When transporting guns through MD, LOCKED Case?

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  • REL1203

    Member
    Mar 29, 2010
    5
    So I am a member of Bridgeville Rifle/Pistol Club, but live in NoVa (Have a beach house in DE), so I have to drive through MD to get there. I have only taken handguns so far. My question is, when transportin firearms through MD, do the guns need to be in HARD CASES? Also, do the cases need to be locked? Does the ammo need to be locked? In my range bag, it has padded spots for 4 pistols, can I have them inn there, and ammo in another compartment of the same bag? Can long guns be in soft cases? Do those need to be locked?
     

    Boondock Saint

    Ultimate Member
    Dec 11, 2008
    24,372
    White Marsh
    With interstate travel, you need to abide by the restrictions spelled out in the Firearm Owners Protection Act. The "safe passage" clause of the act is short (emphasis mine):

    Notwithstanding 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.

    http://www.law.cornell.edu/uscode/18/usc_sec_18_00000926---A000-.html

    Basically, unloaded and in the trunk, or unloaded and in a locked case if in a truck.
     

    mvee

    Ultimate Member
    MDS Supporter
    Dec 13, 2007
    2,487
    Crofton
    I think you would technically be OK to transport according to MD restrictions, as long as you are going between your residences.

    MD law only says the pistols must be "unloaded and carried in an enclosed case or an enclosed holster", and limits under what circumstances one can possess (bear) a handgun.

    Some police in Maryland are not very knowledgeable on gun laws so you might want to just use the locked hard cases to CYA. It probably won't happen but if you were stopped for any reason by the wrong officer, you might be arrested. I am almost certain it would not stick, but you would have to pay for your defense.

    I am not a lawyer....


    http://mlis.state.md.us/asp/statutes_Respond.asp?article=gcr&section=4-203&Extension=HTML

    §4–203.
    (a) (1) Except as provided in subsection (b) of this section, a person may not:
    (i) 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 lot generally used by the public, highway, waterway, or airway of the State;
    (iii) violate item (i) or (ii) of this paragraph while on public school property in the State; or
    (iv) violate item (i) or (ii) of this paragraph with the deliberate purpose of injuring or killing another person.
    (2) There is a rebuttable presumption that a person who transports a handgun under paragraph (1)(ii) of this subsection transports the handgun knowingly.
    (b) This section does not prohibit:
    (1) the wearing, carrying, or transporting of a handgun by a person who is on active assignment engaged in law enforcement, is authorized at the time and under the circumstances to wear, carry, or transport the handgun as part of the person’s official equipment, and is:
    (i) a law enforcement official of the United States, the State, or a county or city of the State;
    (ii) a member of the armed forces of the United States or of the National Guard on duty or traveling to or from duty;
    (iii) a law enforcement official of another state or subdivision of another state temporarily in this State on official business;
    (iv) a correctional officer or warden of a correctional facility in the State;
    (v) a sheriff or full-time assistant or deputy sheriff of the State; or
    (vi) a temporary or part-time sheriff’s deputy;
    (2) the wearing, carrying, or transporting of a handgun by a person to whom a permit to wear, carry, or transport the handgun has been issued under Title 5, Subtitle 3 of the Public Safety Article;
    (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;
    (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;
    (7) the wearing, carrying, or transporting of a handgun by a supervisory employee:
    (i) in the course of employment;
    (ii) within the confines of the business establishment in which the supervisory employee is employed; and
    (iii) when so authorized by the owner or manager of the business establishment; or
    (8) the carrying or transporting of a signal pistol or other visual distress signal approved by the United States Coast Guard in a vessel on the waterways of the State or, if the signal pistol or other visual distress signal is unloaded and carried in an enclosed case, in a vehicle.
    (c) (1) A person who violates this section is guilty of a misdemeanor and on conviction is subject to the penalties provided in this subsection.
    (2) If the person has not previously been convicted under this section, § 4-204 of this subtitle, or § 4-101 or § 4-102 of this title:
    (i) except as provided in item (ii) of this paragraph, the person is subject to imprisonment for not less than 30 days and not exceeding 3 years or a fine of not less than $250 and not exceeding $2,500 or both; or
    (ii) if the person violates subsection (a)(1)(iii) of this section, the person shall be sentenced to imprisonment for not less than 90 days.
    (3) (i) If the person has previously been convicted once under this section, § 4-204 of this subtitle, or § 4-101 or § 4-102 of this title:
    1. except as provided in item 2 of this subparagraph, the person is subject to imprisonment for not less than 1 year and not exceeding 10 years; or
    2. if the person violates subsection (a)(1)(iii) of this section, the person is subject to imprisonment for not less than 3 years and not exceeding 10 years.
    (ii) The court may not impose less than the applicable minimum sentence provided under subparagraph (i) of this paragraph.
    (4) (i) If the person has previously been convicted more than once under this section, § 4-204 of this subtitle, or § 4-101 or § 4-102 of this title, or of any combination of these crimes:
    1. except as provided in item (2) of this subparagraph, the person is subject to imprisonment for not less than 3 years and not exceeding 10 years; or
    2. A. if the person violates subsection (a)(1)(iii) of this section, the person is subject to imprisonment for not less than 5 years and not exceeding 10 years; or
    B. if the person violates subsection (a)(1)(iv) of this section, the person is subject to imprisonment for not less than 5 years and not exceeding 10 years.
    (ii) The court may not impose less than the applicable minimum sentence provided under subparagraph (i) of this paragraph.
     

