Would this be legal in Montgomery County?

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  • Mossberg Kid

    Active Member
    Feb 24, 2012
    275
    Rockville
    Does anyone know where I could find out whether the following conduct would be legal in Montgomery County? Should I check with my chief law enforcement officer in Rockville? Should I check with the MoCo's sheriff's office? Should I check with the Maryland State Police?

    Or would the Maryland affiliate of the NRA be able to answer this? Or should I pay an attorney hundreds of dollars to answer one question?

    So here's my situation and my dilemma:

    I live in Rockville and commute to my job in Bethesda five days a week, and like most of us here on Maryland Shooters, do NOT have a conceal-carry permit but desire to do so.

    I currently own five firearms, all of which are kept in my bedroom; three of them are locked all the time; two are unlocked all the time, in case there's a SHTF moment when I'm home.

    I've been somewhat tentative about what guns I ought to lock up all the time and what guns I ought to leave unlocked all the time; and about whether I should lock ALL of them up before I leave in the morning and unlock my two home-defense guns when I get home in the evening.

    Now, I've been thinking about buying a Smith & Wesson M&P Shield and carrying it on my person all the time when I'm in the house, and then leaving all other firearms locked up all the time.

    That brings me, finally, to my question: would it be legal for me to carry out to the car, lock the gun in its case in the trunk, drive off to work, leave the locked gun in the trunk all day, then drive home with the gun locked in the trunk, take it out when I pull up to the house, and then carry into the house?
     

    MJD438

    Ultimate Member
    MDS Supporter
    Feb 28, 2012
    5,854
    Somewhere in MD
    Follow on question to gain context: when walking to/from your vehicle, is said vehicle parked on property that you own/lease (e.g., driveway, on-premise garage), or is it parked in a public/common space (e.g., road, apartment/condo complex parking lot)?
     

    Broadside

    Active Member
    Mar 20, 2012
    305
    Virginia
    That brings me, finally, to my question: would it be legal for me to carry out to the car, lock the gun in its case in the trunk, drive off to work, leave the locked gun in the trunk all day, then drive home with the gun locked in the trunk, take it out when I pull up to the house, and then carry into the house?

    Without a Maryland Handgun Permit issued by the Maryland State Police, what you are describing would not be legal.

    Under Maryland law there are very situations where you can possess/transport a handgun outside of your home or property.

    Several manufactures make safes that are easy to open quickly, yet still secure a handgun. They either come with a cable or can be mounted to a wall.

    I think the easiest thing to do is to sink an eye-bolt into a wall near where you want to have the box. Then run the cable through the eye-bolt. Make the eye-bolt is in a wall stud.
     

    Mossberg Kid

    Active Member
    Feb 24, 2012
    275
    Rockville
    Follow on question to gain context: when walking to/from your vehicle, is said vehicle parked on property that you own/lease (e.g., driveway, on-premise garage), or is it parked in a public/common space (e.g., road, apartment/condo complex parking lot)?

    Well, I usually park on the street right in front of the house and leave the driveway to my roommate.

    But I could pull in and park right behind him; that way, I'm on private property the whole time.
     

    MJD438

    Ultimate Member
    MDS Supporter
    Feb 28, 2012
    5,854
    Somewhere in MD
    Well, I usually park on the street right in front of the house and leave the driveway to my roommate.

    But I could pull in and park right behind him; that way, I'm on private property the whole time.

    Additional questions:
    1. Do you own the business where you work in Bethesda?
    2. Are you going to perform organized military activity, a target shoot, formal or informal target practice, sport shooting event, hunting, a Department of Natural Resources-sponsored firearms and hunter safety class, trapping, or a dog obedience training class or show?
    3. Are you a supervisory employee for the business, with authorization from the owner of the business to carry at work?
    4. Are you a collector performing a show of your collection?
    5. Have you read §4-203 of the Maryland Criminal Law Code, Annotated to familiarize yourself with the statutory rules/limitations of transporting handguns in MD (partially summarized in the previous four questions)?

    IANAL and do not presently have a permit, but based on what others have posted on these forums and the way the law appears to read to me you do not appear to meet the conditions for transporting a handgun under the circumstances that you presented.

