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Old January 16th, 2015, 06:27 AM #1
revo357 revo357 is offline
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Gun Transport in MD

I'm looking for links to an official site (MSP or .gov) or document that outlines the way guns are to be transported in MD. The reason I want links is that I want to print out the text and have it with me in case I get pulled over while headed to/from the range/gun store and the officer is not familiar with the laws.

I'm looking for clarification on every aspect.
Does the gun have to be locked or just in a case or holster?
Separate from ammo. Gun in one bag and ammo in another good enough?
Can they both be in a large range bag just in different, separate compartments?
How does one transport in an SUV? Just throw everything in the way back?
Do magazines have to be unloaded? If unloaded do they still have to be separate from the gun?

I know that in MD you can only transport to/from gun store, shooting event, residences, etc. How does that apply when I go out of state? If I go to a range in VA, can I have dinner out there, hang out with friends, etc and then go back home to MD and go straight home after crossing the MD border?
I assume if I cross the MD border at 1am, that may be hard to justify coming straight from a gun range, or would it be okay? I guess there are ranges in VA that would take hours to get to and from so that may be okay?

Also, I assume the rules we need to follow around MD are valid for out of state visitors? If a buddy from VA comes to MD to go to the range, same rules apply? Can VA visitor bring in his own magazines over 10 rounds?

Thanks in advance for the links. Comments are welcome!
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Old January 16th, 2015, 08:15 AM #2
ras_oscar ras_oscar is offline
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MD law only applies within the boundaries of MD. Once you leave the state you are bound by the laws of the state you enter and this:


"Under FOPA, notwithstanding any state or local law, a person is entitled to transport a firearm from any place where he or she may lawfully possess and carry such firearm to any other place where he or she may lawfully possess and carry it, if the firearm is unloaded and locked out of reach. In vehicles without a trunk, the unloaded firearm must be in a locked container other than the glove compartment or console. Ammunition that is either locked out of reach in the trunk or in a locked container other than the glove compartment or console is also covered." which is the NRA summary of the federal statute. I believe this applies when you are making a "peaceable journey" through a state. (from https://www.nraila.org/articles/2014...transportation)

When I go to the range I have my firearms In a locked range bag and my ammunition in a separate locked ammo box. Both containers go in the rear of my SUV. I go from my residence to the range and back to my residence, no stops. This complies with both statutes and makes me feel safe. I believe it exceeds the MD requiremets for in-sate transport

The MD transport statute is found here:

http://law.justia.com/codes/maryland...gcr/4-203.html


and first prohibits transport in a vehicle, then carves out specific exceptions which include:

"the carrying of a handgun on the person or in a vehicle while the person is transporting the handgun to or from the place of legal purchase or sale, or to or from a bona fide repair shop, or between bona fide residences of the person, or between the bona fide residence and place of business of the person, if the business is operated and owned substantially by the person if each handgun is unloaded and carried in an enclosed case or an enclosed holster;

the wearing, carrying, or transporting by a person of a handgun used in connection with an organized military activity, a target shoot, formal or informal target practice, sport shooting event, hunting, a Department of Natural Resources-sponsored firearms and hunter safety class, trapping, or a dog obedience training class or show, while the person is engaged in, on the way to, or returning from that activity if each handgun is unloaded and carried in an enclosed case or an enclosed holster;

The moving by a bona fide gun collector of part or all of the collector's gun collection from place to place for public or private exhibition if each handgun is unloaded and carried in an enclosed case or an enclosed holster;

the wearing, carrying, or transporting of a handgun by a person on real estate that the person owns or leases or where the person resides or within the confines of a business establishment that the person owns or leases;
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Old January 16th, 2015, 08:41 AM #3
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Thanks! What is considered a loaded gun in MD? I've heard that different states have different definitions. Is a loaded magazine considered a loaded gun? Can I have loaded magazines separate from the gun when I transport or do magazines have to be unloaded?
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Old January 16th, 2015, 08:59 AM #4
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Magazines can be loaded, but not in the gun. A loaded magazine IN a gun, even without a chambered round, is considered a loaded gun.
All my handguns and loaded mags go in my range bag, but mags are in a separate zippered compartment. Whole thing goes in the trunk.