    Rattlesnake46319

    Curmidget
    Apr 1, 2008
    11,032
    Jefferson County, MO
    But would Maryland force him to follow a stricter interpretation than its own laws? The federal law is meant as protection from strict state laws.

    Honestly, it would depend on the officer on the stop. We've heard of good and bad ones.

    As BDS said, if you have a car with a trunk, put it in there. If you have a truck with an open bed, locked case.
     

    SkiPatrolDude

    Ultimate Member
    MDS Supporter
    Oct 24, 2017
    3,331
    Timonium-Lutherville
    Honestly, it would depend on the officer on the stop. We've heard of good and bad ones.

    As BDS said, if you have a car with a trunk, put it in there. If you have a truck with an open bed, locked case.

    Bump on this thread.

    Would an SUV with a trunk but that is not totally "separate from the driver compartment" suffice as "separate".

    Asking because I have a 4runner and am wondering if I should prob transport in a locked case. I regularly go from Baltimore Co to my buddies land in Westminster to shoot. I am also a Designated Collector.
     

    ironpony

    Member
    MDS Supporter
    Jun 8, 2013
    7,191
    Davidsonville
    Bump on this thread.

    Would an SUV with a trunk but that is not totally "separate from the driver compartment" suffice as "separate".

    Asking because I have a 4runner and am wondering if I should prob transport in a locked case. I regularly go from Baltimore Co to my buddies land in Westminster to shoot. I am also a Designated Collector.
    I believe the general consensus is that you should be fine ... Dude.
     

    Biggfoot44

    Ultimate Member
    Aug 2, 2009
    32,884
    If I'm not mistaken, Baltimore County and Westminster are both in Maryland ? Then Maryland law applys , and FOPA is irrelevant .
     

    rbird7282

    Ultimate Member
    MDS Supporter
    Dec 6, 2012
    18,538
    Columbia
    Bump on this thread.



    Would an SUV with a trunk but that is not totally "separate from the driver compartment" suffice as "separate".



    Asking because I have a 4runner and am wondering if I should prob transport in a locked case. I regularly go from Baltimore Co to my buddies land in Westminster to shoot. I am also a Designated Collector.



    Transporting within MD does NOT require a locked case. This thread was about transporting through MD, not only within MD. Two different things


    Sent from my iPhone using Tapatalk
     

    rascal

    Ultimate Member
    Feb 15, 2013
    1,253
    As others have noted, since lots of cops don;t know, you may as well CYA and be compliant with both. May as well be FOPA complaint, and then try and also be state compliant if going through a state. FOPA trumps if you invoke it, but it is an affirmative defense (like self defense lethal force) meaning you can try and explain it to the arresting cop, but you have no right to invoke it until trial.

    MD is cased but nothing about locks. FOPA is 'container' but 'secured.' I don't see any FOPA denial based on not being hard sided. hard sided cases are less discrete than a duffel, gym bag or tool box, but maybe less likely to be seen as non-compliant by a cop.

    Unless you have a reason not to, be separately compliant with both.
     

    Rattlesnake46319

    Curmidget
    Apr 1, 2008
    11,032
    Jefferson County, MO
    Bump on this thread.

    Would an SUV with a trunk but that is not totally "separate from the driver compartment" suffice as "separate".

