Question Regarding Legality of Non-Resident traveling with AR Pistol into MD

The #1 community for Gun Owners of the Northeast

Member Benefits:

  • No ad networks!
  • Discuss all aspects of firearm ownership
  • Discuss anti-gun legislation
  • Buy, sell, and trade in the classified section
  • Chat with Local gun shops, ranges, trainers & other businesses
  • Discover free outdoor shooting areas
  • View up to date on firearm-related events
  • Share photos & video with other members
  • ...and so much more!
  • Speed4341

    Member
    Jun 14, 2016
    28
    Let me start by saying this, I've been researching this topic for about 3 hours now and have been on the MSP webiste as well as here and the Maryland General Assembly website but my question remains...

    -I live in North Carolina and travel to Maryland a couple times per year to visit my wife's family

    -I have an NC Concealed Permit (I do not intend to carry in Maryland and I know that is illegal) Just stating that I have a permit and can carry anywhere along my route except MD.

    - I understand the Federal transportation laws (Locked case, unloaded, separate from the magazine, in the trunk) that cover me from the time I enter the state until I arrive at my place of temporary residence (my in-laws house) making no stops after entering the state.

    -I obey all traffic laws when driving in MD as to draw no undue attention from Law Enforcement.

    -I have built an AR Pistol in a configuration that, from my research is completely legal to posses in Maryland as it has almost no features and, I believe, does not meet the definition of assault pistol. It has the following
    1. a receiver that was never a rifle (Brand new lower marked "Multi-Cal")
    2. 7.5" .300AAC threaded barrel
    3. No muzzle device, just a thread protector
    4. 10 round fixed magazine by way of a "bullet button" device
    5. No vertical or angled foregrip
    6. SBA3 collapsible pistol brace (my only area of concern as it is multi-position)


    -My main questions is this, if this pistol is legal to posses in Maryland, may a non-resident enter the sate with it while traveling to a place of residence. I have no intention of traveling with it in the vehicle during my stay, and will only put it back in my vehicle on my return trip home.


    If there is a website that has this information that I have overlooked, please let me know! Thank you!
     

    Rab1515

    Ultimate Member
    Patriot Picket
    Apr 29, 2014
    2,080
    Calvert
    No issues, bringing it here, just cannot leave it in your car once your here. You could even put a muzzle device on and a standard 30rd mag without the bullet button if you wanted to. I *think* there might be in issue if you use the bullet button with 30 round mag, because then it might be a fixed mag post 2013.
     

    Speed4341

    Member
    Jun 14, 2016
    28
    In most Marylandistan counties, it is legal to keep a non-banned rifle in your trunk. Handguns are a no-go state wide.

    As stated in the original post, I'm not looking to keep any firearm in my vehicle during my stay. I just keep them in my vehicle at home. Just want to make sure I'm not bringing a firearm which is perfectly legal everywhere else, but illegal in MD, into the state.
     

    Mightydog

    Ultimate Member
    MDS Supporter
    I've always kept a rifle caliber firearm in my vehicle. I have a truck pistol and a truck rifle. Just one of those things that I'd rather have and never need, than need and not have.


    That’s so “old school”. I remember as a kid in the early 70’s in Pennsylvania we would drive to school with our shotgun in the truck so to go pheasant hunting afterwards. Nobody would bother it and no such thing as a “no gun zone”. Man I miss the old days.
     

    Speed4341

    Member
    Jun 14, 2016
    28
    No issues, bringing it here, just cannot leave it in your car once your here. You could even put a muzzle device on and a standard 30rd mag without the bullet button if you wanted to. I *think* there might be in issue if you use the bullet button with 30 round mag, because then it might be a fixed mag post 2013.

    So accessories which make a rifle an "assault rifle" in Maryland can be used on a pistol without it becoming an "assault pistol"? Correct me if I'm wrong, I've found little on the web that gives me a clear definition of what Maryland considers an "assault weapon."
     
    So accessories which make a rifle an "assault rifle" in Maryland can be used on a pistol without it becoming an "assault pistol"? Correct me if I'm wrong, I've found little on the web that gives me a clear definition of what Maryland considers an "assault weapon."