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Old January 16th, 2015, 09:02 AM #5
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Quote:
Originally Posted by ras_oscar View Post
MD law only applies within the boundaries of MD. Once you leave the state you are bound by the laws of the state you enter and this:


"Under FOPA, notwithstanding any state or local law, a person is entitled to transport a firearm from any place where he or she may lawfully possess and carry such firearm to any other place where he or she may lawfully possess and carry it, if the firearm is unloaded and locked out of reach. In vehicles without a trunk, the unloaded firearm must be in a locked container other than the glove compartment or console. Ammunition that is either locked out of reach in the trunk or in a locked container other than the glove compartment or console is also covered." which is the NRA summary of the federal statute. I believe this applies when you are making a "peaceable journey" through a state. (from https://www.nraila.org/articles/2014...transportation)

When I go to the range I have my firearms In a locked range bag and my ammunition in a separate locked ammo box. Both containers go in the rear of my SUV. I go from my residence to the range and back to my residence, no stops. This complies with both statutes and makes me feel safe. I believe it exceeds the MD requiremets for in-sate transport

The MD transport statute is found here:

http://law.justia.com/codes/maryland...gcr/4-203.html


and first prohibits transport in a vehicle, then carves out specific exceptions which include:

"the carrying of a handgun on the person or in a vehicle while the person is transporting the handgun to or from the place of legal purchase or sale, or to or from a bona fide repair shop, or between bona fide residences of the person, or between the bona fide residence and place of business of the person, if the business is operated and owned substantially by the person if each handgun is unloaded and carried in an enclosed case or an enclosed holster;

the wearing, carrying, or transporting by a person of a handgun used in connection with an organized military activity, a target shoot, formal or informal target practice, sport shooting event, hunting, a Department of Natural Resources-sponsored firearms and hunter safety class, trapping, or a dog obedience training class or show, while the person is engaged in, on the way to, or returning from that activity if each handgun is unloaded and carried in an enclosed case or an enclosed holster;

The moving by a bona fide gun collector of part or all of the collector's gun collection from place to place for public or private exhibition if each handgun is unloaded and carried in an enclosed case or an enclosed holster;

the wearing, carrying, or transporting of a handgun by a person on real estate that the person owns or leases or where the person resides or within the confines of a business establishment that the person owns or leases;
Don't mean to thread jack here but what about long guns? I read through the link you provided and everything specifies handguns. What about rifles and shotguns?
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Old January 16th, 2015, 10:15 AM #6
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The MD statute applies to handguns. Long guns can be transported unloaded without the handgun restrictions.

Loaded mag opinion from the MD AG.

IANAL
.
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File Type: pdf MD AG Opinion Loaded mags.pdf (37.5 KB, 251 views)
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Old January 16th, 2015, 10:20 AM #7
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In VA, as long as the gun is not concealed on your person, it's legal to have in your car without the restrictions MD places on you. You do not need a permit as long as it's not concealed on your person.

Transport in your glove box or console is also legal.

And the gun may be loaded.

IANAL.
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Old January 16th, 2015, 10:30 AM #8
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Quote:
Originally Posted by swinokur View Post
The MD statute applies to handguns. Long guns can be transported unloaded without the handgun restrictions.

Loaded mag opinion from the MD AG.

IANAL
.
.
Thank you for the reply. So long guns have no restrictions? In other words, can I throw my 22 rifle and 12ga shotgun in the trunk before work, leave them in the car while at work, hit the range after work, stop for dinner, etc?
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Old January 16th, 2015, 10:32 AM #9
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You can but IANAL, so don't take this post as legal advice because it's not.

Make sure the firearms are unloaded.

IANAL
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Old January 16th, 2015, 10:36 AM #10
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Quote:
Originally Posted by swinokur View Post
You can but IANAL, so don't take this post as legal advice because it's not.

Make sure the firearms are unloaded.

IANAL
I've looked for something official, something that if needed, I could point to or produce as proof that this isn't an issue but haven't found anything. I guess "a guy on the internet says it's ok" probably wouldn't cut it.
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