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Old January 6th, 2019, 10:33 PM #1
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Vehicle Transport Questions

I’ve read the law and the letters posted here in other threads from the AG and still have a few questions.

Under MD law:

Is it legal to transport a handgun and ammunition/loaded mags in the same locked container (ie a padlocked pelican type box) in the back of my SUV, specifically a Tahoe, or do they need to be separate even if locked?

In the letter from the AG it sounds as if it is legal to carry a handgun in a holster on your person if it is unloaded and the ammo is out of reach and locked in a case as long as you are transporting to one of the excepted reasons/locations. Is the correct? Not planning on doing this, really more curious on the law interpretation after reading the letter.

Under FOPA:

It says if no separate compartment then either firearm OR ammo must be in a locked case, but can they both be in the same case if locked?

Sorry for the newbie questions.

Thanks
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Old January 6th, 2019, 10:39 PM #2
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Old January 6th, 2019, 10:44 PM #3
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Old January 7th, 2019, 07:30 AM #4
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My answers in red. IANAL.
Quote:
Originally Posted by Blackbeard View Post
I’ve read the law and the letters posted here in other threads from the AG and still have a few questions.

Under MD law:

Is it legal to transport a handgun and ammunition/loaded mags in the same locked container (ie a padlocked pelican type box) in the back of my SUV, specifically a Tahoe, or do they need to be separate even if locked?
Yes, legal But no separation required under the MD Statute 4-203. No lock required. MD law only stipulates unloaded in an enclosed case or enclosed holster. AG opinion on what he views as an "enclosed holster"attached below

Quote:
In the letter from the AG it sounds as if it is legal to carry a handgun in a holster on your person if it is unloaded and the ammo is out of reach and locked in a case as long as you are transporting to one of the excepted reasons/locations. Is the correct? Not planning on doing this, really more curious on the law interpretation after reading the letter.
Nothing in any statute MD or Federal states "out of reach". FOPA (Federal law) does require that in a vehicle with a trunk the firearm and ammunition be in that location unloaded but not separated.. In a vehicle without a trunk EITHER the firearm OR ammunition be in a locked case.

MD has no such requirement,


Quote:
Under FOPA:

It says if no separate compartment then either firearm OR ammo must be in a locked case, but can they both be in the same case if locked?
I would say that complies with the intent of the law. Just my opinion. IANAL

Quote:
Sorry for the newbie questions.

Thanks
I'm sure the ill informed folks who always chme in that in MD you must go directly from your home to the allowed locations. Simply not in the statute, but IMO it is prudent to do that if you can. But not in the MD statute.

These are my interpretations. Others may disagree. That's fine.
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File Type: pdf AG opinion enclosed holster.pdf (123.5 KB, 60 views)
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Old January 7th, 2019, 09:12 AM #5
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The above aligns with my understanding. Part of confusion comes from the interrelation between MD statute and FOPA. If your journey starts and ends in MD, MD law applies. If your journey starts in MD and crosses into another state, FOPA now applies. If you end your journey (or that leg) by, say, stopping at a hotel, that state law applies.
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Old January 7th, 2019, 09:18 AM #6
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Spot on
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Old January 7th, 2019, 10:00 AM #7
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It seems there’s a lot of confusion. I attended a range safety class at aafg a while back and they claim a loaded magazine even locked up in the trunk is considered the same as a loaded gun in md.
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Old January 7th, 2019, 10:03 AM #8
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No confusion. Just ignorance. They are wrong according to the AG.

Opinion attached.

A loaded mag is not only NOT a loaded gun, it can be transported in any manner you choose, as long as it's not in the firearm.

Don't get legal advice from RSO's or gun store counter guys.

IANAL either. But I did stay at a Holiday Inn Express last night!
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Old January 7th, 2019, 11:13 AM #9
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Quote:
Originally Posted by buddy357 View Post
It seems there’s a lot of confusion. I attended a range safety class at aafg a while back and they claim a loaded magazine even locked up in the trunk is considered the same as a loaded gun in md.
This was the stated opinion back in the 70s through 90s.

But no longer, due to AG written opinion.
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Old January 7th, 2019, 11:57 AM #10
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Quote:
Originally Posted by buddy357 View Post
It seems there’s a lot of confusion. I attended a range safety class at aafg a while back and they claim a loaded magazine even locked up in the trunk is considered the same as a loaded gun in md.



Agreed there is a lot of confusion, and misinformation is being spread. That is why I always refer people to 4-203 and the AG letter as Swinokur has done. The AG letter is a surprising ray of hope in this otherwise dismal landscape of 2A rights, Constitution-damning state. It should be noted that there has not exactly been a rash of unjustified shootings because MD law does not require ammo/gun separation, or a lock.


And welcome Blackbeard! Please head over to the Introductions forum and, well, introduce yourself. Lots to learn here about how bad guns are not.
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