Firearm storage in MD

[Doobie]

I was asked what I thought was a very good question about firearm storage in MD. I know that if you have children under 16 living or visiting, the firearms have to be locked up and ammo stored separately. His question is this. He has a few firearms that he has no room for in his gun safe. At the present time he can't afford a larger safe or a second smaller one. He does have a walk in attic that is only accessible by a door that he keeps locked at all times. Would he be able to store his other firearms there and still be within the law?

 

[babalooie21204]

how about he put barrel locks on them? worst case lock up all the ammo and leave the gun out of sight (trigger lock minimum), guns can't shoot without ammo

 

[SRD]

The way the law is written,yes.IANAL

§ 4-104. Child's access to firearms


(a) Definitions. --

(1) In this section the following words have the meanings indicated.

(2) "Ammunition" means a cartridge, shell, or other device containing explosive or incendiary material designed and intended for use in a firearm.

(3) "Child" means an individual under the age of 16 years.

(4) (i) "Firearm" means a handgun, rifle, shotgun, short-barreled rifle, or short-barreled shotgun, as those terms are defined in § 4-201 of this title, or any other firearm.

(ii) "Firearm" does not include an antique firearm as defined in § 4-201 of this title.

(b) Exceptions. -- This section does not apply if:

(1) the child's access to a firearm is supervised by an individual at least 18 years old;

(2) the child's access to a firearm was obtained as a result of an unlawful entry;

(3) the firearm is in the possession or control of a law enforcement officer while the officer is engaged in official duties; or

(4) the child has a certificate of firearm and hunter safety issued under § 10-301.1 of the Natural Resources Article.

(c) Prohibited. -- A person may not store or leave a loaded firearm in a location where the person knew or should have known that an unsupervised child would gain access to the firearm.

(d) Penalty. -- A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $ 1,000.

(e) Effect of violation. --

(1) A violation of this section may not:

(i) be considered evidence of negligence;

(ii) be considered evidence of contributory negligence;

(iii) limit liability of a party or an insurer; or

(iv) diminish recovery for damages arising out of the ownership, maintenance, or operation of a firearm or ammunition.

(2) A party, witness, or lawyer may not refer to a violation of this section during a trial of a civil action that involves property damage, personal injury, or death.

 

[mike_in_md]

Per Maryland State Police http://www.mdgunsafety.com/mspfaq.htm

It is unlawful for any person to store or leave a loaded firearm in any location where the individual knew or should have known that an unsupervised person under the age of sixteen would gain access to the firearm (for safety purposes the stored firearm should be unloaded, and the use of a trigger lock is recommended.

 

[Oldcarjunkie]

Per Maryland State Police http://www.mdgunsafety.com/mspfaq.htm

It is unlawful for any person to store or leave a loaded firearm in any location where the individual knew or should have known that an unsupervised person under the age of sixteen would gain access to the firearm (for safety purposes the stored firearm should be unloaded, and the use of a trigger lock is recommended.

Yup, so long as the ammo is locked up, he is ok by letter of the law.

To the OP..
I would worry about a attic, I'm sure if he puts them in there. They will rust due to temps.
If I was in his situation. I would store them in a closet with stuff in front and put the ammo in the safe I alread have.

 

[K31]

Agreed the attic is no environment for fine firearms.

Store the kids in the attic behind the locked door.

 

[Major03]

If they go in the attic, at least have him give them a coating of Eezox.

 

[redeye505]

Agreed the attic is no environment for fine firearms.

Store the kids in the attic behind the locked door.

+1

 

[K31]

If they go in the attic, at least have him give them a coating of Eezox.

This is generally unneeded for children if done for it's anti-oxidation properties.

 

[fabsroman]

What am I missing here? The statute specifically states LOADED firearm. So, if I have an unloaded firearm sitting in the corner that the kids have access to, I am not in violation of the law. Even if I have an unloaded firearm sitting in the corner of the room with a box of ammo sitting right next to it, I still am not in violation of the law.

