Questions Regarding Transporting Firearms In Car

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  • JustPlinking

    Member
    Oct 11, 2018
    28
    My car is not big enough to keep my guns and ammo in separate compartments such as guns in the trunk and ammo in the car.

    My understanding from reading online is that since the guns and ammo are going to be in the same compartment of my vehicle I need to do the following:

    1. Keep the gun in a locked case as far away from me as possible with the idea being I should not be able to easily get to the firearm.

    2. Ammo needs to be kept in locked containers on the opposite side of the car as the guns.

    Is there anything else I need to be aware of when transporting firearms?

    Thank you for your help.
     

    DaemonAssassin

    Why should we Free BSD?
    Jun 14, 2012
    23,953
    Political refugee in WV
    Oh boy.....

    Lock the gun in a case, and IIRC you do not have to secure the ammo in a locked container. There was an AG letter from the before time that dealt with this exact issue for people that own trucks. Don't know where that letter went off to.
     

    Threeband

    The M1 Does My Talking
    MDS Supporter
    Dec 30, 2006
    25,177
    Carroll County
    Nothing has to be locked. Nothing has to be in the trunk, or "as far from the driver as geometrically possible, as determined by trigonometric survey."

    Handguns only need to be in a "holster or enclosed case," which could be a paper bag. (Correction - an "unfastened sack" is not good enough. See Post #12 below.) Long guns don't need to be cased at all. Everything needs to be unloaded. Handguns may only be transported for specified purposes: to/from practice, competition, repair, dog obedience class, etc. but the law says NOTHING about "direct transport." No restrictions on long gun transport, except in Baltimore and some other incorporated cities.

    Common sense: keep everything in a case or wrapped up, out of sight. Avoid getting pulled over, best the subject of guns never comes up if you are pulled over. If you admit there is a gun in the car, that may provide probable cause for a search without a warrant, and guns could be seized.

    Thieves have been following people after they leave the range, and stealing guns from unattended cars. Watch your 6:00 leaving the range. Take some evasive action: drive around in a circle, make a u-turn, etc.
     
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    ironpony

    Member
    MDS Supporter
    Jun 8, 2013
    7,145
    Davidsonville
    Yup, what they said, thanks for the laugh DA ”Oh boy” lol.

    Most importantly don’t get pulled over, these days people will blow their horns when I stop for red lights when turning right... wtf! And Out of sight out of mind.
    Swinokur May chime in with the letter, I believe it had to do with loaded magazines being ok for transport but every course I have taken has stressed unloaded so make a personal decision on this.

    If anyone does not think something here is correct please state that law in COMAR, I’m curious too!
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,376
    Westminster USA
    Please remember MD law is for trips that start and stop in MD. That includes the list of allowed activities under statute 4-203.

    Trips between states are covered under Federal Statute Title 18 SS 926A. (FOPA)

    Different requirements.
     

    Biggfoot44

    Ultimate Member
    Aug 2, 2009
    32,775
    I know this is the Maryland 2A subforum , but to be clear, is the OP discussing Within Maryland , or Interstate ? Two different things .


    And my usual disclaimer on this topic : This is not a single answer , but multiple discussions

    The actual letter of the law

    Official communications from LE/ Gov't agencies

    Random statements by random individual Ofcs

    Wise course by prudent person
     

    sbmike

    Ultimate Member
    Feb 19, 2011
    1,650
    Almost Heaven, WV
    Please remember MD law is for trips that start and stop in MD. That includes the list of allowed activities under statute 4-203.

    Trips between states are covered under Federal Statute Title 18 SS 926A. (FOPA)

    Different requirements.

