Can I Transport an Unloaded Shotgun Without a Case in Maryland

swinokur · May 6, 2012

From MD admin code on handgunlaw.us

08.07.06.04
.04 Weapons.

A. Definition. In this regulation, "weapon" means:
(1) A device capable of propelling a projectile at high velocity by mechanical means, by explosion, or by expanding gas, including, but not limited to a firearm, crossbow, or longbow;
(2) A dirk knife, bowie knife, switchblade, sand club, metal knuckles, razor, or nunchaku; and
(3) A device capable of:
(a) Inflicting death or bodily harm to an individual;
(b) Maiming or destroying wildlife; or
(c) Destroying property.
B. Except as provided in Regulation .03 of this chapter and in C and D of this regulation, an individual other than a law enforcement officer may not possess a weapon in a State park. The Service may approve an exception for an archery range, firearms range, or an exhibition.
C. During hunting season, a licensed hunter may carry firearms and bows and arrows across State parks in order to get to hunting areas or to other State or private property which is open to hunting. The firearms shall be carried unloaded and cased, or carried unloaded with breech open or broken. Arrows shall be carried in a quiver or case.
D. Target shooting is permitted at designated shooting ranges. The regulations governing the use of these ranges shall be posted and strictly observed.

peafarmer · May 6, 2012

Is this generally true in other states? You are pretty vulnerable when you are camping. Where I grew up (in MO) campers commonly had weapons. I had always thought that the campsite served as "your home" under the MD law until I took a look at the AG response earlier in this thread...

XxNitr0xX · May 6, 2012

How does a side saddle fit into this situation? If my SS has shells in it, would it be consider 'loaded'?

Sent from my SPH-D710 using Tapatalk 2

annihilation-time · May 6, 2012

If there's no firearms allowed in State Parks, how is it that Elk Neck State Park has a shooting range? Entrapment? LOL.

Edit: I should have continued reading. I now see the exception. I jumped the gun.

swinokur · May 6, 2012

peafarmer said:
Is this generally true in other states? You are pretty vulnerable when you are camping. Where I grew up (in MO) campers commonly had weapons. I had always thought that the campsite served as "your home" under the MD law until I took a look at the AG response earlier in this thread...

This is MD. They don't give a rat's a$$ about your safety. If they did you could carry in Baltimore.

:sad20:

swinokur · May 6, 2012

XxNitr0xX said:
How does a side saddle fit into this situation? If my SS has shells in it, would it be consider 'loaded'?

Sent from my SPH-D710 using Tapatalk 2

I'm gonna guess no.

peafarmer · May 6, 2012

I would think that there are a lot of people in MD who are ignorant of this, and have weapons when they are camping. As I said earlier, I was completely ignorant (and proud of it) until I took a close look at the AG response posted in this thread.

PJDiesel · May 6, 2012

Kingjamez said:
Why keep it in the trunk, or separate from ammo?

-Jim

No trying to be smart, but,... I agree.

I have a standard cab truck, very common for me to run around with my gun and ammo within inches of each other. Now, mine is in a take down case, so it's not like it would be readily accessible as a functioning gun.

I don't have a cap or bed cover, my shotgun(s) will be riding in the cab with me, along with boxed ammo regardless of current of future law, I'm of absolutely ZERO threat to anyone.

platoonDaddy · May 6, 2012

when I go trap shooting, I have it strapped uncased on the back of my motorcycle.

swinokur · May 6, 2012

peafarmer said:
I would think that there are a lot of people in MD who are ignorant of this, and have weapons when they are camping. As I said earlier, I was completely ignorant (and proud of it) until I took a close look at the AG response posted in this thread.

Being ignorant isn't going to be a viable defense if you're arrested.

If you're gonna possess a firearm, you better know the law wherever you are.

Boats · May 6, 2012

Short answer: Yes. A shotgun in the trunk unloaded with rounds next to it is ok.

You could actually, have it in the cab next to you unloaded with rounds in the side saddle and you would still be legal by the letter of the law.

But

I would print out the letter of the law and have it available to educate the LEO who may stop you because they might be misinformed.

Boats · May 6, 2012

peafarmer said:
Is this generally true in other states? You are pretty vulnerable when you are camping. Where I grew up (in MO) campers commonly had weapons. I had always thought that the campsite served as "your home" under the MD law until I took a look at the AG response earlier in this thread...

Surprisingly Here is one of the few examples where MD is WORSE than Kalifornia on this

In CA the possession of firearms at a campsite is expressly protected by state law (The campsite counts as a temporary residence)

the other one is that in CA you can have an unloaded handgun in your vehicle for transport to or from "any lawful activity" not just hunting and target shooting etc.

The one (KINDA) caveat: If you rent a camping space in in a State park, it COULD be argued that you leased that space from the state and that you are thus exempt from the prohibition of carry based on 4-203(b)(6). But it is a LONGSHOT and probably wouldn't work. Here is the thing, you would have to have proof that you paid money to use that camping space.

No, I am not a lawyer.

Mark75H · May 6, 2012

Boats said:
Short answer: Yes. A shotgun in the trunk unloaded with rounds next to it is ok.

You could actually, have it in the cab next to you unloaded with rounds in the side saddle and you would still be legal by the letter of the law.

But

I would print out the letter of the law and have it available to educate the LEO who may stop you because they might be misinformed.

You could still be arrested and your gun confiscated ... JimBob knows better than to read something you printed off the internet and he can always tack on the "disturbing the peace" universal tack on. A judge would decide ...

circleshooter · May 6, 2012

blackthorne said:
Why wouldn't you transport a gun in a case?

This is what I'm trying to figure out. Why would anyone just toss a gun in their trunk, to roll around and get scratched, when a zippered soft case can be had for under $20? Whether its legal or not just seems irrelevant to me.

mikec · May 6, 2012

To the OP, letting the gun bounce around uncased is a good way for dirt and debris to get into the gun. Legal or not, bad idea.

blackthorne · May 6, 2012

platoonDaddy said:
when I go trap shooting, I have it strapped uncased on the back of my motorcycle.

Why? "Looking" for trouble? :sad20:

Oldcarjunkie · May 6, 2012

swinokur said:
this?

Yup, thats what i was thinking about! Great to print out and have in the glove box incase the need for it were to ever arise .
Thank you swinokur!

ATTom · May 6, 2012

Ill print it out too..for when i role down the street in my 64 jockin some bitches and i have my gat strapped to my leg....

bdiddle · May 7, 2012

What about regulated "assault rifles"? I know pistols are a no go, but is there something clear about other regulated firearms?

platoonDaddy · May 7, 2012

blackthorne said:
Why? "Looking" for trouble?

Nope it is legal and therefore I am exercising my rights. Following is quote from AG

7. What requirements exist for citizens while transporting long guns to and from
various destinations?

While there may be federal laws that control the transportation of firearms on airplanes and trains, the only Maryland law I have found that relates to this matter with respect to long guns is NR

Can I Transport an Unloaded Shotgun Without a Case in Maryland

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