cutting through DC a no-no?

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  • RugerFan

    Active Member
    Jul 18, 2013
    165
    Silver Spring
    A friend of mine went to the NRA range from his house in Silver Spring, taking 495 to 66W. He had his unloaded, legal, MD-registered handguns in a bag in the trunk, with his ammo in a separate bag.

    On the way back, 495 traffic looks like it's getting heavy, so he elects to take 66E all the way in and then take Rock Creek Pkwy back to SS.

    I'm thinking...cutting through DC...with handguns in the car? Is that legal? He says 'yes, I was on my way back from a range', but I say 'no way, that's only a MD thing'.

    We bet a bottle of wine on this, so the stakes are, obviously, VERY high...

    Anyone?
     

    ecampo

    Active Member
    Mar 3, 2008
    162
    "a person is entitled to transport a firearm from any place where he or she may lawfully possess and carry such firearm to any other place where he or she may lawfully possess and carry it, if the firearm is unloaded and locked out of reach."

    Quote from the NRA citing the federal law that protects lawful transportation of a firearm through a place where it is otherwise restricted.
     

    Mark75H

    MD Wear&Carry Instructor
    Industry Partner
    MDS Supporter
    Sep 25, 2011
    17,302
    Outside the Gates
    FOPA says yes, but Metro Police say let the judge decide ... you might win in court, but you'll probably never see the guns again ... you will see the inside of DC's jails
     

    StantonCree

    Watch your beer
    Jan 23, 2011
    23,940
    A friend of mine went to the NRA range from his house in Silver Spring, taking 495 to 66W. He had his unloaded, legal, MD-registered handguns in a bag in the trunk, with his ammo in a separate bag.

    On the way back, 495 traffic looks like it's getting heavy, so he elects to take 66E all the way in and then take Rock Creek Pkwy back to SS.

    I'm thinking...cutting through DC...with handguns in the car? Is that legal? He says 'yes, I was on my way back from a range', but I say 'no way, that's only a MD thing'.

    We bet a bottle of wine on this, so the stakes are, obviously, VERY high...

    Anyone?

    Here's your REAL answer.....see my MDS name for references :)

    The legal answer is NO. D.C. Doesn't recognize the fact that a gun is registered in another state. If its not registered in D.C. Then they don't want it in the city and technically you are in violation of two misd charges if the gun is in the trunk and. Felony if the box isn't locked and its easy access to the driver.

    The truth of the matter is while it is illegal in D.C. It depends on who pulls you over with most officers erroring on the side of caution and giving you a time out.

    You can take it to court and if its in the trunk chances are it will be no papered (charges dropped). However its honestly not worth the 24 hour time out when you see the judge in C10.

    Let these others spew FOPA all they want I'm telling you how it works.......ask me how I know :)
     

    csanc123

    Ultimate Member
    Aug 26, 2009
    4,161
    Montgomery County
    Haahaa...DC is just like NYC with respect to transport as in (they don't care about FOPA)...take your chances but I stand firm on HEll NO.

    (not directed at MPDC4511)...was in response to baffling...
     

    marte616

    God bless America...
    MDS Supporter
    Apr 15, 2008
    1,355
    Occupied Territory
    Here's your REAL answer.....see my MDS name for references :)

    The legal answer is NO. D.C. Doesn't recognize the fact that a gun is registered in another state. If its not registered in D.C. Then they don't want it in the city and technically you are in violation of two misd charges if the gun is in the trunk and. Felony if the box isn't locked and its easy access to the driver.

    The truth of the matter is while it is illegal in D.C. It depends on who pulls you over with most officers erroring on the side of caution and giving you a time out.

    So I guess DC cares less about USC18 USC § 926A - Interstate transportation of firearms:


    "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."
     

    Kman

    Blah, blah, blah
    Dec 23, 2010
    11,992
    Eastern shore
    Here's your REAL answer.....see my MDS name for references :)

    The legal answer is NO. D.C. Doesn't recognize the fact that a gun is registered in another state. If its not registered in D.C. Then they don't want it in the city and technically you are in violation of two misd charges if the gun is in the trunk and. Felony if the box isn't locked and its easy access to the driver.

    The truth of the matter is while it is illegal in D.C. It depends on who pulls you over with most officers erring on the side of caution and giving you a time out.

    Your way was funnier, though.
     

    StantonCree

    Watch your beer
    Jan 23, 2011
    23,940
    So I guess DC cares less about USC18 USC § 926A - Interstate transportation of firearms:


    "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."

    You can sit here and Internet lawyer and direct your whiney frustration at me and I could care less (I say that from your remark and previous conversations we have had). The fact is the laws I've quoted have been around for years well before I became an officer so maybe you should have used your Internet powers of google when they were enacted.

    He wanted an answer and I think I did a pretty decent job explaining legality and consequences to ensure a MDS member doesn't have to deal with anything unnecessary and keep another fellow 2Aer in the fight.
     

    EL1227

    R.I.P.
    Patriot Picket
    Nov 14, 2010
    20,274
    Yeppers ... to both

    "a person is entitled to transport a firearm from any place where he or she may lawfully possess and carry such firearm to any other place where he or she may lawfully possess and carry it, if the firearm is unloaded and locked out of reach."

    Quote from the NRA citing the federal law that protects lawful transportation of a firearm through a place where it is otherwise restricted.

    According to FOPA totally legal. In reality go to jail. Go directly to jail.

    If you are stopped in DC, kiss your rights goodbye ... until some judge (plus spending a whole lot of your own time and money) decides in favor of FOPA. Just reference some of Emily Miller's stories of everyday citizens and veterans who have been 'caught in the web', never to see their firearms again. Would you rather waste an extra hour in traffic, or waste months-to-years trying to recover something that shouldn't have been taken in the first place ?

    OBTW ... I'm sure that Maryland will be pulling the same chit ... like DC and Bloomberg's NY ... after Oct 1st. Innocent travelers will be caught up in the miriade of BSSB281 COMAR interpretted rulings because ... wait for it ...

    It's all about CONTROL, and making rights so onerous to exercise that you just give up and sit in traffic on the beltway. :mad54:

    WAKE UP AMERICA !!!
     

    j8064

    Garrett Co Hooligan #1
    Feb 23, 2008
    11,635
    Deep Creek
    Heck, I wouldn't drive thru DC with a firearm any more than I'd go thru NY with an empty big gulp cup in my vehicle.
    :sad20:
     

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