Out of Stater traveling to MD for holidays

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  • Biggfoot44

    Ultimate Member
    Aug 2, 2009
    33,332
    I do not even play a Mod on TV , but a fundamental ethos of MDS is that we do not tell , advise or advocate anyone to ( do illegal thing ) even if it stupid or silly. "
     

    240 towles

    master of puppets
    Mar 31, 2009
    4,251
    ?
    possession= legal
    parts kits= legal
    state line/ out of state= legal
    just giving it to him in md= illegal if you are dumb enough to post it on the internet and get caught.

    don't do illegal things

    and of course like the #1 rule in prison "don't tell on yourself"
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,501
    Westminster USA
    Loaded magazines are fine. AG opinion attached. FOPA requires if you have no trunk that either the ammo OR the handgun be in a locked case. You can of course lock both together as no law prohibits them being together, including FOPA. Unloaded of course.

    IANAL
    .
    .
     

    Attachments

    • MD AG Opinion Loaded mags.pdf
      37.5 KB · Views: 57

    NateIU10

    Ultimate Member
    Apr 6, 2009
    4,587
    Southport, CT
    possession= legal
    parts kits= legal
    state line/ out of state= legal
    just giving it to him in md= illegal if you are dumb enough to post it on the internet and get caught.

    don't do illegal things

    and of course like the #1 rule in prison "don't tell on yourself"

    People need to stop saying rebuild kits are 100% legal to transfer/have shipped into MD. California law specifically allows them, MD does not. It is an easy argument for a prosecutor to make that "detachable magazine" includes all of the pieces of a mag that is disassembled.
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    - Entreprise Arms FAL (20 rd mags)
    - AR15 in 22LR (30 or 50 rd mags)
    - Springfield XD Subcompact (12 or 9 rd mags)
    - Sig Sauer Mosquito (10 rd mags)
    - 1911 (8 rd mags)

    I was wondering about the three questions below:
    1) Is it legal to bring up these to my uncle's residence and keep them there while I'm in town?
    2) If so, what configuration need they be carried in (guns, ammo, mags in the cab, in the bed, any/all locked, etc)?
    3) Am I legally allowed to stop along the way while in MD (diaper changes)?

    Thanks for yall's help, and I hope you all have a great, fun/family filled holiday season.

    FOPA only applies when you drive THROUGH a state. So if you are headed to a destination in MD, FOPA stops at the MD line.

    For MD, handguns must be carried in an enclosed case or holster.

    The FAL is only legal to bring into MD if you purchased it prior to Oct 1, 2013. If you purchased it after that date, you cannot bring it into MD (you can transit through MD under FOPA). Everything else is legal (rimfire AR are OK).

    FOPA requires the ammunition and firearms to be separated, or one or the other in a locked case/container.

    Mags over 10 rounds are legal to bring into the state, you just cannot give them to your uncle. Unless you both leave the state.
     

    jamiebaker

    Banned
    BANNED!!!
    Dec 11, 2013
    27
    FOPA only applies when you drive THROUGH a state. So if you are headed to a destination in MD, FOPA stops at the MD line.

    For MD, handguns must be carried in an enclosed case or holster.

    The FAL is only legal to bring into MD if you purchased it prior to Oct 1, 2013. If you purchased it after that date, you cannot bring it into MD (you can transit through MD under FOPA).

    FOPA requires the ammunition and firearms to be separated, or one or the other in a locked case/container.

    I thought FOPA applied until you reach your destination (unless you deviate from your journey in more than a trivial way), and state law kicks in once you get there. Confusing as hell
     

    Docster

    Ultimate Member
    Jul 19, 2010
    9,775
    Sounds about right :lol2:

    That's why is always best to consult MD law directly (or SEARCH the threads on this forum that quote the law), print out the pertinent parts to have on your person; as well, search for FOPA and print that out. If stopped by LE, it's good to have to printed law to show, right?

    Why rely on 'opinions' when the actual laws are available for you?

    And YES, stay out of D.C........
     

    DraKhen99

    Professional Heckler
    Sep 30, 2013
    2,327
    I drive a pickup truck as well - I know my Ford has a locking center console, so I just put stuff in there when I'm traveling. It's plenty big enough for either the ammo or handguns.

    -John
     

    dogbone

    Ultimate Member
    Nov 14, 2011
    2,981
    GTT - Gone To Texas
    Thanks for the tip, they may be planning on taking me up to a range in PA to shoot outside depending on the weather so if we do he could take possession there. If the weather looks bad I may just leave the FAL at home since we'd be shooting indoors and I've never heard of an indoor range where you can shoot 308.

