FL CCW permit travel question

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  • AKbythebay

    Ultimate Member
    I will be traveling by car from MD down to Florida next month. As soon as I exit the "free state" I plan to exercise my "free"dom of self defense by having a loaded handgun in the vehicle with me.

    I have a valid Florida CCW. From my understanding I can legally carry both on my person and in my vehicle in Virginia, North Carolina, Georgia, and Florida on my FL permit.

    #1 - is that correct? any particular restrictions I need to be aware of?

    #2 - what's up with South Carolina? They don't accept the FL permit right? Is it still legal to have a loaded handgun in the vehicle in SC without a permit (as it is in Virginia for example)???
     

    t3tech

    Active Member
    Oct 15, 2007
    500
    Elkton
    The pertinent info should be available at http://www.handgunlaw.us/.

    I don't like the fact that they use pdf files for almost everything there, but whaddya gonna do.

    IIRC, by federal law transport is allowed as long as the firearm is unloaded and locked in the trunk or in vehicles without a trunk locked in a container other than the glove compartment or console. I'm not sure if SC has or can have any law that reasonably deviates from the federal.
    SC only honors permits issued to residents for whatever states they have reciprocity with.
     

    AKbythebay

    Ultimate Member
    I did a little research and found that South Carolina allows you to keep a loaded handgun in a closed glove compartment or other console without any permit needed. So it sounds like I can carry in my vehicle going through South Carolina but cannot carry on my person with the FL permit. Still much better than being completely disarmed in the wonderful state of Maryland.
     

    E.Shell

    Ultimate Member
    Feb 5, 2007
    10,358
    Mid-Merlind

    K31

    "Part of that Ultra MAGA Crowd"
    MDS Supporter
    Jan 15, 2006
    35,690
    AA county
    Somewhere on here I remember reading that the MSP told DD214 (I believe) that CCW in another state was not a valid reason for transporting your evil handgun in this state. You better plan on a trip to the target range in Va.
     

    SigMatt

    Ultimate Member
    Mar 17, 2007
    1,181
    Shores of the Bay, MD
    The Maryland law is clear. Handguns and regulated arms operate under "peaceable journey" requirements here. You better be heading home or to the shop/range. Personally, if the guns are in the car, I am on my way to the range or the shop. Usually in Virginia. And coming back, I have the receipt in my pocket. Just in case.

    Matt
     

    AKbythebay

    Ultimate Member
    The Maryland law is clear. Handguns and regulated arms operate under "peaceable journey" requirements here. You better be heading home or to the shop/range. Personally, if the guns are in the car, I am on my way to the range or the shop. Usually in Virginia. And coming back, I have the receipt in my pocket. Just in case.

    Matt

    Roger that. I will be traveling back and forth (with a brief 7 day layover in Florida) from my home to a shooting range in Virginia :innocent0
     

    MPSP100

    Member
    Nov 26, 2007
    58
    Baltimore
    I did a little research and found that South Carolina allows you to keep a loaded handgun in a closed glove compartment or other console without any permit needed. So it sounds like I can carry in my vehicle going through South Carolina but cannot carry on my person with the FL permit. Still much better than being completely disarmed in the wonderful state of Maryland.

    The only thing about that is, if you get the wrong cop, on the wrong day that says otherwise. I'd just leave it unloaded inside of the trunk just to CYA. I can see it now "well commissioner the gentleman had a loaded handgun, that was readily accessible to him".

    Fun fact about SC, is that security officers have 100% powers of a deputy sheriff on their property.
     

    AKbythebay

    Ultimate Member
    The only thing about that is, if you get the wrong cop, on the wrong day that says otherwise. I'd just leave it unloaded inside of the trunk just to CYA. I can see it now "well commissioner the gentleman had a loaded handgun, that was readily accessible to him".

    Fun fact about SC, is that security officers have 100% powers of a deputy sheriff on their property.

    I'll probably keep it in the center console between the front seats. My license and registration will be in the glove box so I will have no reason to open the console if I'm stopped for speeding or something. Unless they have some reason to search my car I don't suspect it will be any issue, and as I said, it is legal to have a loaded handgun in your vehicle in SC. Besides, and middle age dude with his dad and two small kids in the car doesn't exactly arouse a lot of suspicion with law enforcement.

    I don't want to keep it unloaded in the vehicle for that would defeat the purpose of having it. I want it there and ready should something unfortunately occur that would warrant its use.
     