    Correct. To make it even more interesting/stupid, all the laws are for .223/5.56 only. A .300AAC is perfectly legal in all (federally legal) configurations.

    ETA- Assault pistols are banned by name; not features... H&K SP89, Intratec Tec9, Ingram Mac 10/11, etc.

    .
     

    Biggfoot44

    Ultimate Member
    Aug 2, 2009
    32,773
    Short Answer : Bringing your AR Pistol would be just the same as any other conventional pistol .

    Am I understanding correctly that your usual practice is a car rifle and a car pistol ? And also you are able to carry everywhere not in Md ? Then an AR Rifle, and carry type pistol would seem to be the way to roll .
     

    Speed4341

    Member
    Jun 14, 2016
    28
    Short Answer : Bringing your AR Pistol would be just the same as any other conventional pistol .

    Am I understanding correctly that your usual practice is a car rifle and a car pistol ? And also you are able to carry everywhere not in Md ? Then an AR Rifle, and carry type pistol would seem to be the way to roll .

    Yes, I like to have a rifle in my vehicle for those "what-if" scenarios.

    My NC Concealed Weapons permit has reciprocity with 38 states. Of the 12 states in which I do not have reciprocity, Maryland is the only one that I travel within fairly frequently. In NC, I can carry as many firearms in my vehicle as I would like. Only restriction is that if I'm carrying any NFA items, I must have my paperwork with me.

    In regards to carrying a rifle, any rifle that I own that I would consider a worthy truck gun would be considered an "assault rifle" within the boundaries of MD.
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,376
    Westminster USA
    In most Marylandistan counties, it is legal to keep a non-banned UNLOADED rifle in your trunk. Handguns are a no-go state wide.

    FIFY

    DNR Statute 410c.

    And loaded magazine NOT in the firearm are also legal per AG opinion. Pistol or long gun.
    .
     

    Attachments

    • dnr 410c .underlined.jpg
      dnr 410c .underlined.jpg
      20.4 KB · Views: 154
    • AG Opinion Loaded mags.pdf
      37.5 KB · Views: 79

    esqappellate

    President, MSI
    Feb 12, 2012
    7,407
    Let me start by saying this, I've been researching this topic for about 3 hours now and have been on the MSP webiste as well as here and the Maryland General Assembly website but my question remains...

    -I live in North Carolina and travel to Maryland a couple times per year to visit my wife's family

    -I have an NC Concealed Permit (I do not intend to carry in Maryland and I know that is illegal) Just stating that I have a permit and can carry anywhere along my route except MD.

    - I understand the Federal transportation laws (Locked case, unloaded, separate from the magazine, in the trunk) that cover me from the time I enter the state until I arrive at my place of temporary residence (my in-laws house) making no stops after entering the state.

    -I obey all traffic laws when driving in MD as to draw no undue attention from Law Enforcement.

    -I have built an AR Pistol in a configuration that, from my research is completely legal to posses in Maryland as it has almost no features and, I believe, does not meet the definition of assault pistol. It has the following
    1. a receiver that was never a rifle (Brand new lower marked "Multi-Cal")
    2. 7.5" .300AAC threaded barrel
    3. No muzzle device, just a thread protector
    4. 10 round fixed magazine by way of a "bullet button" device
    5. No vertical or angled foregrip
    6. SBA3 collapsible pistol brace (my only area of concern as it is multi-position)


    -My main questions is this, if this pistol is legal to posses in Maryland, may a non-resident enter the sate with it while traveling to a place of residence. I have no intention of traveling with it in the vehicle during my stay, and will only put it back in my vehicle on my return trip home.


    If there is a website that has this information that I have overlooked, please let me know! Thank you!

    18 U.S.C. 926A provides:
    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.

    So, why do you assume you can legally possess and carry at the "place" in Maryland, viz, your destination which is, as you say, a temporary residence? MD Code Criminal Law 4-203 makes legal "the carrying of a handgun on the person or in a vehicle while the person is transporting the handgun to or from the place of legal purchase or sale, or to or from a bona fide repair shop, or between bona fide residences of the person". Similarly, Section 4-203 permits "the wearing, carrying, or transporting of a handgun by a person on real estate that the person owns or leases or where the person resides or within the confines of a business establishment that the person owns or leases."

