Go Back   Maryland Shooters > Gun Rights and Legislation > Maryland 2A Issues
Don't Have An Account? Register Here

Join MD Shooters

Reply
 
Thread Tools Display Modes
Old September 18th, 2019, 12:11 PM #91
andy41567 andy41567 is offline
Member
 
Join Date: Oct 2018
Posts: 165
andy41567 andy41567 is offline
Member
 
Join Date: Oct 2018
Posts: 165
Quote:
Originally Posted by rbird7282 View Post
Please stop with this nonsense. MD law DOES NOT say that you can’t stop for gas or drive thru, etc. while carrying or transporting.


Sent from my iPhone using Tapatalk
sorry! I read this on Maryland Gun Laws .us
thats where i got that from!

Federal Law on Transporting Firearms:§ 926A.Interstate Transportation of FirearmsNotwithstanding 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.Note:If you travel through MD with the firearm unloaded and secured you are covered under Federal law. If you interrupt your trip while in Maryland, you come under state law, and may not transport a handgun even unloaded and cased, except to a few designated destinations (range, residence, etc.) without a Maryland Permit.These restrictionson transportation do not apply to long guns.


Then i read this!

Criminal Law § 4-203. Wearing, carrying, or transporting handgun Westlaw Link 4-203(a)Prohibited. --(1)Except as provided in subsection (b) of this section, a person may noti)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 lotgenerally used by the public, highway, waterway, or airway of the State;(b)Exceptions. --This section does not prohibit3)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;(4)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;(5)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;(6)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;

so i was sure i could not stop for gas. Am i wrong?
andy41567 is offline   Reply With Quote
Old September 18th, 2019, 12:15 PM #92
Occam Occam is offline
Recovering Lurker
 
Join Date: Feb 2018
Location: Montgomery County
Posts: 5,433
Occam Occam is offline
Recovering Lurker
 
Join Date: Feb 2018
Location: Montgomery County
Posts: 5,433
Quote:
Originally Posted by andy41567 View Post
Federal Law on Transporting Firearms:§ 926A.Interstate Transportation ... If you interrupt your trip while in Maryland ... so i was sure i could not stop for gas. Am i wrong?
Presuming this is your train of thought: no, you're wrong. That "trip interruption" refers to your transit through Maryland under FOPA protection turning into a STOP in Maryland, like over night at a hotel. Such that MD becomes (temporarily) your destination, rather than a state you're passing through on your way to wherever you're going that allows you to have that pistol with you.
Occam is offline   Reply With Quote
Old September 18th, 2019, 12:47 PM #93
dblas dblas is offline
Senior Member
 
Join Date: Apr 2011
Posts: 8,507
dblas dblas is offline
Senior Member
 
Join Date: Apr 2011
Posts: 8,507
Quote:
Originally Posted by ironpony View Post
This is what I am understanding is illegal if done while carrying legally.



Keyword here is "carry".



IIRC, somehow during the stop they asked the wife something like "Where is the gun?" (fishing) and she knew he carried in their home state (legally)so her answer may have been "in the glove box" and I think this is why they thought there was a gun? and not by data search/DL scan. Also, there was never a firearm in this car in MD. That was a while ago so my memory could be off.
Pretty close, traffic stop for speeding and unsafe lane changes, provided DL, carry permit was behind it in wallet. Officer saw it, and asked if any firearms in the vehicle, driver said no, wife said, he usually keeps one in the glove box.

You got the high points, not bad.
__________________
"If it pleases the crown"
dblas is offline   Reply With Quote
Old September 18th, 2019, 12:49 PM #94
dblas dblas is offline
Senior Member
 
Join Date: Apr 2011
Posts: 8,507
dblas dblas is offline
Senior Member
 
Join Date: Apr 2011
Posts: 8,507
Quote:
Originally Posted by andy41567 View Post
sorry! I read this on Maryland Gun Laws .us
thats where i got that from!

Federal Law on Transporting Firearms:§ 926A.Interstate Transportation of FirearmsNotwithstanding 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.Note:If you travel through MD with the firearm unloaded and secured you are covered under Federal law. If you interrupt your trip while in Maryland, you come under state law, and may not transport a handgun even unloaded and cased, except to a few designated destinations (range, residence, etc.) without a Maryland Permit.These restrictionson transportation do not apply to long guns.


Then i read this!

