Keeping a shotgun or rifle in your vehicle?

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  • novus collectus

    Banned
    BANNED!!!
    May 1, 2005
    17,358
    Bowie
    870AOW.jpg

    Hmmmmmmmmm :innocent0
    Nope, sorry, for purposes of transport in 4-203, that is a handgun.
    (c) (1) "Handgun" means a pistol, revolver, or other firearm capable of being concealed on the person.

    (2) "Handgun" includes a short-barreled shotgun and a short-barreled rifle.
    It must be in an enclosed case or enclosed holster and only transported to the permitted places and purposes (like hunting or target shooting).

    However, one made before 1899 might be ok as a trunk gun. :)

    (3) "Handgun" does not include a shotgun, rifle, or antique firearm.
     

    coinboy

    Yeah, Sweet Lemonade.
    Oct 22, 2007
    4,480
    Howard County
    I think you found another contradiction in the law again Novus.

    That is a shotgun and it CLEARLY says shotguns are not a handgun.
     
    I am a new member here and live in the Eastern Shore.......

    I use to carry my shotgun on my gun rack in the back of the truck window all around the beltway, thru Virginia and into West Virginia and never had any problems...

    Also flew out west many many times with a 12 gauge double bbl and a 44 magnum in my suitcase...no problems at all....

    However, this was before 911.....things and people's perspective have change quite a bit since then....

    Ever go hunting jack rabit with a Ruger Super Blackhawk???? he he

    This Christmas I'm traveling to Leesburg and will be taking some fire power, I'll have my long guns in their case and all ammo separate.....same with my sidearms.

    dan
     

    Archangel

    Active Member
    Jul 19, 2005
    692
    Doesn't Short Barreled Shotgun mean Shorter than 18"? Wouldn't that be an NFA weapon if less than 18"?

    It is very much class 3, although I believe that it would actually be an AOW (Any-other-weapon), not a short-barreled shotgun, as it has no stock.

    An AOW is defined to be "...any weapon or device capable of being concealed on the person from which a shot can be discharged through the energy of an explosive, a pistol or revolver having a smooth bore designed or redesigned to fire a fixed shotgun shell, weapons with combination shotgun and rifle barrels 12" or more, less than 18" in length, from which only a single discharge can be made from either barrel without manual reloading, and shall include any weapon which may be readily restored to fire. Such term shall not include a pistol or revolver having a rifled bore, or rifled bores, or weapons designed, made or intended to be fired from the shoulder and not capable of firing fixed ammunition." 26 USC sec. 5845(e).
     

    coinboy

    Yeah, Sweet Lemonade.
    Oct 22, 2007
    4,480
    Howard County
    It is very much class 3, although I believe that it would actually be an AOW (Any-other-weapon), not a short-barreled shotgun, as it has no stock.

    Yes but it says "fire a fixed shotgun shell." His gun clearly doesn't fire a fixed shotgun shell. I would assume a fixed shell being a break gun.
     

    novus collectus

    Banned
    BANNED!!!
    May 1, 2005
    17,358
    Bowie
    I am a new member here and live in the Eastern Shore.......

    I use to carry my shotgun on my gun rack in the back of the truck window all around the beltway, thru Virginia and into West Virginia and never had any problems...

    Also flew out west many many times with a 12 gauge double bbl and a 44 magnum in my suitcase...no problems at all....

    However, this was before 911.....things and people's perspective have change quite a bit since then....

    Ever go hunting jack rabit with a Ruger Super Blackhawk???? he he

    This Christmas I'm traveling to Leesburg and will be taking some fire power, I'll have my long guns in their case and all ammo separate.....same with my sidearms.

    dan
    Welcome to MDShooters.
     

    Rough_Rider

    Active Member
    Oct 31, 2008
    266
    Howard County, MD
    Thanks to all for the feedback and comments. I appreciate the info.

    Not surprisingly, it sounds like there are some 'unclear' aspects to the law surrounding these issues.

    Just to be clear, my intentions are to comply with the state and local laws. Any weapon in a vehicle would be for defensive purposes only. [ Disclaimer for those who need it ].

    I guess if the weather is bad I need to make sure my truck gets stuck at least 101 yards from any school or church :)

    Any shotgun I would keep in my vehicle would be in a case, with a lock, in the back of my SUV and out of sight. My 'Get Home Bag" would easily cover such a case. Any ammo would be at the other end of the vehicle and also out of sight. Both would be accessible to me without having to leave the vehicle.

