wear/carry violation

[esqappellate]

That's ridiculous. If it's locked then a person doesn't have the ability to gain "immediate control of a weapon."

"immediate" is a loose concept. It is more immediate than the trunk and immediate enough for a safety concern.

 

[AssMan]

There is nothing in MD law that prohibits the gun and magazine being together. Only that the gun be in an enclosed case or holster.

I'm assuming you are stopping at a place in MD.

Well, I almost never stop in MD with it. I just remove the mag, and re-holster the gun before crossing into MD. The mag has to be empty if they are in the same compartment, correct? Otherwise it's only a mag insert away from OC? Like I said, I'm not entirely sure what the definition of "unloaded" and "enclosed" mean as they relate to transport.

 

[Indiana Jones]

You cannot mix and match FOPA with Maryland law. If you want to make use of FOPA, you have to comply with ALL of FOPA. Assuming that one of the exceptions does not apply (e.g., range transport), carrying a regulated firearm in the car is banned in MD. Period. If you are coming home from VA where you carried legally, it is best to transport strictly in compliance with all the requirements of FOPA while in MD.

I thought it was illegal to carry a handgun in the vehicle in MD but I thought a long gun whether regulated or not was ok. (Not including NFA).


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[swinokur]

As equapellate says, if you are only on travel, then travel according to FOPA, ie locked in the trunk. If you can't prove you were engaged ina MD allowed activity according to 4-203, better lock it in the trunk. A loaded magazine is not considered illegal in MD but if on travel only, I'd lock it up as FOPA says ammo and firearm need to be separate from the passenger compartment. Exception is a vehicle with no trunk then ammo OR firearm need to be in a locked case.

I go to VA often as I am only 10 minutes from VA, but if it's day time I'm either "going or coming back from the range" Nightime I lock it in the trunk.

Not a perfect system but I'm ok with it.

IANAL

 

[esqappellate]

I thought it was illegal to carry a handgun in the vehicle in MD but I thought a long gun whether regulated or not was ok. (Not including NFA).


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Correct, 4-203 applies only to a "handgun" and I was using regulated gun with that in mind since all handguns are regulated. Transporting a regulated long gun in MD does not come within 4-203. That said, you are asking for trouble driving around with your unloaded AR-15 in plain sight inside your car. Legal? Yeh, but who needs the real hassle you may well get from that officer.

 

[swinokur]

And a post 10-1 purchased old regulated long gun is banned in MD anyway. Better be able to prove travel and transport according to FOPA through MD.

 

[AssMan]

Got it. yep. headed home and not on a MD specifcly allowed activity, your advice is most prudent.

Here's how it would be carried in MD, but in an unlocked console. (I'm a collector MD designated and C&R, and on my way home from my place of business)

 

[swinokur]

Do you own the business? If not I'd lock it in the trunk. The C &R is a good idea but if you can't actually prove you were at a show of part of your collection, it won't be legal under 4-203.

I stop near the Legion bridge and lock mine in my gun safe. (Have an SUV)

 

[AssMan]

Thanks. Trunk it is then. May need to create a pass through as I usually just do it while stopped in traffic. Unless I stop for gas or something in VA.

 

[swinokur]

Be careful with a pass through to the trunk. Could be construed as not being "separate"

Access to the trunk would be the stumbling block IMO. Buy a small gun safe to lock it up. You won't have to stop to lock it up either.

IANAL.

 

[Stoveman]

Be careful with a pass through to the trunk. Could be construed as not being "separate"

Access to the trunk would be the stumbling block IMO. Buy a small gun safe to lcock it up. You won't have to stop to lock it up either.

IANAL.

That's exactly what I used to do. Bought a small single gun safe and when I was a couple of miles from the bridge (usually stopped in traffic) I would unholster, unload and lock the firearm and magazine in the gun safe and put the safe behind the seat.

Regular cab pick up.

 

[strapped]

You didn't answer my question. Are you LE or an attorney?


IANAL

LE which means I practice law without a license!

 

[swinokur]

Ok-thanks for responding. It helps us when another person posts info and since your are a LEO, it is more accurate than just another poster.

 

[esqappellate]

LE which means I practice law without a license!

LOL

 

[Indiana Jones]

Correct, 4-203 applies only to a "handgun" and I was using regulated gun with that in mind since all handguns are regulated. Transporting a regulated long gun in MD does not come within 4-203. That said, you are asking for trouble driving around with your unloaded AR-15 in plain sight inside your car. Legal? Yeh, but who needs the real hassle you may well get from that officer.

Roger thanks.


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[compmoto]

info

There is nothing in MD law that prohibits the gun and magazine being together. Only that the gun be in an enclosed case or holster.

I'm assuming you are stopping at a place in MD.

that was the case here... "holstered Glock" .. the fact it was a loaded mag,but not chambered is the crime..
and furthermore complicating the issue, was the fact that the "traffic offense" was suspected DUI .. another big no no..
another question here could be :is vehicle carry legal, if the gun is registered to the occupant, so long as the mag isn't "with" the weapon ?
Also , the associate was approved on an AR10 reciever in Feb. which had previously been "on hold" until after his 1/14 court date and consequent conviction.
His lawyer was NOT "MD gun law savy" ... I think he is planning to consult the NRA ... if that is worth anything ...

 

[Corporal Doug]

If he doesn't have "mourning" black tape over the number. I have a serious issue with this when I see it. Might as well be wearing the Lone Ranger mask.

You have a serious issue with someone showing respect to a fellow worker who has been killed in the line of duty?



By the way, most departments don't even display a number. Maybe only certain city departments. We use ID numbers which is not on display anywhere. Our names are fully visible though.


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[Mark75H]

You have a serious issue with someone showing respect to a fellow worker who has been killed in the line of duty?



By the way, most departments don't even display a number. Maybe only certain city departments. We use ID numbers which is not on display anywhere. Our names are fully visible though.


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Most don't but some do and I have seen taped over numbers over and over. Its disrespectful to those who are being served.

Tape as fine on a badge that doesn't carry an ID number, and its fine on a numbered badge when the number isn't obscured, but when someone masks their badge number ... same as wearing a mask on their faces. Pretty sure you would not want your house raided by masked gunmen either.

 

[Straightshooter]

Someone is full of crap. The black "tape" is simple a form of bunting, same as you see at the precindt or a fire station draped over the doors to show respect for a fallen co worked. Read more then that into it and you're looking for something that is not there.

 

[Mark75H]

Its not what the public perceives ... public perception, what the public sees in what you do is what matters, not what you think you do

Bunting is fine, masks are not