anyone think this is worth a letter to the AG to find out?
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Old February 4th, 2009, 07:40 AM   #2
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I would think so. It obviously depends on what they term a "residence." I'd imagine that in a situation like a paid RV parking spot (or unpaid, for that matter) it might be subject to consent of the property owner.
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Old February 4th, 2009, 07:44 AM   #3
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Novus...congrats on 10Ks posts!!!

I'd first contact your state's attorneys office and see how they interpret it. Good question, I think the issue is if the RV/house boat is your primary residence. If its considered a recreation vehicle it would raise doubts but its your primary residence. Call and see what they say?


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Old February 4th, 2009, 08:09 AM   #4
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There is a certain amount of nights one must spend aboard a boat before it is allowable as a second residence for tax purposes. I'm sure this varies from state to state but I know the lowest number I've seen was 12 nights which might have been MD law.

The vessel also has to have other amenities such as a galley an enclosed head and sleeping quarters. This info is probably buried in tax code somewhere.....

And yes, you would have to be docked (possibly anchoring is allowable) to allow the loaded handgun. Vessels underway are treated mostly like cars on the road I believe. I'm sure JoppaJ can help out with this.
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Old February 4th, 2009, 08:11 AM   #5
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Originally Posted by Boondock Saint View Post
I would think so. It obviously depends on what they term a "residence." I'd imagine that in a situation like a paid RV parking spot (or unpaid, for that matter) it might be subject to consent of the property owner.
I assume it is not about consent. I would think there would have to be something written in the law addressing it for that to be true because I have a feeling it is not a part of common law. I would assuming consent or prohibition on their part would affect the law other than allowing them to kick you off their property for violating a rule and if they do not prohiobit it, then that is by default a consent.
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Novus...congrats on 10Ks posts!!!

I'd first contact your state's attorneys office and see how they interpret it. Good question, I think the issue is if the RV/house boat is your primary residence. If its considered a recreation vehicle it would raise doubts but its your primary residence. Call and see what they say?
It is njot "primary" residence, it is "bona fide" residence. The law says you can have more than one bona fide residence and so we know it is not talking about two primary residnces because you can only have one primary residence.
As has been discussed here before, if you pay a rent and you are sleeping there, then you are paying a lease and likely is a residence. For instance, if you are leasing a hotel room, the police cannot search it without a warrant because it is like a residence or is an actual residence. So as I see it you can have a loaded handgun in a hotel room too. Now whether or not this counts as a "bona fide" residence is the question.
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Old February 4th, 2009, 08:19 AM   #6
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Originally Posted by novus collectus View Post
It is njot "primary" residence, it is "bona fide" residence. The law says you can have more than one bona fide residence and so we know it is not talking about two primary residnces because you can only have one primary residence.
As has been discussed here before, if you pay a rent and you are sleeping there, then you are paying a lease and likely is a residence. For instance, if you are leasing a hotel room, the police cannot search it without a warrant because it is like a residence or is an actual residence. So as I see it you can have a loaded handgun in a hotel room too. Now whether or not this counts as a "bona fide" residence is the question.
I agree with EVERYTHING you say because at this point its considered a residence (primary or secondary).

But my question would be once you're in motion, its considered a vehicle and you subject to motor vehicle laws now. This is why I suggested contact you local SA. I hope that makes sense. I'm very interested in how they would interpret this? I just might call my SAO to ask.


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Old February 4th, 2009, 08:19 AM   #7
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I used to have a small boat that my wife and I would spend the night on behind Dobbins Island. I would take a revolver with me for a while, then I started thinking about the Safety Flare gun i carried. Who needs a pistol when you have a 12 gage flare gun?
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Old February 4th, 2009, 08:23 AM   #8
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Originally Posted by Spot77 View Post
There is a certain amount of nights one must spend aboard a boat before it is allowable as a second residence for tax purposes. I'm sure this varies from state to state but I know the lowest number I've seen was 12 nights which might have been MD law.

The vessel also has to have other amenities such as a galley an enclosed head and sleeping quarters. This info is probably buried in tax code somewhere.....

And yes, you would have to be docked (possibly anchoring is allowable) to allow the loaded handgun. Vessels underway are treated mostly like cars on the road I believe. I'm sure JoppaJ can help out with this.
I wonder, for tax purposes is it possible to have more than one secondary residence?
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Old February 4th, 2009, 08:24 AM   #9
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Originally Posted by fivepointstar View Post
I agree with EVERYTHING you say because at this point its considered a residence (primary or secondary).

But my question would be once you're in motion, its considered a vehicle and you subject to motor vehicle laws now. This is why I suggested contact you local SA. I hope that makes sense. I'm very interested in how they would interpret this? I just might call my SAO to ask.
Right, as soon as one is moving on a parking lot accessible to the public, a public higway or a public waterway, the handgun probably has to be unloaded in an enclosed holster as I read it.
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Old February 4th, 2009, 08:25 AM   #10
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Originally Posted by kalister1 View Post
I used to have a small boat that my wife and I would spend the night on behind Dobbins Island. I would take a revolver with me for a while, then I started thinking about the Safety Flare gun i carried. Who needs a pistol when you have a 12 gage flare gun?
Ever watch the movie Dead Calm?
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Old February 4th, 2009, 08:30 AM   #11
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Novus...congrats on 10Ks posts!!!
Oh, and thanks.
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Old February 4th, 2009, 08:52 AM   #12
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Quote:
Originally Posted by novus collectus View Post
I wonder, for tax purposes is it possible to have more than one secondary residence?
I hope that some day you or I will have to know the answer to that question for reasons other than speculation on gun issues.
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Old January 30th, 2010, 10:42 AM   #13
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Flare guns as protection

Quote:
Originally Posted by kalister1 View Post
I used to have a small boat that my wife and I would spend the night on behind Dobbins Island. I would take a revolver with me for a while, then I started thinking about the Safety Flare gun i carried. Who needs a pistol when you have a 12 gage flare gun?
This has been discussed on boating forums ad infinitum. The bottom line is that a flair gun is worthless as a protective device other than to alert others to your distress.

Unless the perp is naked, the flair will bounce off and set your boat on fire.
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Old January 30th, 2010, 10:47 AM   #14
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This has been discussed on boating forums ad infinitum. The bottom line is that a flair gun is worthless as a protective device other than to alert others to your distress.

Unless the perp is naked, the flair will bounce off and set your boat on fire.
What you cant do it like the movies and blow their boat up with the flare gun?

Damn that Van Dam for lying to me

Seriously, I would probably just keep a 12 gauge handy but thats me.
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Old January 30th, 2010, 11:50 AM   #15
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Quote:
Originally Posted by novus collectus View Post
I wonder, for tax purposes is it possible to have more than one secondary residence?
The way I understand the tax law is the RV or boat must have a head...period....

I had a POPUP camper that had a shower/bathroom and a full size hardside RV with a full head and was able to write off the interest? or was it the taxes? I forgot....it's been a while, maybe 5 years ago?

And you don't have to sleep in it for a number of nights to write it off.

dan
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