Firearm storage in Maryland

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  • dblas

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

    My reply was to the statement that a Designated Collector letter covers transport to a friend's home, which it patently does not, per MSP and the AGs office.

    As for storing firearms in a different location other than where you reside, there is no Maryland law that prohibits it.
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,087
    OK, then I'm confusing it with something else I've read that gives an owner the ability to transport firearms for exhibition purposes. Any idea what that is?

    You are thinking of the phrase "bona fide collector" which the Deisgnated Collector does NOT make you, per both MSP and the AGs office. If you do a search on this board you will find various copies of said opinions from both organizations.

    I thought that was the DC letter as well.

    See my reply to CG.
     

    ras_oscar

    Ultimate Member
    Apr 23, 2014
    1,666
    Now define "bona fide collector". This has nothing to do with designated collector. The DC letter has one sole purpose and creating a special transportation clause isn't it.

    Collector: from the google machine:

    Miriam Webster Collector: one who makes a collection.

    I would think that a designated collector letter would be useful in forming an affirmative defense to a charge of illegal transport if one were traveling to a friend's house for an informal display.
     

    PowPow

    Where's the beef?
    Nov 22, 2012
    4,712
    Howard County
    Collector: from the google machine:

    Miriam Webster Collector: one who makes a collection.

    I would think that a designated collector letter would be useful in forming an affirmative defense to a charge of illegal transport if one were traveling to a friend's house for an informal display.

    infringe: act so as to limit or undermine (something); encroach on.

    Obviously courts and lawmakers don't consult the dictionary that often.
     

    KJackson

    Ultimate Member
    MDS Supporter
    Apr 3, 2017
    8,614
    Carroll County
    Collector: from the google machine:

    Miriam Webster Collector: one who makes a collection.

    I would think that a designated collector letter would be useful in forming an affirmative defense to a charge of illegal transport if one were traveling to a friend's house for an informal display.

    However, the courts may take a different view on your idea of an "informal display" meaning stored in a safe at that location. Especially if the person who lives there does not have access to the guns.
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,087
    Collector: from the google machine:

    Miriam Webster Collector: one who makes a collection.

    I would think that a designated collector letter would be useful in forming an affirmative defense to a charge of illegal transport if one were traveling to a friend's house for an informal display.

    Until the prosecutor presents both the notification from MSP and the determination from the MDAG that states that the Designated Collector letter IS NOT meant to convey a status of bonifide collector, then you are completely screwed.
     

    ComeGet

    Ultimate Member
    Sep 1, 2015
    5,911
    You are thinking of the phrase "bona fide collector" which the Deisgnated Collector does NOT make you, per both MSP and the AGs office. If you do a search on this board you will find various copies of said opinions from both organizations.



    See my reply to CG.

    Yep, that's the source of confusion. And, dang, I did search but did not find. I'll try again. Thanks.

    This also has probably already been addressed, but if "bona fide collector" is included in the statute, is it defined anywhere or how one becomes one? From the conversation, I'm guessing the answer is no to both.
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,394
    Westminster USA
    And to add to the confusion, there has been no court case to give any guidance or interpretation of the meaning of Bona Fide.

    Just the way the MGA wanted it I’m sure .
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,394
    Westminster USA
    The term Bona Fide is used in the transportation statute 4-203

    (3) 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;

    (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;
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    Collector: from the google machine:

    Miriam Webster Collector: one who makes a collection.

    I would think that a designated collector letter would be useful in forming an affirmative defense to a charge of illegal transport if one were traveling to a friend's house for an informal display.

    When your "collection" contains one firearm???

    :D
     

    fidelity

    piled higher and deeper
    MDS Supporter
    Aug 15, 2012
    22,400
    Frederick 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?
    I quickly skimmed through the thread. Even considering new law passed this legislative session on temporary transfers or loans (iirc), as long as the person who has access to the safe is not prohibited (insofar as a reasonable person would infer), there should be no problem storing your firearms in their safe.

    If it's a family member's home (where you occasionally stay), I doubt that there would be an effort to pinch you on transport laws even if you didn't pack your toothbrush and a change of clothes when bringing your guns there. However, I would guess that it's even more of a moot issue, if you travel in the same vehicle from your residence to theirs, or you load up the trunk of the family member's car at your place if you're going in separate vehicles. No need to do something complicated like meet at the range or go to the gun store (e.g. near their place) if they travel with you from your home. They are then transporting firearms to their home, which is legal.

    Eta: I'm discussing legally possessed handguns in the above (transported in enclosed cases, and unloaded) - not banned long guns - nor magazines over 10 rds in capacity. As per long guns that one can legally transfer in MD, there should no restrictions in driving them (unloaded) yourself of course.

    Sent from my Pixel XL using Tapatalk
     

    fidelity

    piled higher and deeper
    MDS Supporter
    Aug 15, 2012
    22,400
    Frederick County
    Well here's at least one risk of storing elsewhere ...

    https://www.mdshooters.com/showthread.php?t=234784

    Of course the other property could be robbed, there could be a fire, etc - same sort of risks at one's own place - but at least you're not necessarily at risk for the actions of another (should you currently live on your own).

    Sent from my Pixel XL using Tapatalk
     

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