Firearm storage in Maryland

rtruhn · Apr 24, 2019

rockstarr said:
I am looking for guidance on storage law.

Am I able to store some of my collection at a family members house, inside of a safe? I am not sure if that is within the law or if everything I own, needs to be at my residence.

Any legal eagles know anything about this?

This is extremely timely for me, as I am putting my house (back) on the market and considering how best to reduce the volume of my belongings overall. I have two easy-to-move safes (one key-operated, the other biometric) and my friend has offered to let me store them (and their contents) on his property. At this time, I do not intend to store magazines there (and probably no ammo either).

If I'm distilling this discussion accurately, this should be OK so long as:

I have no reason to believe anyone residing in the house is prohibited
I include only "transferable" firearms (i.e., handguns and long guns currently available for sale in MD are fine, but my M1A is not)
I don't include any NFA items because no one at that residence is part of the governing trust.

I am definitely interested in informed (and even some WAG) opinions and recommendations here. Or do you think this is BGOS BS, and that a couple of standing safes in closets would be NBD if you're trying to sell your house? (I live in western Baltimore County if that helps.)

OLM-Medic · Apr 28, 2019

ras_oscar said:
I would think that a designated collector letter would be useful in forming an affirmative defense to a charge of illegal transport if one were traveling to a friend's house for an informal display.

What if you're on travel and need to sleep at a hotel or friends house? You're saying that in Maryland you can't? What if you're heading out of state, Wouldn't FOPA cover you regardless of where you were going? That would be hard to prove though.

Bottom line, this is why you never let enemies of the constitution search your car under any circumstances.

swinokur · Apr 28, 2019

I’d be wary of trying to raise a FOPA defense while still in MD as a MD resident.

You could prove you were headed out of state but MD position might be you are a MD resident still in MD so MD statutes still apply.

OLM-Medic · Apr 28, 2019

swinokur said:
I’d be wary of trying to raise a FOPA defense while still in MD as a MD resident.

You could prove you were headed out of state but MD position might be you are a MD resident still in MD so MD statutes still apply.

So what if you're heading to a shooting class in Georgia overnight?

That still raises questions about the legality of taking it to a hotel or something. Shouldn't hotel be considered a part or your residence?

OLM-Medic · Apr 28, 2019

I mean for for all they know you could be heading to the National forest to do night shooting. That's a bonfire activity, and if you're me it's probably not a lie either.

I'm just saying, where do you draw the line?

It just goes to show you should never consent to a search or open your mouth.

Occam · Apr 28, 2019

OLM-Medic said:
I mean for for all they know you could be heading to the National forest to do night shooting. That's a bonfire activity, and if you're me it's probably not a lie either.

I think heading into a state forest at night to light a big fire and start shooting may introduce some other legal wrinkles.

OLM-Medic · Apr 28, 2019

Occam said:
I think heading into a state forest at night to light a big fire and start shooting may introduce some other legal wrinkles.

National Forest. Except in some restricted areas it's legal.

And I'm just saying...the whole law is bogus.

swinokur · Apr 28, 2019

In case of going to an out of state activity, having written proof might be helpful

dblas · Apr 28, 2019

swinokur said:
I’d be wary of trying to raise a FOPA defense while still in MD as a MD resident.

You could prove you were headed out of state but MD position might be you are a MD resident still in MD so MD statutes still apply.

FOPA applies to the states in between where you are traveling, if you start or finish your trip in Maryland, Maryland law applies.

If you happen to stop in Maryland for the night at a hotel, FOPA still applies.

dblas · Apr 28, 2019

OLM-Medic said:
So what if you're heading to a shooting class in Georgia overnight?

That still raises questions about the legality of taking it to a hotel or something. Shouldn't hotel be considered a part or your residence?

In GA, the hotel becomes your residence and GA rules apply.

My question to you is, why are the police questioning you about the handguns you are transporting to GA?

swinokur · Apr 28, 2019

If you started your trip outside MD and you stop in MD I disagree. Your trip has stopped, MD is now your destination and MD statutes apply

IANAL

dblas · Apr 29, 2019

swinokur said:
If you started your trip outside MD and you stop in MD I disagree. Your trip has stopped, MD is now your destination and MD statutes apply

IANAL

Are you referring to a trip from state A to state B with an overnight at a hotel in Maryland? If so, ATF has provided guidance that FOPA still applies.

swinokur · Apr 29, 2019

Why would BATFE be issuing legal opinions on a Federal transport statute?

The problem still remains MD may feel once you have stopped, you are no longer traveling through MD, but-that MD is now your destination

See Revell vs Port Authority of NY and NJ.

The court ruled if you stay overnight and possess the firearm the state law applies. No FOPA protection

IANAL

Pinecone · Apr 29, 2019

swinokur said:
Why would BATFE be issuing legal opinions on a Federal transport statute?

The problem still remains MD may feel once you have stopped, you are no longer traveling through MD, but-that MD is now your destination

See Revell vs Port Authority of NY and NJ.

The court ruled if you stay overnight with your Firearm the state law applies. No FOPA protection

IANAL

So to drive from Maine to CA, you need to do so non-stop?

I don't think that was the intent.

NJ/NY may THINK that is the case, but so far it has not gone to Federal court.

swinokur · Apr 29, 2019

I assume if you leave your firearm locked in your vehicle per FOPA you might be ok. That is not what happened in Revell so taking your firearm into your hotel might remove FOPA protections. In the Revell case the court ruled NY law applied not FOPA

YMMV

The court on Revell ruled he had no FOPA protection because he took possession of it and went into his hotel.

NY and NJ prohibit this. Probably fine in other states

I suppose he could take it into a hotel in MD but who knows what MD will do?

Not saying what is legal because IANAL

304tothecore · Apr 29, 2019

Why would you want to store them anywhere other than where you live? Mine are all stored in my home.

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tmo8320 · Apr 29, 2019

304tothecore said:
Why would you want to store them anywhere other than where you live? Mine are all stored in my home.

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Some of us don’t have a choice. My high rise does not permit firearms or ammo. As a result...I vault at my local range (they offer that as a service).

Another circumstance where it might make sense is if someone in the house is a prohibited person. This lets the person who wishes to exercise their 2A rights do so without putting the other person at legal jeopardy.

I am sure there are other circumstances (kids in home, spouse does not like having firearms in home, etc).

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304tothecore · Apr 29, 2019

I didnt think about prohibited persons. As far as living in an apartment that doesnt allow it: I did too, but they couldnt come in and look through my personal belongings and they have to notify you 24 hours in advance before coming in.

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ras_oscar · May 1, 2019

Pinecone said:
When your "collection" contains one firearm???

You never showed your new purchase to a friend?

ras_oscar · May 1, 2019

OLM-Medic said:
What if you're on travel and need to sleep at a hotel or friends house? You're saying that in Maryland you can't? What if you're heading out of state, Wouldn't FOPA cover you regardless of where you were going? That would be hard to prove though.

Bottom line, this is why you never let enemies of the constitution search your car under any circumstances.

FOPA only covers you when you start a trip in state A, are transiting through state B on your way to state C. State A and C are your source and destination states and you need to comply with their laws. So, for instance if you're doing a cross country trip, never schedule an overnight in states like NJ or NY. One you stop for the night the hotel room is considered your residence and you need to comply with the local laws.

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