It's called pre-emption, state law with regards to most things firearms, preempts county and local law. MoCo has no such law and if they did, state law would preempt it.
Loaded magazine transport
- Thread starter DanGuy48
- Start date
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It's called pre-emption, state law with regards to most things firearms, preempts county and local law. MoCo has no such law and if they did, state law would preempt it.
oldsarge
Old & Crusty
I can't find it now. (Trying to use search with phone) Didn't Gansler put out some type of letter addressing long gun carry in autos? I seem to remember that he wrote an opinion that having a loaded long gun in a vehicle was OK. But then again, I'm old and tend to forget things.
Biggfoot44
Ultimate Member
- Aug 2, 2009
- 33,278
AG memos on loaded magazines ( not in the gun), and on Long Gun Open Carry, but not aware on one addressing loaded long guns in vehicles.
Maybe because the DNR statute prohibits it?
Laws may still be on the books, but state preemption is state preemption.
smokey
2A TEACHER
- Jan 31, 2008
- 31,534
http://mgaleg.maryland.gov/webmga/f...cle=gcr§ion=4-203&ext=html&session=2015RS
for handguns, this is COMAR for transport...
I'm fairly sure that any time I am traveling, I'm "on my way to a repair shop" or "on my way to informal target pratice"....especially if you have an extra set of sights packed with the gun that may need to be put on.
So, unloaded handgun in an enclosed case or holster and "on the way to a bona fide repair shop to put on sights" makes it fine. Not having access and suchforth deals more with FOPA and crossing state lines.
Not exactly, see Criminal Law Article 4-209:
4-209. Regulation of weapons and ammunition
(a) State preemption. -- Except as otherwise provided in this section, the State preempts the right of a county, municipal corporation, or special taxing district to regulate the purchase, sale, taxation, transfer, manufacture, repair, ownership, possession, and transportation of:
(1) a handgun, rifle, or shotgun; and
(2) ammunition for and components of a handgun, rifle, or shotgun.
(b) Exceptions. --
(1) A county, municipal corporation, or special taxing district may regulate the purchase, sale, transfer, ownership, possession, and transportation of the items listed in subsection (a) of this section:
(i) with respect to minors;
(ii) with respect to law enforcement officials of the subdivision; and
(iii) except as provided in paragraph (2) of this subsection, within 100 yards of or in a park, church, school, public building, and other place of public assembly.
(2) A county, municipal corporation, or special taxing district may not prohibit the teaching of or training in firearms safety, or other educational or sporting use of the items listed in subsection (a) of this section.
(3) A county, municipal corporation, or special taxing district may not prohibit the transportation of an item listed in subsection (a) of this section by a person who is carrying a court order requiring the surrender of the item, if:
(i) the handgun, rifle, or shotgun is unloaded;
(ii) the person has notified the law enforcement unit, barracks, or station that the item is being transported in accordance with the court order; and
(iii) the person transports the item directly to the law enforcement unit, barracks, or station.
(c) Preexisting local laws. -- To the extent that a local law does not create an inconsistency with this section or expand existing regulatory control, a county, municipal corporation, or special taxing district may exercise its existing authority to amend any local law that existed on or before December 31, 1984.
(d) Discharge of firearms. --
(1) Except as provided in paragraph (2) of this subsection, in accordance with law, a county, municipal corporation, or special taxing district may regulate the discharge of handguns, rifles, and shotguns.
(2) A county, municipal corporation, or special taxing district may not prohibit the discharge of firearms at established ranges.
HISTORY: An. Code 1957, art. 27, § 36H; 2002, ch. 26, § 2; 2010, ch. 712.
coinboy
Yeah, Sweet Lemonade.
Does anyone have access to the original AG opinion on this? Either an accessible picture of link?
It looks as though the link is now unavailable.
It looks as though the link is now unavailable.
BartExp
Ultimate Member
I printed a copy and put it under the foam in my range pistol cases. I did this long before i got my permit. If the issue ever came up I would have the documentation right there with me.
I’m sure there are plenty of MSP QHIC who will tell you it’s illegal.
Be prepared
Be prepared
Kman
Blah, blah, blah
You're naughty.
I like you.
Jimgoespewpew
Ultimate Member
I thought this thread was about issues of Hustler with the pages stuck together. Joke's on me I guess.
PapiBarcelona
Ultimate Member
- Jan 1, 2011
- 7,362
I have some friends who can't unsubscribe to fuddlore spam. You know the type. Firearms are only ever loaded when you got the trophy buck in the cross hairs or at the range. Their shtick is showing up at a range with their firearms in the OEM cases, complete with original paper manuals. Have to spend minutes on end finding stuff, loading mags, fidgeting, and waiting for you to lead them. Just about everytime they shoot, they pause, lower gun/tilt their head and look at the target.
I think they would get a lot better if they practiced more but the fuddlore is still really strong. "my buddy's buddy got a huge ticket because a cop saw his hunting rifle in the back seat without an open action"
I think they would get a lot better if they practiced more but the fuddlore is still really strong. "my buddy's buddy got a huge ticket because a cop saw his hunting rifle in the back seat without an open action"
I carry a copy of this statement in each of my three vehicles.
