transporting + carrying law contradictory?

[Biggfoot44]

Yes .
Different Statutes have different definitions . Either spelled out in detail . or something like " for the purposes of this Statute , Widget has the meaning as established W- XYZ ."

 

[jr88]

I'm not a lawyer, I am:
The former President of MSI (Maryland Shall Issue, if you don't know what MSI is)
A former Deputy Chief of Staff to a State Delegate
A citizen of the State of Maryland, who reads the actual State Statute and asks for clarity when I have questions.

All of those and $1.25 will get me a cup of coffee.
Basic middle school civics teaches that state laws stop at the state line of the respective state enforcing said. State can only enforce Intra-state transportation of firearms (hence 4-203 of the Criminal Law Article of the Maryland State Statute). Interstate transportation of firearms is controlled by the federal government, again basic middle school civics teaches this

One last time; If you do not have a Md. Carry Permit but have a permit that covers your destination in another state per 4-203 you are not allowed to lock it in the trunk until you get there as you stated. There is no exception in MD. Law for this. If you are stopped by LEO, you cannot honestly have a reason for the firearm per 4-203. Therefore if you are honest, there is a good chance you will be arrested. The fact that multiple lawyers express this on their websites is not just a scare tactic.
Of course this is a poorly written law, no one is disputing this but it still doesn't mean it should be taken lightly or that caution on giving advice based on it isn't warranted.
The only person commenting on this thread who gets it was Doc Teratos, and BTW I am an MSI Member and have been for over 10 years.

 

[Art3]

One last time; If you do not have a Md. Carry Permit but have a permit that covers your destination in another state per 4-203 you are not allowed to lock it in the trunk until you get there as you stated. There is no exception in MD. Law for this. If you are stopped by LEO, you cannot honestly have a reason for the firearm per 4-203. Therefore if you are honest, there is a good chance you will be arrested. The fact that multiple lawyers express this on their websites is not just a scare tactic.
Of course this is a poorly written law, no one is disputing this but it still doesn't mean it should be taken lightly or that caution on giving advice based on it isn't warranted.
The only person commenting on this thread who gets it was Doc Teratos, and BTW I am an MSI Member and have been for over 10 years.

I'm going to need at least another time...

To me, the first sentence seems to say that it is not legal to transport a firearm (locked in the trunk, presumably per FOPA requirements) through (or out of) MD without a MD HGP.

I'm kinda lost as what the point was anyway, and feeling lucky that I never got caught going to PA ranges before I got my MD HGP.

 

[jr88]

I'm going to need at least another time...

To me, the first sentence seems to say that it is not legal to transport a firearm (locked in the trunk, presumably per FOPA requirements) through (or out of) MD without a MD HGP.

I'm kinda lost as what the point was anyway, and feeling lucky that I never got caught going to PA ranges before I got my MD HGP.

You are legal because there is exemption for transporting to Range. The original point was, without a CCP there is no exception for transporting in Maryland to have it with you in a state you can carry.

 

[Occam]

You are legal because there is exemption for transporting to Range. The original point was, without a CCP there is no exception for transporting in Maryland to have it with you in a state you can carry.

You’re really not being clear, here. Do you mean ANOTHER state where you can carry? If that’s where you’re headed, out of Maryland, then you do NOT need a MD permit to transport because you are covered by FOPA when you stow it for the border-crossing trip.

 

[jr88]

You’re really not being clear, here. Do you mean ANOTHER state where you can carry? If that’s where you’re headed, out of Maryland, then you do NOT need a MD permit to transport because you are covered by FOPA when you stow it for the border-crossing trip.

This FOPA ? From NRA Site:

The Firearm Owners Protection Act (FOPA) is an important provision of federal law intended to protect the right of law-abiding gun owners to transport firearms throughout our nation. Yet in the years since its enactment, it has been ignored by anti-gun local officials and effectively gutted by the courts.

In a time when we have an ex POTUS being charged by County DA's do you really think Marylanders have a chance ? I was simply trying to suggest to the OP who just got a CCP and wanted to conceal carry a rifle into a Walmart, the laws are not in our favor and be careful. Many of us know all the little issues with Md. Law but NONE of us know the real intent and how these laws would be interpreted.

 

[teratos]

What reason do the 5-0 have to EVER search your trunk?

 

[teratos]

I’m heading to my MILs to hopefully shoot some groundhogs. Throwing a .22 magnum in the trunk.

 

[Darkemp]

Scenario:
Weapon: FPC (Smith&Wesson 9mm FPC)
Location: Public, but conceal carry allowed places
I have conceal carry permit, and HQL.

