Gun Transport in MD

[Threeband]

Thank you for the reply. So long guns have no restrictions? In other words, can I throw my 22 rifle and 12ga shotgun in the trunk before work, leave them in the car while at work, hit the range after work, stop for dinner, etc?

Of course you can.

You can keep a long gun more or less permanently in your vehicle. I don't do that myself, but I sometimes leave a rifle in my van for several days in a row, stopping at the range after work.

Furthermore, Maryland does not specify "direct transport" of handguns, either. This isn't quite New Jersey.

There was a thread a while back in which a guy reported his pistol was stolen from his car while at work. He took his range gear to work, went to Continental at lunch to shoot, then back to work. Someone followed him from the range and stole the gun from his car. That may be a reason for not leaving a gun in your car, but the police never said a word to suggest the victim had done anything wrong. The law does not say you must transport the handgun directly to and from, with no stops. It's just not there.

 

[swinokur]

Be careful with that AG letter about magazines... There's a new AG in Annapolis, and we can guess without a letter how he'll advise the government.

Shouldn't he then issue a new letter rescinding the previous opinion? The AG office issued the opinion, not the actual individual.

Just asking, not disagreeing at all. be careful.

 

[JamesH]

Shouldn't he then issue a new letter rescinding the previous opinion? The AG office issued the opinion, not the actual individual.

Just asking, not disagreeing at all. be careful.

The AG does not sit around thinking of opinions to have. The letters are written in response to specific inquiries from members of the State Government. I don't recommend that we go out of our way to get a new letter.

More importantly, the AG letter is an opinion of a lawyer, not binding on a court. While it may help demonstrate a certain amount of due diligence if arrested on the charge, it will not get you off entirely.

I have been told (not sure of the bona fides of the source) that in certain parts of the state, if you have a loaded magazine in your car, you will be arrested and the police will leave it to the lawyers to sort out later. In this case, charges may be dropped or you may get to find out how much (or little) the AG letter is worth, but you'll still get an intimate tour of the nearest PD.

 

[Mark75H]

I have been told (not sure of the bona fides of the source) that in certain parts of the state, if you have a loaded magazine in your car, you will be arrested and the police will leave it to the lawyers to sort out later. In this case, charges may be dropped or you may get to find out how much (or little) the AG letter is worth, but you'll still get an intimate tour of the nearest PD.

I wonder how close they would be to opening themselves to false arrest?

I guess they are saying they are willing to take the chance if you are. I guess we know how Judge O'Malley would rule.

 

[JamesH]

The sad part is, this is all a part of Maryland's unconstitutional gun control scheme. By making the laws as hard as possible to understand, they hope that the average citizen will simply opt not to own guns.

 

[iH8DemLibz]

Is there any maryland.gov verbiage? I see the link for Justia.com, but I'd be hard pressed to convince a LEO when I'm pulled over to buy it.

And this is the fly in the ointment right here. Regarding travel through the state and carrying rifles and shotguns in a trunk or truck box full time for protection.

Just because something is legal, doesn't mean you won't be arrested by someone who doesn't know the law or, worse, doesn't care about the law.

Until all LEO are well versed (taught in the academy) in firearm law, we will continue to see arrests for legal, yet misunderstood, activity.

We will continue to have problems until this single issue is addressed.

If it requires some form of, squad car kept, firearm cheat sheet, then so be it.


And I'm in no way bashing the LE community.

 

[MrNiceGuy]

The AG does not sit around thinking of opinions to have. The letters are written in response to specific inquiries from members of the State Government. I don't recommend that we go out of our way to get a new letter.

More importantly, the AG letter is an opinion of a lawyer, not binding on a court. While it may help demonstrate a certain amount of due diligence if arrested on the charge, it will not get you off entirely.

I have been told (not sure of the bona fides of the source) that in certain parts of the state, if you have a loaded magazine in your car, you will be arrested and the police will leave it to the lawyers to sort out later. In this case, charges may be dropped or you may get to find out how much (or little) the AG letter is worth, but you'll still get an intimate tour of the nearest PD.

If the AG's office can't figure out what the same law written in the same words means at two different times, then the whole law should be tossed because it's impossible for the average person to understand how to follow it. "Void for vagueness" applies to crappy gun laws as much as it does crappy vagrancy or drug laws.

