MSP: TRAFFIC VIOLATIONS LEAD TO RECOVERY OF THREE GUNS ON I-81

ianmcall · Jan 10, 2014

The following is a news email release from the Maryland State Police.

What violations did Mr. ~~not so~~ Smartt have in terms of his firearm transportation?

To me it was obvious that he shouldn't have loaded or unloaded handguns that are uncased and unsecured. I am curious about violations in terms of his "Assault Weapon".

"Maryland State Police Press Release
01/10/2014 10:05

TRAFFIC VIOLATIONS LEAD TO RECOVERY OF THREE GUNS ON I-81
(HAGERSTOWN, MD) – A Pennsylvania man was arrested and three guns were recovered from his car after a Maryland state trooper observed him talking on a hand-held phone with no hands on the steering wheel, as he drove on I-81 in Washington County yesterday.

The accused is identified as Scott C. Smartt, 51, of Needmore, PA. He is charged with illegally transporting a handgun in a vehicle and possession of an assault weapon. He was also charged on traffic citations with not wearing a seat belt and using a hand-held phone. He was taken to the Washington County central booking facility for processing and his initial appearance before a court commissioner.

Shortly after 2:00 p.m. yesterday, a trooper and his cadet who are assigned to the Maryland State Police Commercial Vehicle Enforcement Division were patrolling on I-81 near Halfway Blvd. The trooper saw a driver and only occupant, later identified as Smartt, driving a Lincoln while using a hand-held cell phone. Smartt was not wearing a seat belt and he had no hands on the steering wheel.

After stopping the car, the trooper saw a handgun in the glove box of the vehicle when Smartt was searching for the registration. Smartt was ordered out of the car and arrested without incident. During a subsequent search of the car, troopers found a second handgun in the driver’s side door, along with a chemical spray and a set of brass knuckles. In the trunk of the car, troopers found an AK-47-style rifle, with a 30-round magazine. The rifle was unloaded, but ammunition for it was also found in the trunk. The gun found in the glove box was loaded. The gun in the driver’s door was not loaded.

None of the firearms were reported stolen. State Police firearms investigators will be conducting a follow up investigation."

SRD · Jan 10, 2014

First is "not in an enclosed case or holster",second would be "loaded".Not sure about the "assault weapon" violation,it was in the trunk and it wasn't loaded=end of story.

Fox123 · Jan 10, 2014

" He is charged with illegally transporting a handgun in a vehicle and possession of an assault weapon. "

? Illegal to simply posses an "assault weapon"?

ShallNotInfringe · Jan 10, 2014

Fox123 said:
" He is charged with illegally transporting a handgun in a vehicle and possession of an assault weapon. "

? Illegal to simply posses an "assault weapon"?

Maybe he didn't have the paperwork to show he purchased it prior to 10/1... The law is written inverted to make anyone with an assault weapon guilty until they can prove innocence.

Biggfoot44 · Jan 10, 2014

Stand by for the answer to all the speculation about "Innocent before Guilty, they've got to prove evil rifle is post Oct 1 instead of reverse" .

NateIU10 · Jan 10, 2014

Charge and Disposition Information

(Each Charge is listed separately. The disposition is listed below the Charge)
Charge No: 001Description:ASSAULT WEAPON ROSTER VIO
Statute: CR.4.303Description:ASSAULT PISTOL ROSTER VIO
Amended Date: CJIS Code:3 5250MO/PLLrobable Cause:X
Incident Date From: 01/09/2014 To: 01/09/2014 Victim Age:

Charge No: 002Description:HANDGUN IN VEHICLE
Statute: CR.4.203Description:HANDGUN IN VEHICLE
Amended Date: CJIS Code:1 0175MO/PLLrobable Cause:X
Incident Date From: 01/09/2014 To: 01/09/2014 Victim Age:

It'll be interesting to see how this one goes down, especially with MSP as the arresting agency.

SRD · Jan 10, 2014

NateIU10 said:
It'll be interesting to see how this one goes down, especially with MSP as the arresting agency.

Yep.

