Keeping a shotgun or rifle in your vehicle?

[Rough_Rider]

As I understand the law in Maryland ( and from the many threads on this site ) I can keep an unloaded shotgun\rifle in the back of my SUV and an ammo can full of ammo in the front passenger seat.

I don't need to be going to\coming from a range or gun dealer, and I don't need any particular reason. As long as the shotgun and\or rifle are not 'registered firearm' per Md State law and the ammo is kept separate then I should be within my rights.

Does anyone see a legal issue with this arrangement? Just double-checking what I think I know with the facts and group's opinions.

Like probably many of you, I keep a "Get Home Bag" ( GHB ) in my vehicle. It's full of assorted stuff I may need if stuck somewhere ( flashlights, snacks, clothing, gear, etc. ) I work 40 miles from home and like to be prepared this time of year. Especially for ice storms.

But it occurred to me that it should be within my rights to also have a shotgun and\or rifle on hand. In most bad weather situations I am prepared to sit tight in my SUV and wait for conditions to change. If the law recognizes my vehicle as an extension of my home ( which I believe it does ) then I should have the right to defend myself at my vehicle if needed.

I would appreciate your thoughts and comments on this issue. Thanks.

 

[K-Romulus]

The problem would be Maryland's weak general preemption law (Criminal Law code section 4-209) that allows localities to legislate gun possession "within 100 yards of a park, church,school, public building and other place of public assembly." I know that MoCO claims to ban guns and ammo within this zone, unless the guns are unloaded and being transported in a vehicle actually on the road.

Others have pointed out that MD's regulated firearms preemption law (Public Safety code section 5-133) seems to totally and completely preempt any local laws regulating the possession of regulated firearms. If true, then you would be covered from any local laws if you use a regulated long gun for what you describe.

 

[smores]

The problem would be Maryland's weak general preemption law (Criminal Law code section 4-209) that allows localities to legislate gun possession "within 100 yards of a park, church,school, public building and other place of public assembly." I know that MoCO claims to ban guns and ammo within this zone, unless the guns are unloaded and being transported in a vehicle actually on the road.

Others have pointed out that MD's regulated firearms preemption law (Public Safety code section 5-133) seems to totally and completely preempt any local laws regulating the possession of regulated firearms. If true, then you would be covered from any local laws if you use a regulated long gun for what you describe.

So you can haul around an AK but not a 10/22?

 

[FIREHAWK]

must said firearm be enclosed in a case/holster?
must said firearm be locked?

 

[novus collectus]

must said firearm be enclosed in a case/holster?

By state law, no and even in Mo Co no, except for when travelling within 100 yards of a public place of assembly (as K-romulus mentioned, this may not apply to regulated long guns) as I understand it.

I think the city of Baltimore says they should be in an enclosed case, but state preemptions probably makes that one moot even when not a regulated long gun.

must said firearm be locked?

By state law, no and even in Mo Co it only has to be locked when in a gun rack and within 100 yards of a place of public assembly as I understand it (enclosed case being locked is not mentioned).

 

[K-Romulus]

Looks like we might have our first test case! RR, come on down to MoCO and let us know how it turns out!

 

[drott]

I've often wondered about people living in RV's (like a Winnebago etc), and spending their time traveling all over the country. Since the RV is their home/domicile/residence etc, can they legally have a firearm aboard? Can it be a pistol or long arm? Can it be loaded? As far as I know, in even the most gun restrictive state in the union, the basic right to have and bear arms is still in effect. Does this apply to mobile (i.e. RV) homes too? Can an "RV gypsy" legally cruise in and out of any territory within the US and have an bear arms within their mobile domicile?

 

[Kenny]

It would need to either be in a case or in a gun rack. I wouldn't slid it under the backseat.

 

[novus collectus]

It would need to either be in a case or in a gun rack. I wouldn't slid it under the backseat.

Where in MD law does it say a long gun has to be in a case or a gun rack?

 

[JasonMD85]

From what I understand, a regulated long gun is safer than a "cash and carry" type, but either are okay. Loaded magazines are not well defined, and I personally wouldn't test it. A rifle case, unloaded, with a box or two of ammo in the center console/glove box (Whichever DOESN'T have your registration in it in case you get pulled over) should be okay.

So you can haul around an AK but not a 10/22?

ALLEGEDLY some people in Howard County keep an AK47 in the trunk, in a rifle case, with ammo in the glove box...

 

[Kenny]

Where in MD law does it say a long gun has to be in a case or a gun rack?

Its not that I believe, but it is safer........

 

[novus collectus]

Its not that I believe, but it is safer........

Oh, got it.

 

[alucard0822]

Like many others have said, for the most part, it is fine, but if you are considering doing it, I highly suggest a case of some sort, prefferably one that doesn't scream "gun", and put it somewhere that you can get to without getting out of the car, but is not easily seen by passers by. If you park somewhere, and anyone less than honest even thinks you have a gun in your car, you won't have a window when you get back to it.

This isn't a legal requirement, but is what I would consider the "common sense gun control" we should be practicing on our own without a nanny state forcing us to. Kinda like keeping your finger off of the trigger, and keeping the muzzle pointed in a safe direction.

