Moving from MD to FL and will be transporting firearms and ammo. Need advice

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  • JDH146

    jdh146
    Dec 26, 2009
    593
    Given that New Jersey is in the top five most restrictive States , I would use the NJSP link below as a guideline . The US Code link is the second link and is cited in the NJSP link. MSP is third.

    Good Luck with the move.


    https://www.njsp.org/firearms/transport-firearm.shtml

    https://uscode.house.gov/view.xhtml...)&f=treesort&edition=prelim&num=0&jumpTo=true

    https://pilot-mdsp.maryland.gov/Org...vestigationBureau/LicensingDivision/FAQs.aspx
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,087
    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.

    Are you actually arguing with a former federal attorney, and current practicing attorney??
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    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.

    Thank you sir. :party29:
     

    Pinecone

    Ultimate Member
    MDS Supporter
    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.

    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.

    Which is what I said in the first place.

    Your apology is accepted. :D
     

    rbird7282

    Ultimate Member
    MDS Supporter
    Dec 6, 2012
    18,531
    Columbia
    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


    Do not get advice from a LEO, they frequently don’t know the law with regard to guns. I’ve had them tell me loaded magazines are illegal, that anything over 10 rounds is illegal.
    Nothing against them at all but your best bet is to read the law yourself and if you don’t understand it talk to a lawyer who specializes in firearm law.


    Sent from my iPhone using Tapatalk
     

    rbird7282

    Ultimate Member
    MDS Supporter
    Dec 6, 2012
    18,531
    Columbia
    Guns unloaded and in a case. Ammo stored separate. If you get pulled over you have no duty to declare unless you are carrying on you.


    You have no duty to declare that you’re carrying in many states. Even if you’re carrying in a state that has that duty, that doesn’t include other firearms in the vehicle. Two separate things.


    Sent from my iPhone using Tapatalk
     

    rbird7282

    Ultimate Member
    MDS Supporter
    Dec 6, 2012
    18,531
    Columbia
    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.


    There is nothing in the MD law that says loaded magazines (not in the firearm) are illegal, therefore it is legal.


    Sent from my iPhone using Tapatalk
     

    ras_oscar

    Ultimate Member
    Apr 23, 2014
    1,666
    my understanding is in MD if you state there are firearms n the vehicle that's PC for a search. True? IANAL
     

    BigT

    Large Member
    Dec 20, 2011
    285
    Hagerstown area
    shall be contained in a locked container other than the glove compartment or console.[/B]

    Is there any place where "locked" is defined? Can it be in a pelican type case with the snaps are closed? How about a zippered gun case? Are we required to have a padlock on the cases? A zip tie keeping the zipper closed??
     

    willtill

    The Dude Abides
    MDS Supporter
    May 15, 2007
    24,317
    One solution...

    Is there any place where "locked" is defined? Can it be in a pelican type case with the snaps are closed? How about a zippered gun case? Are we required to have a padlock on the cases? A zip tie keeping the zipper closed??

    A genuine US Army duffel bag would work very well for the transport of firearms and/or ammunition in a locked container. Duffel bags have a 3 grommets in which a metal ring is feed through them, and then you can use a padlock to secure the bag.

    You can put a lot in a duffel bag...
     

    BigT

    Large Member
    Dec 20, 2011
    285
    Hagerstown area
    A genuine US Army duffel bag would work very well for the transport of firearms and/or ammunition in a locked container. Duffel bags have a 3 grommets in which a metal ring is feed through them, and then you can use a padlock to secure the bag.

    You can put a lot in a duffel bag...

    Well.. Since I don't have a "genuine US Army duffel bag" - will my genuine US Air Force duffel bags work? lol (Active duty 84 to 05..) and I still have the one I was issued.. But I think I have better options for transport.

    I am actually wondering if the law defines "locked"
     

    teratos

    My hair is amazing
    MDS Supporter
    Patriot Picket
    Jan 22, 2009
    59,775
    Bel Air
    I'll leave this here
    One has not only a legal but a moral responsibility to obey just laws. Conversely, one has a moral responsibility to disobey unjust laws.

    MLK
    An unconstitutional act is not a law; it confers no rights; it imposes no duties; it affords no protection; it creates no office; it is in legal contemplation as inoperative as though it had never been passed.

