All -
I got a question from a very good friend and while I believe his circumstance should be within the law, I'm asking a broader audience as a sanity check.
- He returns from Afghanistan on Tuesday next week.
- He is a Dept of the Navy, Civilian Employee on TDY to Defense Security Cooperation Agency
- He is on orders traveling from AFG to Camp Atterbury where hs is to turn in his issued equipment and debrief
- He arrives @ BWI on a military charter and must claim his luggage
- He spends the night at a hotel near BWI
- he boards a delta flight on Wednesday morning to Indianapolis
- when flying via Delta he will have to declare the pistol to the ticket agent, check the pistol in his checked luggage and open the case for TSA should they ask at the inspection point.
Part of his issued equipment is a 9mm handgun. The handgun and magazine(s) will be in a locked hard case and in his luggage. He will have NO AMMO
Edit to clarify concern: He is quite comfortable with the BWI/TSA part of his journey, but wanted to make sure there was nothing embedded in MD law where he needed to be concerned.
Given 4-203 (b)(ii) I believe he should be ok - but at the risk of suffering from BGOS, thought it better to check than be sorry.
Did I miss anything? Thanks in advance ---
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Maryland Criminal Law Section 4-203
Article - Criminal Law
§ 4-203.
(a) (1) Except as provided in subsection (b) of this section, a person may not:
(i) wear, carry, or transport a handgun, whether concealed or open, on or about the person;
(ii) wear, carry, or knowingly transport a handgun, whether concealed or open, in a vehicle traveling on a road or parking lot generally used by the public, highway, waterway, or airway of the State;
(iii) violate item (i) or (ii) of this paragraph while on public school property in the State; or
(iv) violate item (i) or (ii) of this paragraph with the deliberate purpose of injuring or killing another person.
(2) There is a rebuttable presumption that a person who transports a handgun under paragraph (1)(ii) of this subsection transports the handgun knowingly.
(b) This section does not prohibit:
(1) the wearing, carrying, or transporting of a handgun by a person who is on active assignment engaged in law enforcement, is authorized at the time and under the circumstances to wear, carry, or transport the handgun as part of the person's official equipment, and is:
(i) a law enforcement official of the United States, the State, or a county or city of the State;
(ii) a member of the armed forces of the United States or of the National Guard on duty or traveling to or from duty;
I got a question from a very good friend and while I believe his circumstance should be within the law, I'm asking a broader audience as a sanity check.
- He returns from Afghanistan on Tuesday next week.
- He is a Dept of the Navy, Civilian Employee on TDY to Defense Security Cooperation Agency
- He is on orders traveling from AFG to Camp Atterbury where hs is to turn in his issued equipment and debrief
- He arrives @ BWI on a military charter and must claim his luggage
- He spends the night at a hotel near BWI
- he boards a delta flight on Wednesday morning to Indianapolis
- when flying via Delta he will have to declare the pistol to the ticket agent, check the pistol in his checked luggage and open the case for TSA should they ask at the inspection point.
Part of his issued equipment is a 9mm handgun. The handgun and magazine(s) will be in a locked hard case and in his luggage. He will have NO AMMO
Edit to clarify concern: He is quite comfortable with the BWI/TSA part of his journey, but wanted to make sure there was nothing embedded in MD law where he needed to be concerned.
Given 4-203 (b)(ii) I believe he should be ok - but at the risk of suffering from BGOS, thought it better to check than be sorry.
Did I miss anything? Thanks in advance ---
----------
Maryland Criminal Law Section 4-203
Article - Criminal Law
§ 4-203.
(a) (1) Except as provided in subsection (b) of this section, a person may not:
(i) wear, carry, or transport a handgun, whether concealed or open, on or about the person;
(ii) wear, carry, or knowingly transport a handgun, whether concealed or open, in a vehicle traveling on a road or parking lot generally used by the public, highway, waterway, or airway of the State;
(iii) violate item (i) or (ii) of this paragraph while on public school property in the State; or
(iv) violate item (i) or (ii) of this paragraph with the deliberate purpose of injuring or killing another person.
(2) There is a rebuttable presumption that a person who transports a handgun under paragraph (1)(ii) of this subsection transports the handgun knowingly.
(b) This section does not prohibit:
(1) the wearing, carrying, or transporting of a handgun by a person who is on active assignment engaged in law enforcement, is authorized at the time and under the circumstances to wear, carry, or transport the handgun as part of the person's official equipment, and is:
(i) a law enforcement official of the United States, the State, or a county or city of the State;
(ii) a member of the armed forces of the United States or of the National Guard on duty or traveling to or from duty;
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