Transporting into Md.?
"Assault Weapon Roster Violation"
"Assault Pistol Roster Violation"

Gryphon · Jan 10, 2014

Mr. not so Smartt won't get much sympathy from me expressed on this website. I am okay with the AK in the trunk, but brass knuckles, chemical spray, a loaded gun in the glove box, another in the driver's side door? I may sound a bit judgmental (fine), but I am not saying he shouldn't be allowed to exercise his 2A Rights. What I am trying to say is we beat ourselves to death on this website trying to help one another understand and abide by all of the firearm transport laws (in and out of the State), even if we disagree with them, and this guy could apparently careless. Maybe he just drifted across the State line from PA? Frankly, and not knowing more of the details or his background, and necessarily ignoring the law, I don't think he did anything wrong. So I do wish him well, but how many of us are carrying brass knuckles and pepper spray, and transporting multiple handguns (at least one loaded in the glove box) inside our vehicles without a permit, not to mention the AK? Any one of these individual facts - not so bad - but combine them all and it at least seems like he got the attention he deserves?

CyberBat · Jan 10, 2014

How are these guns recovered? Wouldn't they actually be seized? Recovered makes it sound like he never should have had them in the first place. But there isn't any info that he illegally procured them in PA, is there? Now, there is no doubt that he didn't act in a prudent manner. But using the term recovered in the article basically says that he never should have been in possession of them in the first place - which we do not know is the case. I think seized or confiscated would have been more truthful. In any case he definitely blew it.

Mr H · Jan 10, 2014

"Recovered" is a cool little word they use now, to imply that the firearms should never have been in the wild to begin with, and were somehow improperly obtained.

Now the world is safer for it.

oy

MJD438 · Jan 10, 2014

If he was going from PA-VA (or reverse) and transporting all of the firearms in accordance with FOPA (instead of just transporting the rifle in compliance with FOPA guidelines), this would lead to a more interesting discussion, IMO. The firearms in the cabin in violation of FOPA overshadow the discussion about the "assault weapons" charges.

Matlack · Jan 10, 2014

How about the fact that he is a PA resident? I believe the interstate transport will come into play here. With that in mind I wouldnt be surprised if he sues the MSP.

Biggfoot44 · Jan 10, 2014

As a wild guess he was travelling between Pa and WV, about a 15min trip on I-81, and didn't stop at the state line to unload, and put in trunk. Posseson of spray and brass knuckles not illegal under state law. Carrying concealed , or with intent to ( varied case law) are. But no charges of 4-101 listed above.

tomgreco · Jan 10, 2014

In common law, assault is the act of creating apprehension of an imminent harmful or offensive contact with a person. As an inanimate object, a rifle is incapable of assaulting anything. The PERSON yielding the rifle may be assaulting something/someone, but the rifle is simply the tool the PERSON is using. Rifles can't assault anything!

Boom Boom · Jan 10, 2014

I think MSP logic here (correct or not) is that the guy is a PA resident, the rifle in question is (presumably) on the banned list, the rifle is not registered in MD, and the guy is transporting it in MD. It's going to be an interesting court case. It goes beyond pre-10/1 purchases. It's also a question of whether or not an unregistered, banned rifle can be legally transported in/through MD post-10/1.

Mr H · Jan 10, 2014

Rifles can't assault anything!

Not even the tender sensibilities of Liberals???

Biggfoot44 · Jan 10, 2014

Three posts while I pecked away.

As described so far Mr Smartt wasn't in compliance w/ FOPA transport method guidelines.

CyberBat · Jan 10, 2014

Mr H said:
Not even the tender sensibilities of Liberals???

There is nothing sensible about a liberal. Maybe it was their tender feelings.

fidelity · Jan 10, 2014

Anywhere close to this incident ...

http://www.mdshooters.com/showthread.php?t=141895

Perhaps they're stepping up enforcement on this stretch of roadway (e.g. pulling over for cell phone violations).

Inigoes · Jan 10, 2014

Boom Boom said:
I think MSP logic here (correct or not) is that the guy is a PA resident, the rifle in question is (presumably) on the banned list, the rifle is not registered in MD, and the guy is transporting it in MD. It's going to be an interesting court case. It goes beyond pre-10/1 purchases. It's also a question of whether or not an unregistered, banned rifle can be legally transported in/through MD post-10/1.

Unless the dude, tried to make a MG out of the AK

MSP: TRAFFIC VIOLATIONS LEAD TO RECOVERY OF THREE GUNS ON I-81

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