Rifle In Motor Vehicle ?'s

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  • JPG

    Ultimate Member
    Aug 5, 2012
    7,042
    Calvert County
    Why can't MSP have a FAQ regarding these things? It would make it easer on everyone, including the Police.
     

    Jim12

    Let Freedom Ring
    MDS Supporter
    Jan 30, 2013
    34,033
    Why can't MSP have a FAQ regarding these things? It would make it easer on everyone, including the Police.

    Largely because that would remove some of the fear, uncertainty, and doubt that the Maryland State Government wants all gun owners to feel, thereby discouraging gun ownership and exercise of one's 2A rights.

    If people can be kept in a state of anxiety over whether they've inadvertently broken the law, they're easier to control.
     

    mopar92

    Official MDS Court Jester
    May 5, 2011
    9,513
    Taneytown
    Why can't MSP have a FAQ regarding these things? It would make it easer on everyone, including the Police.

    Because if MSP had half an idea what the fvck they where doing with firearms, then they would be much more effective in regards to firearms laws and we wouldn't be in the mess we're in currently.

    Always remember MSP's motto "we enforce traditions, not laws"
     

    crashmore

    Member
    Dec 28, 2008
    51
    Maryland
    Interesting. When I took the wear and carry course, we went in depth the illegality of loaded mags.


    Over the years I have heard so many different people offer their own take on how to transport firearms legally. I’m not surprised so may police officers, gun shops, instructors themselves aren’t clear on the point. Best to go read the actual law yourself rather than playing this terrible version of telephone.
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,462
    Westminster USA
    Gun Laws in Maryland are dumb. I agree that the attorney general has stated that loaded mags are legal as long as they the hand gun and the mags are not readily accessible but the problem is a lot of Maryland State Police officers will tell you that it is not. Be safe.

    Other than the requirement that handguns be transported in an enclosed case or holster, there is nothing in the MD statute that requires the magazines be transported that way, nor is there any prohibition on them being carried together.

    However the federal statute 926A (FOPA) does require the firearm be in your trunk or if no trunk, either the ammo or the firearm be in a locked case. FOPA also does not require separation of guns and ammo if a trunk is available for transport.

    Per the MD AG, FOPA has no bearing on trips that begin and end in MD.

    IANAL
     

    ironpony

    Member
    MDS Supporter
    Jun 8, 2013
    7,239
    Davidsonville
    Maxpedition pistol case, holds 9 loaded mags with pistol in opposite zippered side, no lock, behind the seat of a pickup, for transportation only, w/collector status. ?


    Sorry, I know this type thread can go on for a while, and has many times, just a good morning to swinokur who I have found to be one of the more knowledgeable on this subject. :)
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,462
    Westminster USA
    Completely legal, even with out the DC letter.

    With the caveat that you are engaged in one of the allowed activities specified in 4-203

    G'day sir.
     

    sgt23preston

    USMC LLA. NRA Life Member
    May 19, 2011
    4,004
    Perry Hall
    I know it's probably been discussed ad nauseam but I can't find anything current.

    As I understand it, in MD, you can legally have a long gun, even an AR, anywhere in your vehicle, cased or uncased, as long as it's unloaded. And also legal to have loaded mags for said gun anywhere in the vehicle.

    Am I correct in my understanding ?

    IF your interest is in avoiding legal troubles,

    It is best if the rifle is in a case in the trunk of you car & out of sight...

    Similarly empty magazines & boxed ammo stored out of sight & in the trunk could save you some UN-necessary trouble...

    It all depends on WHY you are transporting it...
     

    IronEye

    Active Member
    MDS Supporter
    Feb 10, 2018
    796
    Howard County
    To avoid legal trouble I printed the single page AG opinion (Bowman) concerning loaded magazines. This is stored under the foam in my lock boxes.
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    Because some CCW instructors don’t know the details of the AG ruling, just like some of the people who work in gun shops don’t.

    Also, this WAS the posture of the AG and MSP in the 90s.

    Some people just don't keep up.
     

    tmd99

    Active Member
    Aug 22, 2015
    446
    Frederick
    Other than the requirement that handguns be transported in an enclosed case or holster, there is nothing in the MD statute that requires the magazines be transported that way, nor is there any prohibition on them being carried together.

    However the federal statute 926A (FOPA) does require the firearm be in your trunk or if no trunk, either the ammo or the firearm be in a locked case. FOPA also does not require separation of guns and ammo if a trunk is available for transport.

    Per the MD AG, FOPA has no bearing on trips that begin and end in MD.

    IANAL

    Not an expert on FOPA, but have a question for clarity. it appears to be a defense to restrictive state laws a traveler may travel through. Is this correct? It does not create a criminal offense for breaching it, just acts as a shield for someone transporting through a state with more restrictive laws? In other words, in States that have laws permitting firearms to be transported with less restrictions that FOPA, this is ok to do, even if the traveler is engaging in interstate travel? Stated another way, it is not mandatory to comply with FOPA while travelling unless you travel through States that have restrictions on the transport of firearms greater than what is provided by FOPA? I think i answered my own question and it sounds reasonable but since i do not deal with this statute on a regular basis, just seeking some clarity.
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,462
    Westminster USA
    Yes, I agree. FOPA was designed to protect via an affirmative defense against states with more restrictive laws that either your origin or destination state.

    If a state has less restrictive laws than FOPA, then you may carry in accordance with those laws.

    As an example, if travelling through VA, OC in your car is perfectly legal. CCW without a permit would not.

    IANAL
     

    tmd99

    Active Member
    Aug 22, 2015
    446
    Frederick
    Yes, I agree. FOPA was designed to protect via an affirmative defense against states with more restrictive laws that either your origin or destination state.

    If a state has less restrictive laws than FOPA, then you may carry in accordance with those laws.

    As an example, if travelling through VA, OC in your car is perfectly legal. CCW without a permit would not.

    IANAL

    :thumbsup::thumbsup::thumbsup:
     

    IronEye

    Active Member
    MDS Supporter
    Feb 10, 2018
    796
    Howard County
    This only addresses loaded handgun magazines but this is the letter that I carry in my gun boxes.
     

    Attachments

    • MDAGOpinionLoadedMagInVehicle.pdf
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    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,462
    Westminster USA
    Primarily because the transport statute 4-203 addresses transportation of handguns, not long guns. It's a little ambiguous.

    The DNR statute 10-410(c) is not ambiguous. It allows carry of loaded magazines if not in the firearm and is not limited to hunting as previously postulated.
     

    AlanInSilverSpring

    Banned
    BANNED!!!
    Apr 25, 2017
    1,645
    IF your interest is in avoiding legal troubles,

    It is best if the rifle is in a case in the trunk of you car & out of sight...

    Similarly empty magazines & boxed ammo stored out of sight & in the trunk could save you some UN-necessary trouble...

    It all depends on WHY you are transporting it...

    For me the WHY would be self defense, and it definitely would NOT be out in plain view and would be in a case. I'm leaning heavily towards the sub2k, folded in a small case under the seat, and loaded mags in the center console.
     

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