Gun Laws Maryland

[novus collectus]

Ok, so I have a question, that I may learn is quite stupid. I don't think it needs it's own thread. What is the legality concerning public transit? Could you, in theory, take a bus to and from a range? Obviously this is a terrible idea, as if anyone learns you have a gun, you're going to get yourself in quite a bit of trouble, regardless of legality. Also, what about interstate travel on something like a Greyhound? I know the busline itself prohibits the transportation of firearms, and you'd be kicked off the bus, but would it be illegal? And what about ammunition? I ask out of curiosity, for obvious reasons this isn't something I feel anyone should try to test. Even if it's 100% legal, it's 100% a bad idea.

If it is a common or contract carrier and travelling accross state lines, the fed law says you must tell them about it and give it to the driver.
If it is intrastate travel and not interstate, then this may not be a requirement, but I am not 100% sure.
If it is an antique and no ammunition, as I understand it the requirement to notify even when travelling interstate is not in effect.

As far as public transportation not crossing state lines I tried to find this answer and I found very little. However there are some people who have stated they carried gun cases on MARC trains before and even though WMATA has a general prohibition on weapons on the subway and their busses, someone asked by letter about people with VA recognized gun permits and they begrudginly seemed to say it is ok in VA.
Now in DC when they lost the Heller case I asked how would people get to the main police station to register their guns if the only way to get there was by train and bus. The response I got was as long as it was unloaded and properly cased the MPD did not care.....but I got the impression that it is an WMATA police problem and not theirs so they don't care either way.

I will try and look for this answer again, it has been a few years since I last tried to find the answer and maybe there is more to be found on the internet now.

 

[novus collectus]

Well, I think the issue (in MD) would be whether (1) there is a state law concerning firearms on public transport (I think there is not, but what do I know), and (2) whether any local laws cover the issue, and (3) if there is a local law, does a public transportation method count as a "place of public assembly" under the state preemption law that would allow a locality to regulate guns within 100 yards of the "public accomodation"?



From what I remember looking into the issue, there is a federal law barring firearms on "common carriers" (read:commecial buses). Congress seems to be fixing that issue right now regarding Amtrak to let you check a firearm into Amtrak checked baggage.




Ammo may or may not fall under the "firearms" issues I mentioned.

I just think it is an Amtrack rule or regulation banning firearms and ammo, but since travelling interstate one has to tell them they have the firearm and since they can refuse to let you, even if not a law we cannot do it until Congress tells them they have to let us.

Ammunition is mentioned in the transport by common or contract carrier law.

(e) It shall be unlawful for any person
knowingly to deliver or cause to be delivered
to any common or contract carrier for
transportation or shipment in interstate or
foreign commerce, to persons other than
licensed importers, licensed manufacturers,
licensed dealers, or licensed collectors,
any package or other container in
which there is any firearm or ammunition
without written notice to the carrier that
such firearm or ammunition is being
transported or shipped; except that any
passenger who owns or legally possesses
a firearm or ammunition being transported
aboard any common or contract carrier for
movement with the passenger in interstate
or foreign commerce may deliver
said firearm or ammunition into the custody
of the pilot, captain, conductor or
operator of such common or contract carrier
for the duration of the trip without violating
any of the provisions of this chapter.
No common or contract carrier shall require
or cause any label, tag, or other
written notice to be placed on the outside
of any package, luggage, or other container
that such package, luggage, or
other container contains a firearm.

 

[novus collectus]

THis guy here (who I think he or his brother is a MDSHooters member IIRC) has the details, read the entire article:

The new official policy just conforms VRE regulations to Virginia law which is like that of most states, requiring a permit to conceal handguns, and requiring that those open carrying handguns be at least 18 years of age (no permit required). But citizen carry of loaded guns on trains in the DC Metro areas is not really new news.

The Washington Metropolitan Area Transit Authority (WMATA, pronounced "wamata) has consistently confirmed that WMATA only enforces state or DC gun laws on its trains, so in Virginia the train carry rules are as stated above, and in Maryland, one needs a carry permit for both open and concealed carry. And in fact, almost every state follows either Virginia or Maryland style carry laws on trains.

http://www.examiner.com/x-2782-DC-Gun-Rights-Examiner~y2009m9d19-Virginia-OKs-gun-carry-on-trains

 

[K-Romulus]

With the exception that regulated firearms are not subject to those local laws due to state pre-emption.

§ 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

Not so fast . . . the rest of that part of the MD Code deals with "qualifications regarding possession" (i.e., disqualifying factors) . . . in that context, the "preemption" concerns local "restrictions" like MOCO's dream of adopting NYC/Massachusetts' may-issue handgun ownership licensing . . . until the MD Ct of Appeals says it does, I wouldn't bet the farm on this regulated firearm "preemption" superseding the "100 yard rule". YMMV