Matlack
Scribe
- Dec 15, 2008
- 8,558
That has been the general legal advice from lawyers forever. The key to their advice is not accessible.
Moving from MD to FL and will be transporting firearms and ammo. Need advice
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That has been the general legal advice from lawyers forever. The key to their advice is not accessible.
Your advise is completely wrong on all counts....
Only if you are carrying concealed. There is absolutely no state that has duty to inform when transporting firearms.
Yep, they do, but a traffic stop DOES NOT meet that level of suspicion.
This is the only piece of advise you got right.
The paranoia towards police is staggering sometimes.
I read and review the firearms laws almost weekly, they are not easy to understand and many are just silly, but they are The laws. I also have long conversations with friends in law enforcement I am fortunate enough to be able to talk to. The majority would rather answer your questions than have you get in trouble.
I Revert to my first statement, get advice from a lawyer, a LEO, or read the law yourself. Don’t take legal advice from an Internet forum
TD
I read and review the firearms laws almost weekly, they are not easy to understand and many are just silly, but they are The laws. I also have long conversations with friends in law enforcement I am fortunate enough to be able to talk to. The majority would rather answer your questions than have you get in trouble.
I Revert to my first statement, get advice from a lawyer, a LEO, or read the law yourself. Don’t take legal advice from an Internet forum
TD
- Feb 4, 2013
- 28,175
If you want to be protected under FOPA, then either the firearms or the ammo must be in a locked case, if there is no trunk.
- Feb 4, 2013
- 28,175
My point is, if you transit states, and want the protections under FOPA 86, you need to follow the requirements of FOPA.
If you do not care, carry them anyway you want.
huesmann
n00b
One of those long Pelicans that are used for electric guitars: https://www.pelican.com/us/en/discover/1745-long-case/
(well, lookit that, one of the pics is with gun stuff in it)
Instead of plastering it with Colt/LWRC/whatever stickers, plaster with Marshall/Gibson/Fender etc. stickers.
Matlack
Scribe
- Dec 15, 2008
- 8,558
Excuse me? You dont need to get ignorant over something when discussing it. If you think I am wrong provide a citation and not just your conjecture. Better yet, here is the law as written from FOPA:
"§ 926A. Interstate transportation of firearms
"Any person not prohibited by this chapter from transporting,
shipping, or receiving a firearm shall be entitled to transport an
unloaded, not readily accessible firearm in interstate commerce
notwithstanding any provision of any legislation enacted, or any
rule or regulation prescribed by any State or political subdivision
thereof".
Doesnt say that if you are driving an SUV with no trunk it must be cased. It says, not readily accessible. Now if you have judicial precedent that imposes that, I would be happy to read it and learn something new. Otherwise, dont be a dick. Either way, I suggested a case that does not suggest what is in it.
esqappellate
President, MSI
- Feb 12, 2012
- 7,408
That quote is incorrect. Here is the full quote of Section 926A:
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.
Now worries about proper transport, as others have said. Congrats and Godspeed in your escape to freedom!
Matlack
Scribe
- Dec 15, 2008
- 8,558
You had me wondering what I did wrong, because I swore I grabbed it from .gov. In fact I grabbed it from govtrack.us. So yes, that is the correct current verbiage. So I stand corrected, that in the case of an SUV without a separate compartment, either the firearm OR ammunition must be locked. Not both.
Matlack
Scribe
- Dec 15, 2008
- 8,558
Yes, ammo in a magazine is considered a loaded firearm. And you may only go to and from designated locations. But if you are moving, it does not apply.
esqappellate
President, MSI
- Feb 12, 2012
- 7,408
Incorrect. In MD, the mag may be loaded as long as it isn't in the gun. See attached. Section 926A preempts MD law only for "transport." If you are not "transporting" then arguably Section 926A does not apply. Remember, Section 926A is an affirmative defense. You have to allege and prove that you have satisfied each of its elements.
Which state?
Matlack
Scribe
- Dec 15, 2008
- 8,558
I haven't seen that opinion before. However, dont opinions from SA become null once they leave office? I remember reading that somewhere.
esqappellate
President, MSI
- Feb 12, 2012
- 7,408
Bowen is not a States Attorney; he is from the State AG's office (Frosh). These kinds of informal opinions are not binding and are not the law, they are merely an interpretation of the law. That is also true for formal AG opinions. In this case, Bowen is merely opining on the state of MD law as he reads it.
Matlack
Scribe
- Dec 15, 2008
- 8,558
I understand that. SA and AG opinions are basically, we will/won't prosecute that because we read the law this way. Hence my question, don't SA opinions become null once they leave office? If you are prosecuted for something, the judge doesn't give 2 craps what the opinion said. I have repeatedly said, the only opinion that matters is the judge before you. And I stand by that. It doesn't matter what precedent was set before either. He can change precedent or overwrite the law.
esqappellate
President, MSI
- Feb 12, 2012
- 7,408
Well, no, as they had no binding legal effect to begin with. The SA could change his mind tomorrow and he/she can't be estopped from prosecuting. And the judge need not give it any weight either. What those opinions ARE good for is that they may bear on the defendant's mens rea where mens rea is relevant under that statutory scheme. See e.g., Chow v. State and MD Code Public Safety 5-144.
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