Now, for safety sake I would advise people to lock up their guns when young kids are in the house and to keep their ammo stored separate from the guns. However, I don't even follow that rule completely. While my home defense guns are in safes, they are stored loaded. They would be useless for home defense if they were not stored loaded. Thing is, I am in compliance with the statute because my loaded firearms are stored in a safe.

 

[mike_in_md]

What am I missing here? The statute specifically states LOADED firearm. So, if I have an unloaded firearm sitting in the corner that the kids have access to, I am not in violation of the law. Even if I have an unloaded firearm sitting in the corner of the room with a box of ammo sitting right next to it, I still am not in violation of the law.

Now, for safety sake I would advise people to lock up their guns when young kids are in the house and to keep their ammo stored separate from the guns. However, I don't even follow that rule completely. While my home defense guns are in safes, they are stored loaded. They would be useless for home defense if they were not stored loaded. Thing is, I am in compliance with the statute because my loaded firearms are stored in a safe.

Law says that children are not allowed unsupervised access to a firearm even if it is unloaded.

 

[K31]

Get the kiddies hunter safety certificates, problem solved.

 

[spclopr8tr]

Law says that children are not allowed unsupervised access to a firearm even if it is unloaded.

Where does it say that?

(c) Prohibited. -- A person may not store or leave a loaded firearm in a location where the person knew or should have known that an unsupervised child would gain access to the firearm.

 

[fabsroman]

Law says that children are not allowed unsupervised access to a firearm even if it is unloaded.

The law has been quoted above by SRD. Is that not the current version? If not, can you link the current version?

If what SRD linked is the current version, can you show me where the statute supports your position that "children are not allowed unsupervised access to a firearm even if it is unloaded"? To make this as clear as possible, how about cutting and pasting the entire statute and then putting the section that supports your position in bold.

 

[mike_in_md]

Lock the kiddies in the basement, problem solved.

Fixed it for you.

 

[fabsroman]

Law says that children are not allowed unsupervised access to a firearm even if it is unloaded.

You know what is even more hilarious Mike, the fact that you got it right in your first posting in this thread.

It is unlawful for any person to store or leave a loaded firearm in any location where the individual knew or should have known that an unsupervised person under the age of sixteen would gain access to the firearm (for safety purposes the stored firearm should be unloaded, and the use of a trigger lock is recommended.

 

[Mooseman]

Get the kiddies hunter safety certificates, problem solved.

This. Get the kids hunter safety certificates.

 

[mike_in_md]

The law has been quoted above by SRD. Is that not the current version? If not, can you link the current version?

If what SRD linked is the current version, can you show me where the statute supports your position that "children are not allowed unsupervised access to a firearm even if it is unloaded"? To make this as clear as possible, how about cutting and pasting the entire statute and then putting the section that supports your position in bold.

I retract my statement...I was pretty sure that it included unloaded as well...I hadn't had my 1st cup of coffee yet. I'd keep it locked though.

 

[spclopr8tr]

I retract my statement...I was pretty sure that it included unloaded as well...I hadn't had my 1st cup of coffee yet. I'd keep it locked though.

Locked? Or locked up? The last thing I'd want is my kid deciding to take my unloaded, locked firearm to school for show and tell! Even if not in a safe, if it is just locked up in a drawer, closet, footlocker, or storage bin that is still prudent. I would not want my children having unsupervised access to unloaded firearms regardless of what the law mandates regarding loaded weapons.

 

[mike_in_md]

Locked? Or locked up? The last thing I'd want is my kid deciding to take my unloaded, locked firearm to school for show and tell! Even if not in a safe, if it is just locked up in a drawer, closet, footlocker, or storage bin that is still prudent. I would not want my children having unsupervised access to unloaded firearms regardless of what the law mandates regarding loaded weapons.

I agree. I would keep it locked up. All my guns are locked up even though I have no children in the house and some are loaded; I do not need thieves getting at them either. I can access my locked and loaded firearm faster than a thief could break into my house and get to my family. It's not that hard to do with the right pistol safe that can be bought for about $150.00.