Here is the AG Opinion on Loaded Magazines

[Maverick0313]

Again, good info and thanks.

 

[ThatIsAFact]

the ammunition must be outside the gun, not distant from the gun

I intend to keep this letter RIGHT ON TOP of my loaded magazines, which will be kept COMPLETELY SEPARATE from my guns, from now on.

That is one way to do it. But I find no requirement in Maryland law that the loaded magazines must be kept in location at a distance from the gun -- as long as the loaded magazine is not IN the gun (because if it was IN the gun, that would be considered "loaded," even if no cartridge had been chambered). The statute requires only that the handgun be "unloaded and carried in an enclosed case or an enclosed holster." It doesn't say anything about the location of ammunition, so long as it is not in the gun. It appears to me that the statutory requirement would be fulfilled, for example, if the handgun was carried, unloaded, in the same zippered-shut pistol rug as any number of loaded magazines.

Also, the statute does not say anything about the location of the enclosed, unloaded handgun, or the loaded magazines outside the handgun, relative to your body.

Of course, to avoid violating the law, you must be traveling to or from one of the "approved" locations or activities, enumerated in the statute, unless you have a carry permit.

 

[Andras]

It didn't address loaded rifle magazines in regards to 10-410. Is a loaded, detached magazine ok?

10-410
(1) A person may not shoot at any species of wildlife from an automobile or other vehicle or, except as provided in § 4-203(b) of the Criminal Law Article and Title 5, Subtitle 3 of the Public Safety Article, possess in or on an automobile or other vehicle a loaded handgun or shotgun, or a rifle containing any ammunition in the magazine or chamber.

The 'old' letter was better since it just covered loaded magazines and didn't specify handgun vs rifle.

 

[Buckhorn]

Thanks for getting this clarified. A copy of the letter is now in my range bag with NRA's brochure summarizing Maryland's firearm laws.

I can now load magazines at home before going to IDPA matches.

 

[novus collectus]

Also, the statute does not say anything about the location of the enclosed, unloaded handgun, or the loaded magazines outside the handgun, relative to your body.

Actually I believe it does. It says you can wear and carry while on the way to one of the approved locations or pusposes.

 

[novus collectus]

It didn't address loaded rifle magazines in regards to 10-410. Is a loaded, detached magazine ok?

10-410
(1) A person may not shoot at any species of wildlife from an automobile or other vehicle or, except as provided in § 4-203(b) of the Criminal Law Article and Title 5, Subtitle 3 of the Public Safety Article, possess in or on an automobile or other vehicle a loaded handgun or shotgun, or a rifle containing any ammunition in the magazine or chamber.

The 'old' letter was better since it just covered loaded magazines and didn't specify handgun vs rifle.

It says the magazine and not a or any magazine and this connotates it is the magazine in the rifle. But even if it did apply to detached magazines, it says nothing about clips and rifles that load with clips would not be addressed which provides further evidence the law did not mean magazines or ammo outside the rifle because if it did it would have mentioned other devices or loose ammo.

 

[Tom43491]

+1 for hoping Continental changes their policy! I live 2 minutes from there, so that's where I pretty much always go

 

[badguyRL]

Does anybody know how I can get this letter somehow engraved into my magazines?

 

[SRTMO]

It doesn't matter what the AG says, if the judge says you're wrong, you're wrong.

 

[ThatIsAFact]

Novus is correct

Also, the statute does not say anything about the location of the enclosed, unloaded handgun, or the loaded magazines outside the handgun, relative to your body.

Actually I believe it does. It says you can wear and carry while on the way to one of the approved locations or pusposes.

Novus is correct -- his understanding and mine on this point are the same, but I was sloppy in expressing it. I should have written, "Also, the statute is indifferent as to whether you carry the enclosed, unloaded handgun, and the loaded detached magazines, on your body or elsewhere in the vehicle." It refers to carrying "on the person or in a vehicle . . . if each handgun is unloaded and carried in an enclosed case or an enclosed holster." Therefore, there would be no violation if the unloaded handgun and the detached loaded magazine(s) were both carried on the person, even in the same container, as long as the container is an "enclosed case or enclosed holster." I am not a lawyer and this is not legal advice.