    Even though I escaped from the MD Gulag to WV last year, I still travel back across the border to shoot at a couple of ranges in MD. Do you happen to have an English (as opposed to Legaleze), short version of the FOPA regs regarding interstate transportation of regulated guns? I know I saw them somewhere on this forum some time back but I'll be darned if I can find them now. Thanks.
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,376
    Westminster USA
    FOPA is quite brief but remember if MD is your destination once in MD MD statutes apply

    FOPA

    Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.
    (Added Pub. L. 99–360, § 1(a), July 8, 1986, 100 Stat. 766.)
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,376
    Westminster USA
    Look at MD 4-203 to see allowed activities for handgun transport in MD

    Long guns ok as long as unloaded. Now banned long guns are also ok if possessed before 10-1-13

    Note FOPA makes no distinction between regulated and unregulated. That’s a MD distinction. FOPA applies to all firearms

    IANAL
     

    RoadDawg

    Nos nostraque Deo
    Dec 6, 2010
    94,053
    FOPA is quite brief but remember if MD is your destination once in MD MD statutes apply

    FOPA

    Correct... FOPA applies to firearms carried THROUGH the state... transported from another State... through Maryland... destination another State. Not... to or from Maryland.
     

    PowPow

    Where's the beef?
    Nov 22, 2012
    4,709
    Howard County
    Nothing has to be locked. Nothing has to be in the trunk, or "as far from the driver as geometrically possible, as determined by trigonometric survey."

    Handguns only need to be in a "holster or enclosed case," which could be a paper bag. Long guns don't need to be cased at all. Everything needs to be unloaded. Handguns may only be transported for specified purposes: to/from practice, competition, repair, dog obedience class, etc. but the law says NOTHING about "direct transport." No restrictions on long gun transport, except in Baltimore and some other incorporated cities.

    Common sense: keep everything in a case or wrapped up, out of sight. Avoid getting pulled over, best the subject of guns never comes up if you are pulled over. If you admit there is a gun in the car, that may provide probable cause for a search without a warrant, and guns could be seized.

    Thieves have been following people after they leave the range, and stealing guns from unattended cars. Watch your 6:00 leaving the range. Take some evasive action: drive around in a circle, make a u-turn, etc.

    ^^ This ^^
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,376
    Westminster USA
    Nothing has to be locked. Nothing has to be in the trunk, or "as far from the driver as geometrically possible, as determined by trigonometric survey."

    Handguns only need to be in a "holster or enclosed case," which could be a paper bag.
    Actually in the AG opinion on what an enclosed case or holster is the AG specifically stated that a unfastened sack IS NOT an enclosed case or holster by the legislative intent of the statute.

    So transporting in an unfastened sack is a really bad idea as postulated above.
     

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    Threeband

    The M1 Does My Talking
    MDS Supporter
    Dec 30, 2006
    25,177
    Carroll County
    Actually in the AG opinion on what an enclosed case or holster is the AG specifically stated that a unfastened sack IS NOT an enclosed case or holster by the legislative intent of the statute.

    So transporting in an unfastened sack is a really bad idea as postulated above.

    Thanks for the correction. You would think that folding the bag tightly would be enough, but apparently not.

    My intended point was that the "case" doesn't need to be anything fancy...

    Personally I always put everything on cases, just to protect them. Cased handguns go in another range bag, so are doubly cased.
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,376
    Westminster USA
    Thanks for the correction. You would think that folding the bag tightly would be enough, but apparently not.

    My intended point was that the "case" doesn't need to be anything fancy...

    Personally I always put everything on cases, just to protect them. Cased handguns go in another range bag, so are doubly cased.

    No worries. I just didn't want anyone tossing their firearm in a bag and then getting stopped and perhaps arrested. I wasn't being critical, just pointing out that unfastened sacks are specifically mentioned in the AG opinion as NOT being acceptable.
     

    PowPow

    Where's the beef?
    Nov 22, 2012
    4,709
    Howard County
    Thanks, I had not seen that one. Hmmm...why did Mark Bowen, Assistant Attorney General, use a Maryland State Police e-mail address and not one @oag.state.md.us? That seems to be an odd conflict of interest between enforcement and justice.
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,376
    Westminster USA
    Paragraph 2 & 3 of the AG opinion give us a clue.

    One that has the end secured with any type of closure mechanism to comply with the legislative intent of closed case. Turn an unfastened sack upside down. What happens?

    Now tie the end of the sack in a knot or tie it closed with a fastener.

    Turn it upside down again.

    See any difference?

    The operative word IMO is secure. One method is and one is not.
     

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