Bill: transporting a rifle can only be between home, gun shop, range, or an event (we are not discussion about firearms/pistols)
you are allowed to open carry a rifle in public, there are no law preventing this (lets leave out public harrasment/police harrasement for now)

Say, If I want to go to a store that allows conceal carry weapon, and I have a FPC in my back pack, and I lived BEHIND (5 minute walking) the store, if I drive my car, that's consider "transporting" and if I somehow get pulled over between my home and the store, that's illegal because that is against the Bill.
However, if I walk to the store, with an FPC folded in my backpack, becaue technically there's no law prohibiting me walking around a 16" barrel fpc.

=====================================================
I don't really care about "oh it's too slow to draw it out, there's no point" etc etc. That's not the point of this discussion. There's not a lot of topic about "conceal carry" an FPC, which FPC is still classified as a rifle

I have read the words but they don’t make sense to me…outside of Baltimore City there is no law against a non-prohibited person carrying an unloaded rifle in a public place. As long as you are law abiding you could carry it around in a backpack as long as a loaded mag isn’t inserted. Has nothing to do with an HGP or an HQL. Those relate to handguns. If you have an HGP you could carry a loaded braced pistol around in a backpack, such as an AR platform or other PDW type.

 

[Allen65]

What reason do the 5-0 have to EVER search your trunk?

Pounding and muffled screams coming from inside?

 

[Allen65]

I have read the words but they don’t make sense to me…outside of Baltimore City there is no law against a non-prohibited person carrying an unloaded rifle in a public place. As long as you are law abiding you could carry it around in a backpack as long as a loaded mag isn’t inserted. Has nothing to do with an HGP or an HQL. Those relate to handguns. If you have an HGP you could carry a loaded braced pistol around in a backpack, such as an AR platform or other PDW type.

Why does the rifle need to be unloaded to be legal? The only prohibition I'm aware of for loaded long arms is the Natural Resources Article law against loaded rifles and shotguns in/on motor vehicles.

See c.(1) here: https://codes.findlaw.com/md/natural-resources/md-code-nat-res-sect-10-410/

 

[teratos]

Pounding and muffled screams coming from inside?

PM for advice on sedatives.

 

[Threeband]

"Excuse me, does this rag smell like cloroform?"

 

[outrider58]

FOPA was meant to keep you out of the hoosegow in case Barney Fife pulls you over whilst on your way to Florida with your unloaded and secured .50 BMG sniper rifle, as there are illegal to own in Mayberry.

 

[Darkemp]

Why does the rifle need to be unloaded to be legal? The only prohibition I'm aware of for loaded long arms is the Natural Resources Article law against loaded rifles and shotguns in/on motor vehicles.

See c.(1) here: https://codes.findlaw.com/md/natural-resources/md-code-nat-res-sect-10-410y

Why does the rifle need to be unloaded to be legal? The only prohibition I'm aware of for loaded long arms is the Natural Resources Article law against loaded rifles and shotguns in/on motor vehicles.

See c.(1) here: https://codes.findlaw.com/md/natural-resources/md-code-nat-res-sect-10-410/

Actually I misspoke- the unloaded aspect applies to vehicles not on foot, I stand corrected on that point. I think another hiccup though could be if you are within a GFSZ. I’m aware of the exception for permit holders as long as not actually on school property for the distance aspect but if someone is not a permit holder with a loaded rifle my read is they would be in violation.

 

[adit]

What reason do the 5-0 have to EVER search your trunk?

They smell the body.

 

[Threeband]

They smell the body.

Could you mask the smell with bales of marijuana?

 

[Doco Overboard]

Scenario:
Weapon: FPC (Smith&Wesson 9mm FPC)
Location: Public, but conceal carry allowed places
I have conceal carry permit, and HQL.

Bill: transporting a rifle can only be between home, gun shop, range, or an event (we are not discussion about firearms/pistols)
you are allowed to open carry a rifle in public, there are no law preventing this (lets leave out public harrasment/police harrasement for now)

Say, If I want to go to a store that allows conceal carry weapon, and I have a FPC in my back pack, and I lived BEHIND (5 minute walking) the store, if I drive my car, that's consider "transporting" and if I somehow get pulled over between my home and the store, that's illegal because that is against the Bill.
However, if I walk to the store, with an FPC folded in my backpack, becaue technically there's no law prohibiting me walking around a 16" barrel fpc.

=====================================================
I don't really care about "oh it's too slow to draw it out, there's no point" etc etc. That's not the point of this discussion. There's not a lot of topic about "conceal carry" an FPC, which FPC is still classified as a rifle

Buy a hunting license and ask them what the problem is.

 

[Biggfoot44]

Why does the rifle need to be unloaded to be legal? The only prohibition I'm aware of for loaded long arms is the Natural Resources Article law against loaded rifles and shotguns in/on motor vehicles.

See c.(1) here: https://codes.findlaw.com/md/natural-resources/md-code-nat-res-sect-10-410/

Yes . That's a real law , valid statewide .

 

[adit]

Could you mask the smell with bales of marijuana?

That and unicorn poo.