 

[novus collectus]

It doesn't matter what the AG says, if the judge says you're wrong, you're wrong.

Cool, now find a judge in md that ever said a loaded mag near an unloaded handgun was illegal when transporting according to 4-203.

If there is no case precedent and there is nothing in the law that says it is illegal, then what judge will convict? This letter from the AG just affirms what many of us have been saying about the plain reading of the law for years. This letter shows that learned people in the AG's office agrees with us which means all those people who read the loaded mag ******** into law that was not there even though there is no case they can cite were wrong.

 

[Douglas]

Noticed same issue here:

http://glocktalk.com/forums/showthread.php?t=1154006

 

[xd40c]

Ok...so...

The AG says "sure, no problem, however my office may still charge you if we think you look funny and the LEOs are still free to detain you, file a criminal complaint and confiscate your property..."

Seriously, if you are going to issue an opinion, it should be an official opinion...

Sounds like the Senator asked the wrong question.

 

[SmithWesson66]

Great work guys!! Score on for the good guys. Now I don't have to waste the first few minutes at the range loading up.

 

[swinokur]

Noticed same issue here:

http://glocktalk.com/forums/showthread.php?t=1154006

I was involved in that thread with a moron from Arlington who insisted that his LEO friends would arrest me because of loaded mags. Even after I cited 18 USC and MD 4-203 to him and pointed out no prohibition on loaded mags he insisted I would be locked up because MD has an anti gun govt. and then lowered himself to personal attacks, which I don't respond to. He seemed to shut up after I posted the AG opinion to the thread.

God the experts you meet on Internet gun forums....

 

[kohburn]

wasn't there a similar letter (or was it just an email without a letter) from the AAG last fall?

 

[Fodder4Thought]

wasn't there a similar letter (or was it just an email without a letter) from the AAG last fall?

There certainly was - I keep it folded up in the case with my 1911, just in case (and it's soon to be joined by a copy of this letter).

Actually, I went to OnTarget Monday night and it came in handy. Went down like this:

I walked into the range and up to the counter, where the guy proceeds to check my gun after exchanging pleasantries (Hi, how ya doin', have you shot with us before, etc). He stopped when he saw that I had three loaded magazines in the case along with the .45 (but not in it - the gun was unloaded) and asked if I was LE or had a carry permit.

I replied 'No, and actually I don't need one - it turns out that...' and began to pull out the copy of the email from the AAG. He smiled and waved me off and said 'It's okay, man - as long as you got something. I don't like seeing people get hassled for no reason.'

I should point out that this interaction was nothing but friendly and professional, and that shooting late on a weeknight is awesome.

 

[Abacab]

Just out of curiosity, what is the benefit of having a loaded magazine if you can't carry your gun? Why even risk it?

 

[novus collectus]

Just out of curiosity, what is the benefit of having a loaded magazine if you can't carry your gun? Why even risk it?

A number of reasons, but the most important to remember is it is not illegal. Why follow a non-existent law in the first place?
"Risk" is only assumed if you are not breaking any existent law. If the officer wants to arrest you for loaded mags not in the handgun and the handgun is being transported legally according to 4-203, then the risk is his by possibly being successfully sued for false arrest or other civil right violations.

 

[md_rick_o]

I know that Ignorance of the law is not an excuse but how could they successfully prosecute when we have this letter with/on us at the time of an arrest showing that we were following guidance of the AG. I know this is a naive question since they can and will do whatever they want but i can't see them doing this.

It does appear the Senator (no disrespect or slam intended, i appreciate his asking at all) asked the question wrong if he didn't state an official position for the AG to address:

In compliance with our policies concerning opinion requests
from local governments, you provided a legal opinion of your office
on this question.

Could a Senator even state a legal opinion for them to confirm or deny?