    Norton v Shelby County
     

    04RWon

    Ultimate Member
    Feb 13, 2010
    5,178
    Orlando, FL
    Welcome to Florida! What part are you moving to?

    As far as transporting. I never worry until I start crossing enemy lines. When we travel up we make a last stop at the top of VA, unload and store away. On the trip home, soon as we cross into VA, breathe fresh sort of free air and reload. Dont worry the rest of the way down.
     

    dohc97

    Active Member
    Nov 4, 2007
    782
    Derwood
    Welcome to Florida! What part are you moving to?

    As far as transporting. I never worry until I start crossing enemy lines. When we travel up we make a last stop at the top of VA, unload and store away. On the trip home, soon as we cross into VA, breathe fresh sort of free air and reload. Dont worry the rest of the way down.

    Nice to know this. I myself will be moving from MD to SC in a year or two. I will most likely rent a UHaul.
     

    miles71

    Ultimate Member
    Industry Partner
    Jul 19, 2009
    2,522
    Belcamp, Md.
    my understanding is in MD if you state there are firearms n the vehicle that's PC for a search. True? IANAL
    There is a law in Maryland that gives LEO limited search if they have reason to believe you are carrying or transporting a firearm, I dont have the details in from of me but it does exist.

    TD
    Update: here it is but looks like limited to a pat down

    §4-206.

    (a) (1) A law enforcement officer may make an inquiry and conduct a limited search of a person under paragraph (2) of this subsection if the officer, in light of the officer’s observations, information, and experience, reasonably believes that:

    (i) the person may be wearing, carrying, or transporting a handgun in violation of § 4-203 of this subtitle;

    (ii) because the person possesses a handgun, the person is or presently may be dangerous to the officer or to others;

    (iii) under the circumstances, it is impracticable to obtain a search warrant; and

    (iv) to protect the officer or others, swift measures are necessary to discover whether the person is wearing, carrying, or transporting a handgun.

    (2) If the circumstances specified under paragraph (1) of this subsection exist, a law enforcement officer:

    (i) may approach the person and announce the officer’s status as a law enforcement officer;

    (ii) may request the name and address of the person;

    (iii) if the person is in a vehicle, may request the person’s license to operate the vehicle and the registration of the vehicle;

    (iv) may ask any question and request any explanation that may be reasonably calculated to determine whether the person is unlawfully wearing, carrying, or transporting a handgun in violation of § 4-203 of this subtitle; and

    (v) if the person does not offer an explanation that dispels the officer’s reasonable beliefs described in paragraph (1) of this subsection, may conduct a search of the person limited to a patting or frisking of the person’s clothing in search of a handgun.

    (3) A law enforcement officer acting under this subsection shall take into account all circumstances of the occasion, including the age, appearance, physical condition, manner, and gender of the person approached.

    (b) (1) If the officer discovers that the person is wearing, carrying, or transporting a handgun, the officer may demand evidence from the person of the person’s authority to wear, carry, or transport the handgun in accordance with § 4-203(b) of this subtitle.

    (2) If the person does not produce the evidence specified in paragraph (1) of this subsection, the officer may seize the handgun and arrest the person.

    (c) (1) A law enforcement officer who conducts a search or seizure in accordance with this section shall file a written report with the law enforcement officer’s employer unit within 24 hours after the search or seizure.

    (2) The report shall be on a form that the Secretary of Public Safety and Correctional Services prescribes, shall include the name of the person searched, and shall describe the circumstances surrounding and the reasons for the search or seizure.

    (3) A copy of the report shall be sent to the Secretary of State Police.

    (d) On request of a law enforcement officer, the Attorney General shall defend the officer in a civil action, including any appeal, in which the officer is sued for conducting a search or seizure under this section that is alleged to be unreasonable and unlawful.

    (e) (1) This section may not be construed to limit the right of a law enforcement officer to conduct any other type of search or seizure or make an arrest that is otherwise authorized by law.

    (2) The provisions of this section are in addition to and not limited by the provisions of Title 2 of the Criminal Procedure Article.
     

    arts

    Member
    Nov 14, 2014
    63
    I would keep the ammo as far away as possible from the firearms. I would also cover all the weapons with a heavy moving blanket and put luggage on top. A traffic stop is just that. Be polite get your warning or ticket and be on your way. Exceeding the speed limit on a 14 trip to save 20 minutes is not worth the aggravation and cost of getting pulled over.
     

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