misdemeanor wear/carry violation
- Thread starter compmoto
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Most definitely.
esqappellate
President, MSI
- Feb 12, 2012
- 7,408
I heard that too and I think Jack misspoke. FOPA does incorporate maryland law to some degree, as FOPA says that in order for the transport of the firearm to be protected by FOPA, it has to be legal to both possess and carry in the "place" of origin, as well as legal to possess and carry in the "place" of destination. If Maryland is your 'origin' then the legality would be controlled by Maryland law. Under 4-203, it is legal to possess and carry in your residence, assuming that you are not an otherwise disqualified person. So if you transport a firearm directly from your residence to some other place outside of maryland (say Vermont or VA), where it is legal to possess and carry, then FOPA applies to the transportation of the firearm. As I read FOPA, it applies only to the "transport" between states, not the possession in any other circumstances, e.g., where you are stopped for gas or shopping (what constitutes "transport" outside the actual movement of the vehicle en route is a gray area, go there at your own risk). BTW, as should be apparent, FOPA puts a premium on the possession of CCW permits, as such permits establish the legality of your possession and carrying at the "place" of your origin or the "place" of your destination. Such permits may help avoid an arrest, as the police will arrest first and investigate later if they have any doubts on whether FOPA applies, assuming that they know of FOPA in the first place.
I also disagree and I believe you have also with the AG when he says that FOPA cannot apply in MD because you "can't carry and possess"
Maybe he should reread his own statutes.
sheesh
Maybe he should reread his own statutes.
sheesh
lowoncash
Baned
Informative thread regarding transport. Thanks.
The other salient point is that under the MD statute no exception is made for out of state travel, only the limited ones specified. You'd certainly have to raise a FOPA defense if charged since you weren't engaged in a MD allowed exception if stopped in MD going out of state.
IANAL
IANAL
esqappellate
President, MSI
- Feb 12, 2012
- 7,408
Exactly, unless, of course, you were, e.g., going to a range out of state, then you might have a case in as much as 4-203 does not specify that the range has to be in Maryland. In any event, FOPA is an affirmative defense that you will have to establish. Don't expect the officer to be sympathetic.
*knock* *knock* "Candygram"
But if I'm actually traveling, FOPA seems to be my only defense in MD.
Brooklyn
I stand with John Locke.
I presume this does not mean that to be fopa compliant one must never return home..
Travel that never leaves the state is one thing. Travel that involves leaving the state and returning is another.. I do not think an overnight stay Is required..
And according to some states an overnight stay removes FOPA protection.. yes its a mess...
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