    ThatIsAFact

    Active Member
    Mar 5, 2007
    339
    Maryland cannot restrict interstate transportation

    The Maryland law is clear. Handguns and regulated arms operate under "peaceable journey" requirements here. You better be heading home or to the shop/range. Personally, if the guns are in the car, I am on my way to the range or the shop. Usually in Virginia. And coming back, I have the receipt in my pocket. Just in case. Matt

    Respectfully, that's not correct with respect to interstate travel. The Maryland law limiting transportation of handguns to only "approved" destinations simply does not apply when you are in fact traveling from your residence in Maryland to an out-of-state location where you have a right to possess the gun. Under that scenario, the federal law (18 U.S.C. Section 926A) overrides the state law.

    I will again post, as I have before, a helpful explanation written by Mark Bowen, a Maryland assistant attorney general who for a long time has been the firearms specialist in the Maryland attorney general's office. (It was sent not to me but to a Maryland gun owner, who posted it on a firearms forum.) Here it is:

    Dear Mr. _______:

    Maryland law generally prohibits the wearing, carrying or transporting of handgun, loaded or unloaded, concealed or openly: 1) on or about one's person; and, 2) in a vehicle traveling on a road or parking lot generally used by the public, highway, waterway, or airway of the State.
    Individuals who have been issued a permit to carry a handgun by the Maryland Department of State Police (handgun carry permits issued by other states are not effective) are exempted from this law.

    The following activities are also exempted: 1) 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; 2) 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; 3) 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; 4) 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; 5) the wearing, carrying, or transporting of a handgun by a supervisory employee: in the course of employment; 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.

    The federal law you cite (18 USC 926A) applies to the interstate transportation of a firearm (handgun or long arm) and supersedes Maryland law. It would have no bearing on the transportation of a firearm where the origin and destination are both within Maryland. It would however allow for the transportation of a firearm through the State of Maryland regardless of the Maryland law cited above.

    For purposes of the exceptions to Maryland law, a handgun may be transported within the passenger compartment of the vehicle provided it is unloaded and in an enclosed case or holster. For purposes of the federal law exception, the firearm must be unloaded and not readily accessible from the passenger compartment.

    Mark H. Bowen Assistant Attorney General
     

    K31

    "Part of that Ultra MAGA Crowd"
    MDS Supporter
    Jan 15, 2006
    35,690
    AA county
    Respectfully, that's not correct with respect to interstate travel. The Maryland law limiting transportation of handguns to only "approved" destinations simply does not apply when you are in fact traveling from your residence in Maryland to an out-of-state location where you have a right to possess the gun. Under that scenario, the federal law (18 U.S.C. Section 926A) overrides the state law.

    All well and good if MSP understands this (which apparently they do not) otherwise unless you give them an "approved" destination it is likely that your trip will be cut short, at minimum until you can turn around and secure your handguns at your state-approved residence.
     

    ThatIsAFact

    Active Member
    Mar 5, 2007
    339
    carry a copy of the federal law

    All well and good if MSP understands this (which apparently they do not) . . .

    Maryland residents might be well advised to carry in their glove compartment copies of both the Bowen e-mail (as the MSP generally would look to the AG's office to interpret the law), and the federal law. Here it is:

    Title 18, Chapter 44
    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.
     

    nighthawk2099

    Ultimate Member
    May 1, 2006
    1,061
    Backwoods, SouthWest Arkansas
    So if I understand this correctly, I have to keep the mag/firearm unloaded and locked in a case with ammo separated until after I cross the MD line. At that point I can lock and load until just before I get ready to cross back into MD. At which point I must disarm myself and lock everything back up. :wtf:

    Am I the only one with a headache now...... I'm going to get some aspirin.
     

    K31

    "Part of that Ultra MAGA Crowd"
    MDS Supporter
    Jan 15, 2006
    35,690
    AA county
    So if I understand this correctly, I have to keep the mag/firearm unloaded and locked in a case with ammo separated until after I cross the MD line. At that point I can lock and load until just before I get ready to cross back into MD. At which point I must disarm myself and lock everything back up. :wtf:

    Am I the only one with a headache now...... I'm going to get some aspirin.

    You are about to enter Maryland, there's a sign post up ahead:

    "Welcome to Maryland - the free state

    Martin O'Malley -Governor

    Squeal like a pig, boy."
     

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