    Bring the FAL and check out Freestate's Big Boomer Shoot on December 27!
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,501
    Westminster USA
    FOPA requires the ammunition and firearms to be separated, or one or the other in a locked case/container.

    FOPA only requires the firearm and ammo be separate from the passenger compartment, or one of them in a locked case if no trunk. Putting the firearm AND the ammo together in the trunk is perfectly legal.

    IANAL
     

    240 towles

    master of puppets
    Mar 31, 2009
    4,251
    ?
    People need to stop saying rebuild kits are 100% legal to transfer/have shipped into MD. California law specifically allows them, MD does not. It is an easy argument for a prosecutor to make that "detachable magazine" includes all of the pieces of a mag that is disassembled.

    Law does not expressively prohibit= up for interpretation in court. The prosecutor would have to prove that the parts you were bringing in were not for legal magazines already owned. Hard to do if you already own magazines of this type. In this case, they have no actual crime being committed, but are trying to prosecute based solely on an inchoate offense, which would require proof of an illegal intention and a well proven motive to commit a crime.

    Also, the chance of someone catching you with your legal parts kit is little to none unless said individual was transporting large amounts of magazine parts.

    also, magazines can be built that look like high caps, but are not. You see these in cali alot. 10 round mags that look like 30s. To build these though, you need parts............
     
    Last edited:

    Benanov

    PM Bomber
    May 15, 2013
    910
    Shrewsbury, PA
    Its perfectly legal. He would, of course, have to travel out of state if he wanted to assemble them into new mags :innocent0

    That's why I said the advice is bad. You're saving uncle no time.

    I'd have to search again but I remember a lot of noise coming out of CA for these kinds of stunts.

    The only legal way to get an otherwise banned magazine into the state of Maryland is to leave the state, obtain the magazine in a legal manner (purchase, buy, assemble, receive gift, etc.) and return to Maryland (which assumes you want to). If you want to give the magazine to someone else? Repeat the steps.

    Giving someone "magazine rebuild" kits still requires them to leave the state to assemble it into a new magazine legally.

    People get arrested and charged for this crap. Don't play stupid games - all at stake are stupid prizes.
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    FOPA only requires the firearm and ammo be separate from the passenger compartment, or one of them in a locked case if no trunk. Putting the firearm AND the ammo together in the trunk is perfectly legal.

    IANAL

    Thanks for the correction. I did not bother to look it up.
     

    MrDK

    Member
    Jan 18, 2012
    16
    Seaford DE
    I WAS TOLD IT IS AGAINST MARYLAND LAW FOR ME TO TAKE MY AR OUT OF THE STATE OF MARYLAND AND BRING IT BACK ACROSS STATE LINES.

    NOT SURE ABOUT AN OUT OF STATE BRINGING ONE IN.
    DIAPERS? SHIT HAPPENS!
     

    hodgepodge

    Senior Member (Gold)
    Sep 3, 2009
    10,100
    Arnold, MD
    I WAS TOLD IT IS AGAINST MARYLAND LAW FOR ME TO TAKE MY AR OUT OF THE STATE OF MARYLAND AND BRING IT BACK ACROSS STATE LINES.

    NOT SURE ABOUT AN OUT OF STATE BRINGING ONE IN.
    DIAPERS? SHIT HAPPENS!

    There is still much confusion, but I don't think you were told that here. As long as you owned it before 1 October, you are free to transport it out-of-state and back, legally.
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,501
    Westminster USA
    If you possessed it legally before Oct 1, that's total Bravo Sierra in both instances.

    Even an out of state resident can bring it into MD if he possessed it legally before Oct.1
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    I WAS TOLD IT IS AGAINST MARYLAND LAW FOR ME TO TAKE MY AR OUT OF THE STATE OF MARYLAND AND BRING IT BACK ACROSS STATE LINES.

    NOT SURE ABOUT AN OUT OF STATE BRINGING ONE IN.
    DIAPERS? SHIT HAPPENS!

    That was in an early version of the bill, but was removed from the final bill.

    Perfectly legel for out of state resident to bringing one in, IF the banned firearm was purchased before Oct 1, 2013. If purchased on or after than date, it can NOT legally be brought into the state.
     

    9613

    Member
    Jul 9, 2013
    40
    I do not even play a Mod on TV , but a fundamental ethos of MDS is that we do not tell , advise or advocate anyone to ( do illegal thing ) even if it stupid or silly. "

    It's not telling him to do something illegal.

    Scenario: If a relative meets me out-of-state and I give him a 30 round magazine and then tell him to say that he met me out-of-state... That's not illegal. That's just making sure he says the correct thing IF he's ever questioned.

    Now, if they DON'T meet out-of-state but say that they did... That's their own business.
     

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