    Asking because I have a 4runner and am wondering if I should prob transport in a locked case. I regularly go from Baltimore Co to my buddies land in Westminster to shoot. I am also a Designated Collector.
    I'm going to break this down Barney-style.

    The concept is to make the firearm NOT readily available.

    I traveled through Maryland in a two seat pickup truck. In order to transport my firearms, pistols went in locked cases on the passenger floorboards. Rifles were cased behind the seats. Ammunition was separate.

    Was pulled over on 95 one time while transporting a pistol. Officer approached from the passenger side and was informed of the pistol. I announced all of my actions to him as I had to reach over to open the window and retrieve registration from the glove compartment.

    This was over a decade ago. I am obviously still here. The interaction went fine and I still own the aforementioned pistol.

    As stated NINE YEARS AGO, it depends on the officer AND you.

    Case it. Put it in the "way back". Use common sense. Take every possible action WITHIN REASON toward transporting in accordance with the written law. Purchasing a new vehicle in order to transport exactly as written is not within reason.

    This has been Rattlesnake's "I can't believe we're still having this discussion" response. Stay tuned next week for "Racking a shotgun slide does not make home intruders defecate themselves".
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    Bump on this thread.

    Would an SUV with a trunk but that is not totally "separate from the driver compartment" suffice as "separate".

    Asking because I have a 4runner and am wondering if I should prob transport in a locked case. I regularly go from Baltimore Co to my buddies land in Westminster to shoot. I am also a Designated Collector.

    When I transport in an SUV, I lock the box with the ammo.

    FOPA says firearm case OR ammo case must be locked.

    But FOPA really applies if the state's requirements are stricter than where you start or end. That was why it was enacted.

    So inside MD, you can comply with MD or FOPA. But once you leave MD, you need to comply with that state's laws OR FOPA.
     

    lazarus

    Ultimate Member
    Jun 23, 2015
    13,678
    When I transport in an SUV, I lock the box with the ammo.

    FOPA says firearm case OR ammo case must be locked.

    But FOPA really applies if the state's requirements are stricter than where you start or end. That was why it was enacted.

    So inside MD, you can comply with MD or FOPA. But once you leave MD, you need to comply with that state's laws OR FOPA.

    Isn’t that only if it is in the passenger compartment? If it is transported in a trunk, it is considered secured. Just don’t have ammo in the gun and have the ammo and guns separated (could both still be in the trunk).
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    Isn’t that only if it is in the passenger compartment? If it is transported in a trunk, it is considered secured. Just don’t have ammo in the gun and have the ammo and guns separated (could both still be in the trunk).

    My first line stated transport in an SUV. No trunk.

    But you are correct, if there is a separate trunk, no locks required.

    Although, my one car has a trunk, but the back seats fold down and then there is access to the trunk from the passenger compartment. So does it need to be locked or not?
     

    lazarus

    Ultimate Member
    Jun 23, 2015
    13,678
    My first line stated transport in an SUV. No trunk.

    But you are correct, if there is a separate trunk, no locks required.

    Although, my one car has a trunk, but the back seats fold down and then there is access to the trunk from the passenger compartment. So does it need to be locked or not?

    Probably not. Mine I can lock the back seats from in the trunk so they can’t be folded down from the passenger compartment. But you know, never hurts for a little overkill sometimes. Especially if driving through a full stupid state.
     

    MaxVO2

    Ultimate Member
    MDS Supporter
    Probably not. Mine I can lock the back seats from in the trunk so they can’t be folded down from the passenger compartment. But you know, never hurts for a little overkill sometimes. Especially if driving through a full stupid state.

    *****This is MD. There is the law, and there is the reality that MD is NOT a friendly 2a state. I transport my guns locked, and the ammo in a separate also locked compartment. It is not an inconvenience for me to lock both ammo and firearms when going to the range. What *would* be inconvenient is being pulled over by a police officer who is perhaps not well informed about firearm transportation laws and sees someone with unlocked firearms and ammo in the car. You can be right, but you can also be proven right after having your car towed, impounded, and a lawyer getting involved to clear your name. I'm just overly cautious about firearms and don't want there to be any doubt that I'm not a threat, etc...

    And then, there is the idiot guy who is allegedly a firearms instructor, who recommends just putting your handgun, ON your dashboard as a police officer approaches your car...:shocked4: I don't have the video handy, but that dude is a moron.
     

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