    Even assuming that you meet one of the conditions allowed in the law section noted above, I have some additional thoughts on the process you are intending to perform.

    I am assuming that your driveway is not very long, given that you normally park in the street but can park close behind him when needed. From a personal awareness perspective, I would have to consider the following process:
    1. While in the home, carry (either OC or CC, depending on circumstances/desire)
    2. Head out of the home to the car, while still carrying
    3. Stand at rear of vehicle, in full view of the neighborhood and prepare to depart:
      1. Unholster
      2. Clear and safe the firearm (since MD law requires that transported firearms be unloaded)
      3. Lock in vehicle vault
      4. Get into vehicle
    4. Drive to work, not permitted to carry at the office so firearm remains in the vehicle vault
    5. Drive home
    6. Stand at rear of vehicle, in full view of the neighborhood:
      1. Unlock vehicle vault
      2. Load and safe the firearm
      3. Holster said firearm
      4. Gather remaining items, enter house

    For what appears to be a short walk to/from the residence, the red text, to my situational awareness paranoia, appears to be of little benefit and fraught with dangers. My home has a 50' driveway and the walk to either vehicle is between 10' and 20' depending on which primary doorway is used to exit the home since the vehicles are parked in either the carport or the driveway apron nearest the house. To me, carrying a loaded firearm for that distance for personal protection, within the limitations of the example I showed above, would not be worth the effort/risk.
     

    BradMacc82

    Ultimate Member
    Industry Partner
    Aug 17, 2011
    26,172
    That would be illegal in MD... You can only transport firearms in your vehicle for certain reasons. Going to work is not one of them.

    ^This.

    Listen to the people that DO have CCW's. ;)



    I don't have one, so like everyone else, just ignore what I say. :lol2:
     

    Mossberg Kid

    Active Member
    Feb 24, 2012
    275
    Rockville
    Good, thoughtful response, all.

    I'm very much obliged.

    I think the best course of action for me would be to lock up every one of my guns for the day. Then when I come home and enter the house, I can unlock and carry my Shield until it's time for me to leave in the morning, then lock it up with the rest.

    Until Maryland gets with the Second Amendment, that is.

    Thanks again, everyone. I very much appreciate your thoughts and time.
     

    Ethan83

    Ultimate Member
    Jan 8, 2009
    3,111
    Baltimoreish
    Unless you own the business where you work, that is NOT legal. You are not allowed to transport the firearm for any reason other than the 'approved' purposes (show, range, shop, smith, between residences). The only/best way "around" this law is to become a designated collector; then you are permitted to transport firearms for purposes of private displays (but still only unloaded, cased, etc; no carrying of anything loaded).
     

    Ethan83

    Ultimate Member
    Jan 8, 2009
    3,111
    Baltimoreish
    Good, thoughtful response, all.

    I'm very much obliged.

    I think the best course of action for me would be to lock up every one of my guns for the day. Then when I come home and enter the house, I can unlock and carry my Shield until it's time for me to leave in the morning, then lock it up with the rest.

    Until Maryland gets with the Second Amendment, that is.

    Thanks again, everyone. I very much appreciate your thoughts and time.

    That's what I do. Everything stays locked up during the day; when I get home in the evening, the 'safe' gets unlocked, and I pull out the .45 for the bedside and the .380 for the pocket. Everything gets locked up again when I leave for work in the morning.
     

    0331

    Member
    Feb 3, 2012
    95
    MOCO
    It's probably not the best idea to keep a firearm locked up in your car all day, either. Sure, lots of people do it and never have anything happen (theft), but there's always that chance that your car or just your gun will be stolen. And thats a pretty bad day.
     

    Mossberg Kid

    Active Member
    Feb 24, 2012
    275
    Rockville
    Okay. More good points.

    I guess on one level my fundamental question wasn't that well thought out. I mean, after all, as MJD pointed out, I'm really just going from the house to the car and then back.

    I'll blame it all on Shield fever touching my brain and making me delirious with visions of conceal carry...

    :lol2:
     

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