Firearm storage in Maryland

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  • rockstarr

    Major Deplorable
    Feb 25, 2013
    4,592
    The Bolshevik Lands
    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?
     

    K31

    "Part of that Ultra MAGA Crowd"
    MDS Supporter
    Jan 15, 2006
    35,632
    AA county
    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?

    Long guns or hand guns?
     

    tmo8320

    Active Member
    Mar 31, 2019
    296
    Sorry - I am 100% not an attorney.

    I store my weapon at my local range that offers vault storage (since my building does not allow firearms or ammo).
    I am sure that the state or Fed Gov has rules about weapon storage (especially if they are NFA items).

    Hopefully more knowledgeable members weigh in.
    Frankly, I'd like to know for my own edification.
     

    rbird7282

    Ultimate Member
    MDS Supporter
    Dec 6, 2012
    18,533
    Columbia
    AFAIK that is perfectly legal. (Obviously as long as they are not prohibited)


    Sent from my iPhone using Tapatalk
     

    Bob A

    όυ φροντισ
    MDS Supporter
    Patriot Picket
    Nov 11, 2009
    30,690
    I store my weapon at my local range that offers vault storage (since my building does not allow firearms or ammo).

    I vaguely recall that rules banning firearms in some sort of govt-sponsored housing was the subject of a court case, which found in favor of the gun owner. I can remember no details other that that.
     

    tmo8320

    Active Member
    Mar 31, 2019
    296
    Interesting opinion. I presume it in no way translates to Maryland?


    Sent from my iPhone using Tapatalk
     
    Last edited by a moderator:

    babalou

    Ultimate Member
    MDS Supporter
    Aug 12, 2013
    16,019
    Glenelg
    Gun Storage

    Kat from TomKat changed her purpose and is doing storage now in Gaithersburg, MD at her original shop, I believe. I know she got a place in VA so maybe there...

    www.tkdefenseusa.com. Site says MD gun storage @gunsitters.com
     

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    jkeys

    Active Member
    Jan 30, 2013
    665
    Storing them locked in someone else's house isn't a crime if they can't unlock them. However, it is illegal to transport hand guns to said person's house if that house isn't your residence, a FFL, or the range. More shitty MD laws at work.
     

    rbird7282

    Ultimate Member
    MDS Supporter
    Dec 6, 2012
    18,533
    Columbia
    So is this a safe the home owner or others in the house have access to? Do they have HQLs or some waiver?



    They don’t need HQL’s or a waiver. Access to the safe does t matter either unless they are prohibited


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    ComeGet

    Ultimate Member
    Sep 1, 2015
    5,911
    Storing them locked in someone else's house isn't a crime if they can't unlock them. However, it is illegal to transport hand guns to said person's house if that house isn't your residence, a FFL, or the range. More shitty MD laws at work.

    I believe that the Designated Collector letter covers transport to a friend's home.
     

    rockstarr

    Major Deplorable
    Feb 25, 2013
    4,592
    The Bolshevik Lands
    No, no it doesn't.

    Do you have an opinion on firearm storage Dan?

    Scenario would be moving guns from a cabinet to a safe, but said safe will likely weigh too much for the floor, so the proposed idea comes up of keeping safe in a more secure location at a family members house.

    Nobody in house is prohibited and they would be locked in a safe that only I have access to.

    its simply a matter of I don't want a safe falling through my floor, but don't know if the law allows me to keep them locked up in another location.
     

    ras_oscar

    Ultimate Member
    Apr 23, 2014
    1,666
    Google is your friend;

    Possess is regulated in COMAR 29.03.01.03 thus:

