Is it legal to transport regulated through Md.?

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    Beer, Bikes n Boomsticks
    Mar 13, 2012
    4,073
    Howeird County
    Just so we are clear.

    The AK is in his name and not considered to be a banned weapon in his state. All they require in his state (If a transfer were to take place, is a paper trail between the assignee and assignor. No FFL, nothing. Just a "I transferred this weapon to joe schmoe" note, which each hold onto.

    So I cant borrow his non banned weapon in his non ban state, drive it through Md and into another non banned state and shoot it? Correct?

    This situation seems a little contrived, however I will play.

    IANAL

    The situation you described seems like you would be protected under FOPA, provided there are no laws preventing you, an out of state resident, borrowing his firearm AND it is not banned where you will be using it AND this is not a permanent change of ownership AND it is not subject to NFA.

    IF any one of those conditions are not met then it is illegal due to interstate transfer laws/nfa/state restrictions.

    That said, most LEOs, and judges (and regular people, myself included) would be suspicious of a "loaned" firearm which is then driven out of state for use in another state. It sounds very much like interstate commerce and/or weapons trafficking because: why didn't you just use the gun with your friend in his state.
     
    Last edited:

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,087
    Just so we are clear.

    The AK is in his name and not considered to be a banned weapon in his state. All they require in his state (If a transfer were to take place, is a paper trail between the assignee and assignor. No FFL, nothing. Just a "I transferred this weapon to joe schmoe" note, which each hold onto.

    So I cant borrow his non banned weapon in his non ban state, drive it through Md and into another non banned state and shoot it? Correct?

    Get rid of the word "transfer", it means a permanent change in possession (i.e. sale, gift, inheritance, etc.), what you are talking about is a loan and perfectly legal. Yes, you may go to your buddy's place in NC, barrow his AK, and transport it to WV to shoot it, passing through MD to do so, under FOPA.
     

    Applehd

    Throbbing Member
    MDS Supporter
    Apr 26, 2012
    5,285
    I'm fine with it being a legal move from N.C. to W.Va... on paper... per FOPA... however, get pulled over in Md. with a Md. driver's license, in possession of an AK that doesn't belong to you... then convince a skeptical LEO that you are only passing through Maryland...? Not a position I would want to find myself in... YMMV... Yes my BGOS is raging... but this is Maryland... not America.



    Flame away...



    Hi Dan...!!!:wave:
     

    lazarus

    Ultimate Member
    Jun 23, 2015
    13,678
    Don't speed, play with your phone or make unsafe lane changes and no one is going to bother you.

    And make sure all of your vehicle safety devices and working correctly (no headlights or brake lights out, etc). Also try not to run in to a rare, but extant DUI check point.

    Also don’t accidentally swerve across double yellow lines. Have a dash cam so if you do get pulled over for that you can prove in court the officer lied and contrived a reason for the pull over and search.

    The last might not be super common, but it also happens.
     

    Applehd

    Throbbing Member
    MDS Supporter
    Apr 26, 2012
    5,285
    :lol:...a few more posts like that and you will reach terminal velocity down the slope...:D
     

    ras_oscar

    Ultimate Member
    Apr 23, 2014
    1,666
    Remember also, that FOPA is an affirmative defense. It does not make possession in that state legal. If you are stopped in a state with a firearm that the state bans, you will be arrested. In court you will be asked to verify condition of transport, and your trip start point and final destination. If your destination is a night at a hotel, the firearm now becomes subject to the laws of that state. FOPA only helps when traveling FROM a state where the arm is legal TO a state where it is legal, THROUGH a state where it is not legal.
     

    John from MD

    American Patriot
    MDS Supporter
    May 12, 2005
    22,734
    Socialist State of Maryland
    Yep. I believe there are a couple of cases of people getting bumped off a flight and having to spend the night in a hotel in a prohibited city and getting popped for taking possession of their bags. I don't know the answer to that one as the airline isn't going to keep your bag for you.
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    Yep. I believe there are a couple of cases of people getting bumped off a flight and having to spend the night in a hotel in a prohibited city and getting popped for taking possession of their bags. I don't know the answer to that one as the airline isn't going to keep your bag for you.

    Not bumped, but weather issues.

    I met a guy from TN that had that happen. Flying through Newark, weather canceled their ongoing flight.

    Went to baggage claim, the second his hand touched the rifle case, they arrested him.

    At the time I met him, he had not gone to trial.
     

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