Criminal Law § 4-203. Wearing, carrying, or transporting handgun Westlaw Link 4-203(a)Prohibited. --(1)Except as provided in subsection (b) of this section, a person may noti)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 lotgenerally used by the public, highway, waterway, or airway of the State;(b)Exceptions. --This section does not prohibit3)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;(4)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;(5)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;(6)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;

so i was sure i could not stop for gas. Am i wrong?
Yes, you are incorrect, same with your assumption of becoming broke down by the side of the road, or picking up/dropping off someone to go shooting/went shooting with.
__________________
"If it pleases the crown"
dblas is offline   Reply With Quote
Old September 18th, 2019, 12:58 PM #95
andy41567 andy41567 is offline
Member
 
Join Date: Oct 2018
Posts: 165
andy41567 andy41567 is offline
Member
 
Join Date: Oct 2018
Posts: 165
Quote:
Originally Posted by Occam View Post
Presuming this is your train of thought: no, you're wrong. That "trip interruption" refers to your transit through Maryland under FOPA protection turning into a STOP in Maryland, like over night at a hotel. Such that MD becomes (temporarily) your destination, rather than a state you're passing through on your way to wherever you're going that allows you to have that pistol with you.
Quote:
Originally Posted by dblas View Post
Yes, you are incorrect, same with your assumption of becoming broke down by the side of the road, or picking up/dropping off someone to go shooting/went shooting with.
Ok! See this is what I was talking about. How things are so unclear. I was always told...never read...to always go straight to and straight home from! All i knew was what i read in them posts. But my new understanding is that i can of course load up with everything secured properly and make my drive...when the kids say "are we their yet" I can shut them up with a stop at McDonald's! LOL. And not go to jail!
andy41567 is offline   Reply With Quote
Old September 18th, 2019, 02:54 PM #96
ironpony's Avatar
ironpony ironpony is online now
@therange
 
Join Date: Jun 2013
Location: Crofton/Davidsonville
Posts: 5,235
ironpony ironpony is online now
@therange
ironpony's Avatar
 
Join Date: Jun 2013
Location: Crofton/Davidsonville
Posts: 5,235
Thanks Danb.






Got this today. I'm guessing there will be some interesting questions. I've only been to Bowie twice since being robbed @ lunchtime there, once to Home Depot and the "Patriot Picket Panera" (bumpstock bill). As a post earlier in this thread stated, they don't really know MD law well either.
Attached Images
 
__________________
ICBW
ironpony is online now   Reply With Quote
Old September 20th, 2019, 02:41 PM #97
GSXR750 GSXR750 is offline
Junior Member
 
Join Date: Nov 2012
Posts: 50
GSXR750 GSXR750 is offline
Junior Member
 
Join Date: Nov 2012
Posts: 50
such a shame this is so confusing.
GSXR750 is offline   Reply With Quote
Old September 20th, 2019, 03:30 PM #98
ironpony's Avatar
ironpony ironpony is online now
@therange
 
Join Date: Jun 2013
Location: Crofton/Davidsonville
Posts: 5,235
ironpony ironpony is online now
@therange
ironpony's Avatar
 
Join Date: Jun 2013
Location: Crofton/Davidsonville
Posts: 5,235
Quote:
Originally Posted by GSXR750 View Post
such a shame this is so confusing.


Tyranny by attorney. ?
__________________
ICBW
ironpony is online now   Reply With Quote
Old September 20th, 2019, 04:05 PM #99
PapiBarcelona PapiBarcelona is online now
Senior Member
 
Join Date: Jan 2011
Posts: 5,829
Images: 2
PapiBarcelona PapiBarcelona is online now
Senior Member
 
Join Date: Jan 2011
Posts: 5,829
Images: 2
Meh. Most public speaking "seminars" is just someone telling a bunch of people stuff they already know, don't forget to go to this website and do this, buy my book that's on sale for a one time only discounted price. Lol
PapiBarcelona is online now   Reply With Quote
Old September 25th, 2019, 09:54 AM #100
esqappellate's Avatar
esqappellate esqappellate is offline
President, MSI
 
Join Date: Feb 2012
Posts: 6,585
esqappellate esqappellate is offline
President, MSI
esqappellate's Avatar
 
Join Date: Feb 2012
Posts: 6,585
Quote:
Originally Posted by andy41567 View Post
Ok! See this is what I was talking about. How things are so unclear. I was always told...never read...to always go straight to and straight home from! All i knew was what i read in them posts. But my new understanding is that i can of course load up with everything secured properly and make my drive...when the kids say "are we their yet" I can shut them up with a stop at McDonald's! LOL. And not go to jail!
Look, there is no clear legal answer on this because the scope of 4-203 has not been tested in the courts and thus there is no case law. If you want to be perfectly safe, go directly to and from the range without any stops. If you stop you will then be dependent on the discretion of the LEO and the prosecutor. Most are reasonable. Some are not. YMMV.
__________________
This may sound like legal advice, but it isn't. Don't rely on it. Hire your own counsel.
esqappellate is offline   Reply With Quote
Reply

  Home Page > Forum List > Gun Rights and Legislation > Maryland 2A Issues


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump


All times are GMT -4. The time now is 02:00 PM.


Powered by vBulletin® Version 3.8.9
Copyright ©2000 - 2019, vBulletin Solutions, Inc.
© 2019, Congregate Media, LP Privacy Policy Terms of Service