For this role, I have been more than happy with my little 12ga coach gun, short, light, cheap, and can be pulled out of a case, loaded and fired in mere seconds. It is also about the most innocent looking, unassuming long gun I can pack, and slug/00 buck loads have good performance aggainst vehicles. With some practice, most anyone can get 4 rounds off before you could even get a pump gun loaded, and is about as fast as I can get a mag into a larger and more cumbersome AR or AK.

 

[smokey]

just make sure if you get pulled over your domelight is on and your hands are clearly visible on the steering wheel with your car off. if mr blue comes on up and gets a glimpse of a shotgun it won't make coming up to your car any less tense for him/her. it would probable be a bad time to quickly reach for your registration in your glovebox screaming ,"i got it right here for ya officer!".

 

[novus collectus]

Also worth mentioning is the handgun transport law excludes antques and antique replicas.

§ 4-201.

(a) In this subtitle the following words have the meanings indicated.

(b) "Antique firearm" means:

(1) a firearm, including a firearm with a matchlock, flintlock, percussion cap, or similar ignition system, manufactured before 1899; or

(2) a replica of a firearm described in item (1) of this subsection that:

(i) is not designed or redesigned to use rimfire or conventional centerfire fixed ammunition; or

(ii) uses rimfire or conventional centerfire fixed ammunition that is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.

(c) (1) "Handgun" means a pistol, revolver, or other firearm capable of being concealed on the person.

(2) "Handgun" includes a short-barreled shotgun and a short-barreled rifle.

(3) "Handgun" does not include a shotgun, rifle, or antique firearm.

So basically an unloaded antique handgun should be the same as an unloaded long gun in the car. However, state preemption does not seem to cover antique handguns, but some of the county laws I have read apply to modern guns too and therefore the whole law might be moot even when it might apply to antiques by some stretch.
So generally speaking, a trunk gun can also be some kinds of handguns (antiques) too. (I am not a lawyer)

A top break antique derringer is quick to load and if there is a speed loader for a top break revolver, then the same thing. (years ago I actually found one for my five shot .38 Iver Johnson)

 

[Bigdtc]

So...Does it matter if your carrying a Regulated or Non-Regulated long gun? It does not seem to matter.


Novus...Any idea who might have the speedloader for a 5 shot .32 S&W IJ these days?

 

[alucard0822]

Also worth mentioning is the handgun transport law excludes antques and antique replicas.
So basically an unloaded antique handgun should be the same as an unloaded long gun in the car. However, state preemption does not seem to cover antique handguns, but some of the county laws I have read apply to modern guns too and therefore the whole law might be moot even when it might apply to antiques by some stretch.
So generally speaking, a trunk gun can also be some kinds of handguns (antiques) too. (I am not a lawyer)

A top break antique derringer is quick to load and if there is a speed loader for a top break revolver, then the same thing. (years ago I actually found one for my five shot .38 Iver Johnson)

I think I would die laughing if there was some sort of attack in beltway traffic, and I saw the guy in the car next to me breaking out a blunderbus, and powderhorn in preparation for a drive by broadside

Gawd, makes me appreciate the loaded Glock on my hip, and 686 in my console.

 

[novus collectus]

So...Does it matter if your carrying a Regulated or Non-Regulated long gun? It does not seem to matter.

More complicated than that if my reading is correct....

A handgun regardless of it is regulated or not can only be transported according to 4-203 unless it is an antique handgun.
A regulated long gun for transport is treated the same as an unregulated long gun except for the state preemptions where the regulated long guns may have more protection from local laws.

Novus...Any idea who might have the speedloader for a 5 shot .32 S&W IJ these days?

If I knew, I would buy two of them.
I got my speedloader for my .38 IJ at MD Small Arms IIRC. They had a pretty good selection at the time and they helped me with another oddball revolver that luckily matched well (the conversion cylinder for my cap and ball 1858 Remington). They actually opened up a package for me before I bouight it to make sure it fit. Maybe they have one that will fit.

 

[Kharn]

Hmmmmmmmmm

 

[FloydofOz]

Good call keeping a survival kit in your car. I do the same and advise everyone to make some basic preparations like that. I recently discovered this site: www.survivalist.com it's great for deciding what to include in your survival kits.

As far as keeping a gun in your car always, I don't think you have anything to worry about as long as it's a long gun--especially if you keep an orange vest and hat in your car and some targets.

However, just because you are legally permitted to keep a gun in your car, it of course does not mean that you should. Personally, even though part of me would like to, I don't keep any firearms in my car because one of my biggest nightmares is someone stealing my car, getting my gun and using it to commit a crime. Some people would call me paranoid, but that's just how I feel on that subject. Everyone has to make his own personal determination on that. I live in PG county and spend a lot of time vising friends in Baltimore. My car has an alarm system and some other anti-theft measures, but car theft is a big problem in these areas, so I've made the determination that the likelihood of someone stealing my car far exceeds the likelihood of me ever needing a gun when I'm not headed to a hunt or the range. If I move to a safer area, I might change.

In any case, if you do want to keep a gun in your car for protection, emergency hunting, or whatever, definitely keep it in your trunk area in a non-gun case. Guitar cases work well if you have one. If there is some compartment under your seats or in the spare tire area, you might stick it in there too. That way if some jerk does steal your car it's less likely he'll find your gun.