Legally transporting

madness3120 · Jun 19, 2012

So 1 of the legal ways to transport your handgun in MD is to and from a gun range, unloaded and in enclosed case. So if im coming from a gun range and get pulled over for whatever reason and ask if any weapons are in the car at the time and I say Yes, I was just coming from a gun range. Then what? Is the officer suppose to just take my word. How Do I suppose to prove I was actually coming from a place of shooting?

Kuya Relli Boy · Jun 19, 2012

Plead the 5th.

MDFF2008 · Jun 19, 2012

Every time I go to the range they give me a receipt.

ffemtreed · Jun 19, 2012

madness3120 said:
So 1 of the legal ways to transport your handgun in MD is to and from a gun range, unloaded and in enclosed case. So if im coming from a gun range and get pulled over for whatever reason and ask if any weapons are in the car at the time and I say Yes, I was just coming from a gun range. Then what? Is the officer suppose to just take my word. How Do I suppose to prove I was actually coming from a place of shooting?

The entire situation will dictate what happens.

if its 3 in the afternoon and you have a range bag sitting on the back seat then you probably won't have a problem.

if its 3am and your fidgeting and not making eye contact you will be questioned a lot harder.

In the end its up to the state to prove you were breaking the law and for them to prove you weren't legally transporting your firearm, but they can sure cause you an ass ache in the meantime.

Inigoes · Jun 19, 2012

Keep the firearms and ammunition in the trunk (seperated).

When the officer conducts a safety check of the passenger compartment for "officer safety", and finds nothing.

Just deal with him politely and take the ticket.

awptickes · Jun 19, 2012

Devil's advocate time:

My car doesn't have a clearly defined "passenger compartment" because it's a two-seater with easy access to the "trunk."

Inigoes · Jun 19, 2012

awptickes said:
Devil's advocate time:

My car doesn't have a clearly defined "passenger compartment" because it's a two-seater with easy access to the "trunk."

~~United States v. Ross~~ wrong ross case

Wiki

Findlaw

awptickes · Jun 19, 2012

But, what is considered a "Closed Container" in Maryland?

swinokur · Jun 19, 2012

Assert your 5th amendment right to remain silent and take the ticket. Then be quiet. It's your right. If he asks to search, politely decline. If it's a temporary "detention" he can search the passenger compartment for his safety. But that's it.

And please guys spare me the "if I'm not doing anything wrong why not let him search". Go right ahead. Rights are lost a little at a time.

YMMV

awptickes · Jun 19, 2012

What I'm saying is that it's all easily visible from the outside of the car. My cargo compartment is entirely visible from outside. I'm sure I'm not the only one with this problem.

Is a gun-bag/earpro/eyepro probably cause?

swinokur · Jun 19, 2012

Lock the bag. That's what I do

IMO gun gear in the back of your car or truck doesn't make you a criminal any more than a empty baby seat makes you a kidnapper. IMO it's not PC for anything but...

IANAL or a LEO

MDFF2008 · Jun 19, 2012

ffemtreed said:
The entire situation will dictate what happens.

if its 3 in the afternoon and you have a range bag sitting on the back seat then you probably won't have a problem.

if its 3am and your fidgeting and not making eye contact you will be questioned a lot harder.

In the end its up to the state to prove you were breaking the law and for them to prove you weren't legally transporting your firearm, but they can sure cause you an ass ache in the meantime.

This is probably the first indicator. Does your story fit with what the scene.

Politeness and respect towards an officer, eye contact, not looking like your about to die of nerves (yes they know it's stressful to be pulled over)

If you don't have a dedicated passenger compartment, place it as far out of your reach as possible.

swinokur · Jun 19, 2012

ffemtreed said:
The entire situation will dictate what happens.

if its 3 in the afternoon and you have a range bag sitting on the back seat then you probably won't have a problem.

if its 3am and your fidgeting and not making eye contact you will be questioned a lot harder.

In the end its up to the state to prove you were breaking the law and for them to prove you weren't legally transporting your firearm, but they can sure cause you an ass ache in the meantime.

IIRC Esqappellate said because of the narrow exceptions in 4-203, the burden is on you to prove you were engaged in the permitted activity.

Mr H · Jun 19, 2012

gprimr1 said:
Every time I go to the range they give me a receipt.

hmmm... never thought of keeping the receipt for that...

rouchna · Jun 19, 2012

mr h said:
hmmm... never thought of keeping the receipt for that...

Yeah, but what if you are on your way to the range.

As everyone already said...be polite and take the ticket.

CharlieFoxtrot · Jun 19, 2012

ffemtreed said:
In the end its up to the state to prove you were breaking the law and for them to prove you weren't legally transporting your firearm, but they can sure cause you an ass ache in the meantime.

No- its an affirmative defense that you have the burden of showing that you fit into one of the exceptions. This is one of the reasons my club has a sign in sheet. Proof you were at the range.

Mr H · Jun 19, 2012

CharlieFoxtrot said:
No- its an affirmative defense that you have the burden of showing that you fit into one of the exceptions. This is one of the reasons my club has a sign in sheet. Proof you were at the range.

But Rouchna has a valid point.

Prove you are GOING to the range...

That's a little more difficult.

Yes, in a REASONABLE world, that shouldn't be an issue... but this IS Maryland, after all.........

:mad54:

cogcon · Jun 19, 2012

A non-lawyer answer....

Get a MD Designated Collector status

Then say, "I am a bona fide gun collector moving of part or all of my collection for private exhibition at my buddy's house."

Should work as long as each handgun is unloaded and carried in an enclosed case or an enclosed holster.

Or just answer honestly and state your business....whatever your career can stand.

Bottom Line: If you can't afford the time, don't think about doing the crime.

ffemtreed · Jun 19, 2012

CharlieFoxtrot said:
No- its an affirmative defense that you have the burden of showing that you fit into one of the exceptions. This is one of the reasons my club has a sign in sheet. Proof you were at the range.

but don't you just have to raise the affirmative defense and it is the prosecutions job to disprove the defense?

Kind of like statue of limitations is an affirmative defense, all you have to say is that action is barred due to statue of limitations and its up to the other party to prove that its not past statue of limitations.

tc617 · Jun 19, 2012

IANAL, but I have never seen a Maryland law that states that you are required to tell an officer that you have firearms inside your vehicle during a traffic stop, even if he asks.

Legally transporting

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