Keeping a shotgun or rifle in your vehicle?

K-Romulus said:

You COULD claim that a Leatherman is actually a "tool" and unlike, say, a Bowie knife, based on it's "intended purpose." But I wouldn't push the envelope if it was me.

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Accordingly, we hold that in order to convict a person of
carrying or possessing any rifle, gun, or knife on school property
under Art. 27, § 36A, the State must show that the instrument
possessed can, under the circumstances of the case, reasonably be
considered a deadly weapon. This objective approach is in keeping
with the legislative intent to prohibit the possessing and carrying
of deadly weapons on public school property and will avoid the
regular violation of that statute by students, teachers, and staff
who are engaged in the routine performance of their duties at the
public schools.

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Friendship Heights banned all handguns and handgun parts within that 100 yard "safety zone," with the thinking that the entire village was covered by one safety zone or another.

According to the Tripwire guys, Takoma Park's "safety zone handgun ban" is to be interpreted so that sidewalks are "places of public assembly" - with no "home exemption."

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SCARCQB said:

OK... I'm still confused with the lawyer talk.

Is it safe for me to pack a rifle in my car, as long as it is unloaded, cased and loaded mags separated from the rifle by either a trunk or an outside packet? ( I'm moving part of my collection . to show my friend as I am a collector)

Is it also better to pack a regulated rifle instead of a regulated one? ( Cash and Carry, FNPS90, FN FS2000, Sig 556, Mini 14)

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Kharn said:

Hmmmmmmmmm

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mackie said:

I have carried shotguns and rifles in a window rack with no problems for years.

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SCARCQB said:

OK... I'm still confused with the lawyer talk.

Is it safe for me to pack a rifle in my car, as long as it is unloaded, cased and loaded mags separated from the rifle by either a trunk or an outside packet? ( I'm moving part of my collection . to show my friend as I am a collector)

Is it also better to pack a regulated rifle instead of a regulated one? ( Cash and Carry, FNPS90, FN FS2000, Sig 556, Mini 14)

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§ 4-209. Regulation of weapons and ammunition.

(a) State preemption.- Except as otherwise provided in this section, the State preempts the right of a county, municipal corporation, or special taxing district to regulate the purchase, sale, taxation, transfer, manufacture, repair, ownership, possession, and transportation of:

-(1) a handgun, rifle, or shotgun; and

-(2) ammunition for and components of a handgun, rifle, or shotgun.

(b) Exceptions.-

-(1) A county, municipal corporation, or special taxing district may regulate the purchase, sale, transfer, ownership, possession, and transportation of the items listed in subsection (a) of this section:

--(i) with respect to minors;

--(ii) with respect to law enforcement officials of the subdivision; and

--(iii) except as provided in paragraph (2) of this subsection, within 100 yards of or in a park, church, school, public building, and other place of public assembly.

-(2) A county, municipal corporation, or special taxing district may not prohibit the teaching of or training in firearms safety, or other educational or sporting use of the items listed in subsection (a) of this section.

(c) Preexisting local laws.- To the extent that a local law does not create an inconsistency with this section or expand existing regulatory control, a county, municipal corporation, or special taxing district may exercise its existing authority to amend any local law that existed on or before December 31, 1984.

(d) Discharge of firearms.-

-(1) Except as provided in paragraph (2) of this subsection, in accordance with law, a county, municipal corporation, or special taxing district may regulate the discharge of handguns, rifles, and shotguns.


-(2) A county, municipal corporation, or special taxing district may not prohibit the discharge of firearms at established ranges.

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§ 5-104. Preemption by State.

This subtitle supersedes any restriction that a local jurisdiction in the State imposes on a sale of a regulated firearm, and the State preempts the right of any local jurisdiction to regulate the sale of a regulated firearm.

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§ 5-133. Restrictions on possession of regulated firearms.

(a) Preemption by State.- This section supersedes any restriction that a local jurisdiction in the State imposes on the possession by a private party of a regulated firearm, and the State preempts the right of any local jurisdiction to regulate the possession of a regulated firearm.