    A. A person may not possess a regulated firearm if the person:
    (1) Is a habitual drunkard;
    (2) Is addicted to or a habitual user of a controlled dangerous substance;
    (3) Is a fugitive from justice;
    (4) Has been convicted of:
    (a) A crime of violence;
    (b) Any violation classified as a felony in this State;
    (c) Any violation classified as a misdemeanor in this State that carries a statutory penalty of more than 2 years; or
    (d) Any violation classified as a common law offense where the person received a term of imprisonment of more than 2 years; or
    (5) Has received probation before judgment for a crime of violence, except for assault in the second degree or a case in which a person received probation before judgment for a disqualifying crime and that crime was expunged under Criminal Procedure Article, Title 10, Subtitle 1, Annotated Code of Maryland;
    (6) Has received probation before judgment for a domestically related crime, as defined in Criminal Procedure Article, §6-233, Annotated Code of Maryland, except when the crime was expunged under Criminal Procedure Article, Title 10, Subtitle 1, Annotated Code of Maryland;
    (7) Has been found not criminally responsible under Criminal Procedure Article, §3-110, Annotated Code of Maryland;
    (8) Has been found incompetent to stand trial under Criminal Procedure Article, §3-106, Annotated Code of Maryland;
    (9) Has a mental health disorder and a history of violent behavior;
    (10) Has been voluntarily admitted for more than 30 consecutive days to a mental health facility;
    (11) Has been involuntarily admitted to a mental health facility;
    (12) Is under the protection of a guardian appointed by a court under Estates of Trusts Article, §13-201(c) or 13-705, Annotated Code of Maryland, unless the appointment of the guardian was solely a result of a physical disability;
    (13) Is a respondent against whom a current non ex parte civil protection order has been entered under Family Law Article, §4-506, Annotated Code of Maryland;
    (14) Is a respondent against whom an order for protection, as defined in Family Law Article, §4-508.1, Annotated Code of Maryland, has been issued by a court of another state or a Native American tribe and is in effect;
    (15) Is younger than 30 years old and has been adjudicated delinquent by a juvenile court for committing an act that would be:
    (a) A crime of violence if committed by an adult;
    (b) A violation classified as a felony in this State if committed by an adult; or
    (c) A violation classified as a misdemeanor in this State that carries a statutory penalty of more than two years if committed by an adult; or
    (16) Is prohibited from otherwise possessing a firearm by federal or State law.


    COMAR 4-104 restricts access to firearms by a child thusly:

    (a) Definitions.-
    (1) In this section the following words have the meanings indicated.
    (2) "Ammunition" means a cartridge, shell, or other device containing explosive or incendiary material designed and intended for use in a firearm.
    (3) "Child" means an individual under the age of 16 years.
    (4) (i) "Firearm" means a handgun, rifle, shotgun, short-barreled rifle, or short-barreled shotgun, as those terms are defined in § 4-201 of this title, or any other firearm.
    (ii) "Firearm" does not include an antique firearm as defined in § 4-201 of this title.
    (b) Exceptions.- This section does not apply if:
    (1) the child's access to a firearm is supervised by an individual at least 18 years old;
    (2) the child's access to a firearm was obtained as a result of an unlawful entry;
    (3) the firearm is in the possession or control of a law enforcement officer while the officer is engaged in official duties; or
    (4) the child has a certificate of firearm and hunter safety issued under § 10-301.1 of the Natural Resources Article.
    (c) Prohibited.- A person may not store or leave a loaded firearm in a location where the person knew or should have known that an unsupervised child would gain access to the firearm.

    My brief google search found no laws requiring firearms or ammunition to be stored in a safe. I encourage you to do your own COMAR search.

    Also, even though it's not required, Its a good idea to ensure your firearms are stored in a secure manner.

    In my plain language interpretation, possess could be construed by a court as having access to in a residence. I would argue that if the safe resided in another's house and that person did not have access, they do not possession. However, it would be up to me to prove to the court that my neighbor did not have the combination to the safe. Not sure how you go about proving a negative.

    IANAL. My opinions are mine alone. I'm just a guy from the internet. If I were you I'd use the above COMAR cites as the starting points for your research.
     

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