    "Residence" or "reside" or "resident" have never been defined under 4-203 for these purposes in any Maryland decision. It may or may not include a temporary residence. But there is good reason to doubt it. The controlling principle in Maryland (like other states) is that the term "resident" can mean different things in different statutes and in different contexts. Forbes v. Harleysville Mut. Ins. Co., 322 Md. 689, 589 A.2d 944 (1991) (holding that the meaning of "resident" is determined by the "totality of the circumstances."). See also Attorney Grievance Com'n of Maryland v. Josep, 422 Md. 670, 31 A.3d 137 Md.,2011. ("it is clear, pursuant to California case law, that the statute uses the term “resident” in the ordinary, common sense fashion, meaning a place where one has an “abode of some permanency,” rather than as a synonym for domicile.") Here is the principle: "If the language of the statute is ambiguous, . . . then ‘courts consider not only the literal or usual meaning of the words, but their meaning and effect in light of the setting, the objectives and purpose of [the] enactment [under consideration].’" Mundey, 396 MD at 665-66, quoting Fraternal Order of Police v. Mehrling, 343 Md. 155, 174, 680 A.2d 1052, 1062 (1996) (quoting Tucker v. Fireman's Fund Ins. Co., 308 Md. 69, 75, 517 A.2d 730, 732 (1986)). ‘[T]he meaning of the plainest language is controlled by the context in which it appears.’ State v. Pagano, 341 Md. 129, 133, 669 A.2d 1339, 1341 (1996).

    It were me, and in light of the highly restrictive purposes of Section 4-203 (which starts with the general premise that ALL "wear, carry, or transport [of] a handgun" is illegal and then makes that prohibition subject to the listed exceptions) I would not assume that it is legal for me to possess and carry at my destination (Maryland). And if not, the entire transport would not be covered by Section 926A and would be illegal under 4-203. I certainly would not want to be a test case. IN short, if it were me, I would leave my pistols in NC. But that is just me. So, by all means, consult with your lawyer. Bear in mind that a conviction under 4-203 carries a potential term of imprisonment of 3 years, which means that any conviction (regardless of actual sentence) would act a life-time disqualification for possessing any firearm or modern ammunition under federal law. Worth the risk? Talk to your lawyer.

    This is not legal advice.
     
    Last edited:

    clandestine

    AR-15 Savant
    Oct 13, 2008
    37,029
    Elkton, MD
    You can avoid the handgun issue in MD by doing this:

    Convert your AR Pistol into a Rifle.

    Pull the Pistol Upper off and install a 16" or longer HBAR upper (MD Legal). If the AR Pistol has an SBA3 Brace, you can remove the brace and install a standard M4 collapsible stock.

    Get rid of the bullet button. It's does nothing in regards to MD Law.

    Now you have a HBAR carbine that is 100% MD Legal. Just can't have a folder (collapsible is ok), or a grenade launcher on it.

    SBA3 is $120
    HBAR Uppers (No Bolt or Charger) is $300

    If you bring a handgun and get into a simple car accident, or vehicle break in, can cause you serious issues of they find a handgun in MD.

    When you get back home you can change the AR Carbine HBAR back into a Pistol.
     

    swamplynx

    Active Member
    MDS Supporter
    Jul 28, 2014
    678
    DC
    Slight non sequitur, but why the bullet button at all? Was it originally for a CA sale? Are the other jurisdictions where a bullet button would mean anything?
     

    Speed4341

    Member
    Jun 14, 2016
    28
    Slight non sequitur, but why the bullet button at all? Was it originally for a CA sale? Are the other jurisdictions where a bullet button would mean anything?

    I found an article online regarding AR's in Maryland and it mentioned not having a detachable magazine. May have just misunderstood the article.

    Also, I have not bought these parts yet, more or less feeling it out before I buy them. Seems I may not need to after all.
     

    Users who are viewing this thread

    Latest posts

    Forum statistics

    Threads
    274,702
    Messages
    7,248,971
    Members
    33,310
    Latest member
    Skarface

    Latest threads

    Top Bottom