(b) Possession of regulated firearm prohibited.- A person may not possess a regulated firearm if the person:

-(1) has been convicted of a disqualifying crime;

-(2) has been convicted of a violation classified as a common law crime and received a term of imprisonment of more than 2 years;

-(3) is a fugitive from justice;

-(4) is a habitual drunkard;

-(5) is addicted to a controlled dangerous substance or is a habitual user;

-(6) suffers from a mental disorder as defined in § 10-101(f)(2) of the Health - General Article and has a history of violent behavior against the person or another, unless the person has a physician's certificate that the person is capable of possessing a regulated firearm without undue danger to the person or to another;

-(7) has been confined for more than 30 consecutive days to a facility as defined in § 10-101 of the Health - General Article, unless the person has a physician's certificate that the person is capable of possessing a regulated firearm without undue danger to the person or to another;

-(8) is a respondent against whom a current non ex parte civil protective order has been entered under § 4-506 of the Family Law Article; or

-(9) if under the age of 30 years at the time of possession, has been adjudicated delinquent by a juvenile court for an act that would be a disqualifying crime if committed by an adult.

(c) Penalty for possession by person convicted of crime of violence.-

-(1) A person may not possess a regulated firearm if the person was previously convicted of:

--(i) a crime of violence; or

--(ii) a violation of § 5-602, § 5-603, § 5-604, § 5-605, § 5-606, § 5-607, § 5-608, § 5-609, § 5-612, § 5-613, or § 5-614 of the Criminal Law Article.

-(2) A person who violates this subsection is guilty of a felony and on conviction is subject to imprisonment for not less than 5 years, no part of which may be suspended.

-(3) A person sentenced under paragraph (1) of this subsection may not be eligible for parole.

-(4) Each violation of this subsection is a separate crime.

(d) Possession by person under age of 21 years prohibited; exceptions.-

-(1) Except as provided in paragraph (2) of this subsection, a person who is under the age of 21 years may not possess a regulated firearm or ammunition solely designed for a regulated firearm.

-(2) Unless a person is otherwise prohibited from possessing a regulated firearm, this subsection does not apply to:

--(i) the temporary transfer or possession of a regulated firearm or ammunition solely designed for a regulated firearm if the person is:

---1. under the supervision of another who is at least 21 years old and who is not prohibited by State or federal law from possessing a firearm; and

---2. acting with the permission of the parent or legal guardian of the transferee or person in possession;

--(ii) the transfer by inheritance of title, and not of possession, of a regulated firearm;

--(iii) a member of the armed forces of the United States or the National Guard while performing official duties;

--(iv) the temporary transfer or possession of a regulated firearm or ammunition solely designed for a regulated firearm if the person is:

---1. participating in marksmanship training of a recognized organization; and

---2. under the supervision of a qualified instructor;

--(v) a person who is required to possess a regulated firearm for employment and who holds a permit under Subtitle 3 of this title; or

--(vi) the possession of a firearm or ammunition for self-defense or the defense of others against a trespasser into the residence of the person in possession or into a residence in which the person in possession is an invited guest.

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However, just because you are legally permitted to keep a gun in your car, it of course does not mean that you should. Personally, even though part of me would like to, I don't keep any firearms in my car because one of my biggest nightmares is someone stealing my car, getting my gun and using it to commit a crime.

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novus collectus said:

Actually my sister gave me a copy of "The Digest of Criminal Laws" booklet all LEOs in MD are supposed to have a copy of, so I didn't have to print anything out.
If you want a copy of the pertinent laws but not including the hunting law, then the ATF's Maryland page in State Laws is a start: http://www.atf.treas.gov/firearms/statelaws/26thedition/maryland.pdf

If you know the numbers or how to use it's search feature to good effect, Justia is good.

Criminal Law Article (basically 4-101, and 4-201 to 4-209):
http://law.justia.com/maryland/codes/gcr.html

Public Safety Article (when there is a permit and there is a mention about state preemption):
http://law.justia.com/maryland/codes/gps.html

Natural Resources Article (hunting...specifically 10-410):
http://law.justia.com/maryland/codes/gnr.html

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Papi4baby said:

Hey Novus, this is from the old thread. The first link is restricted, can you supply a fresh one. Thanks.

Lots of good info here guys, nice job.

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