We should hope the AG will be so foolish as to arbitrarily redefine large amounts of Maryland gun laws. We'll have shall issue and easy transport by Christmas.

 

[swinokur]

Personally, I'll stick with what we do have as an AG opinion. Let's see what Froshingslosh does first.

Yes you can get locked up and go to court. Has anyone been prosecuted for loaded magazines in ther range bag?

 

[Panzer Radeo]

So since federal law states that firearms must be kept in a locked case when transporting, why is there even a law for maryland stating it must be kept in an "enclosed" case or holster? Wouldn't that mean that everytime someone purchases a firearm, it has to be put into a locked case when transporting it home from the FFL? I usually just bring an approved lock from home and then put the whole gun and box it's shipped with in the back. Also, when I go to the gun range, I usually just throw about 20 guns, in their soft/hard cases, into the back/cargo area of my SUV and put the ammo in the back seat separate from the firearms. Only guns that I put locks on are the handguns and they have franzen barrel/chamber locks. Ive had several cops tell me that's fine.

 

[swinokur]

The Federal law applies to transport through another state. it has no bearing on trips that start and stop in MD.

MD statute 4-203 applies to transport where the origin and destination are both in MD. Federal law does not apply.

IANAL

 

[Panzer Radeo]

Gotcha. So the way I'm transporting my guns to and from schooting (that's not a typo) sessions is fine, correct? All the guns in the back of the suv in the cargo area, in unlocked cases, ammo in the backseat by itself? Do i need to have locks on the handguns?

 

[swinokur]

nope. all that is required is the handguns be in an enclosed case or holster. No locks required. The ammo can even be be with the handguns, just not loaded into same. Per the AG, loaded mags are fine as well, just not in the firearm. This only applies in MD. Going out of state you must comply with FOPA.

IANAL.
.
.

 

[Panzer Radeo]

Thanks for he clarification

 

[swinokur]

yup. that'ws why wee are here.

 

[Pinecone]

One point, going out of state does not trigger FOPA, going from one state to another, THROUGH a state does.

MD to PA or MD to VA does not involve FOPA. You meet the requirements in MD and PA or VA as appropriate and you are good.

Going from MD to NC THROUGH VA, you can either meet the requirements of VA while in that state, or meet the requirements of FOPA. Which ever is easier.

FOPA is only really needed in a few rabidly anti-gun states. NJ, NY, Mass come to mind.

 

[swinokur]

I disagree. You could still use FOPA IMO. You would have to prove if stopped in your origina state like MD you werer traveling out of state, but FOPA exceeds MD law anyway. You of course, may, when. going from one state to another just comply with that state's laws. The title of FOPA is Interstate Transport.....Going from one state to another is interstate however. Nothing in FOPA mentions "through" It simply says going from a place where you can possess and carry TO a place where you can possess and carry. Not necessarily THROUGH the state. ie. going to VA or DE. IMO either would be leal but iANAL.

18 U.S. Code § 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.

 

[71Chevelle427]

Forgive me (newbie here) if I missed it somehow, but the way I am reading this, if you're legal to carry in Va., say as a Md. resident (w/Utah CCW), then you'd simply transport a handgun unloaded and cased as you would any other time in Md., but that you could then load and carry once you're in the legal State?

p.s. What is FOPA?

Someone asked about long guns...FWIW, I have an extended cab pickup truck, and on range days, I simply place both long guns (in soft cases) across the back seat, or sometimes under it, and put ammo/mags on the front seat in a small tackle box type carrier. Two local policemen said that is fine, but you know how that goes...what's "fine" for one, may be not OK with another.

 

[swinokur]

You are good. FOPA is the Federal Firearms Owners Protection Act which allows you to transport your unloaded firearms through a state that has more restrictive laws than either your origin or destination state, like driving through NJ or Mass.

FOPA-see the quoted area in my previous post.

IANAL

 

[71Chevelle427]

Thank you.

 

[swinokur]

As an example, if I went into NJ, not through NJ and I was stopped. I could use FOPA even though I have not driven through NJ yet.

IANAL