    A very good point that was mentioned was the possibility of having the vehicle stolen, and the firearm being in the hands of 'bad' people. Definitely an important consideration!
    In my case, with my old SUV and the paths I travel, I consider the probability below average that my vehicle would be stolen from home or work. This is probably not the same for everyone.
     

    novus collectus

    Banned
    BANNED!!!
    May 1, 2005
    17,358
    Bowie
    It is very much class 3, although I believe that it would actually be an AOW (Any-other-weapon), not a short-barreled shotgun, as it has no stock.

    If it was made from a shotgun (intended to be fired from the shoulder), then it is an SBS.
    If it was made from a virgin reciever and never designed to take a buttstcok making it fireable from the shoulder and has an overall lenght less than 26", then it is an AOW unless it has a rifled shotgun slug barrel in which case it might be an AOW or a DD unless it is a double barreled shotgun with one rifled and one smoothbore and the barrels are between 12" and 18" then it is an AOW.......oh ****, my head hurts again. :sad20:
     

    novus collectus

    Banned
    BANNED!!!
    May 1, 2005
    17,358
    Bowie
    Yes but it says "fire a fixed shotgun shell." His gun clearly doesn't fire a fixed shotgun shell. I would assume a fixed shell being a break gun.
    A fixed shotgun shell means any regular shotgun shell with a fixed primer and fixed charge and shot. So any regular shotgun ammo you buy in the store in other words.
     

    novus collectus

    Banned
    BANNED!!!
    May 1, 2005
    17,358
    Bowie
    Thanks to all for the feedback and comments. I appreciate the info.

    Not surprisingly, it sounds like there are some 'unclear' aspects to the law surrounding these issues.
    Basically in MD, if it is not said to be illegal in the law, then it is legal.

    Just to be clear, my intentions are to comply with the state and local laws. Any weapon in a vehicle would be for defensive purposes only. [ Disclaimer for those who need it ].
    Ooops....if you are pulled over by a cop, then repeat after me, "it is not a weapon". It is for emergency situations, but it is not a weapon, and the reason why you say this is because if they for some reason try to claim that an unloaded rifle that you could not reach and use for immediate self defense or offense is a "concealed" weapon, they at least will not have you admitting it was meant to be used as a self defense weapon.
    Keep a flare or a blank shell with it in the car so you can say it is for if you are stuck in the wilderness or stuck in a wooded area after running off the road you can send a signal to let your rescuers know where you are or something.

    I read a case from 2000 (before they changed the wording of the law) where a guy admitted the antique revolver hidden on him was for self defense and they used it against him pointing out it was intended as a weapon (in 2001 or 2002 they changed the wording to exclude all handguns from the concealed weapons statute by the way).

    I guess if the weather is bad I need to make sure my truck gets stuck at least 101 yards from any school or church :)
    Remember, that depends on the county and even in some of those places where they have that rule, they still make exceptions for enclosed cases, so a trunk gun may still be possible in some of those places even if the state preemption was not in effect.
     

    Rough_Rider

    Active Member
    Oct 31, 2008
    266
    Howard County, MD
    Novus - good points. Thanks.

    I actually bought a three-pack of 12ga white flares and a few 12ga rubber shot "less than lethal" shells I bought at a gun show.These will be part of the ammo kept in the front of the vehicle.

    The 12ga flares are currently part of my "when & where the hell am I ever going to shot these things" bundle. Sitting right next to the 30-06 tracer rounds.

    I would always keep the firearm in a case and the case locked. I can unlock and open it quick enough if needed. Ammo can would also be locked, same key as the case locks if possible.
     

    Kharn

    Ultimate Member
    Mar 9, 2008
    3,582
    Hazzard County
    The shotgun photo was copied from ARfcom, its registered as an AOW. I'm going through the motions to register one of my 870s as an SBS, but I'm going to put it in that configuration (SBS since I'm using a wally-world special as a base and in case I decide I want a stock).
     

    FloydofOz

    Active Member
    Dec 29, 2007
    262
    Rockville/DC
    "Keep a flare or a blank shell with it in the car so you can say it is for if you are stuck in the wilderness or stuck in a wooded area after running off the road you can send a signal to let your rescuers know where you are or something."

    ---Badass and a great idea. I'm going to get one of those anyway.

    "I read a case from 2000 (before they changed the wording of the law) where a guy admitted the antique revolver hidden on him was for self defense and they used it against him pointing out it was intended as a weapon (in 2001 or 2002 they changed the wording to exclude all handguns from the concealed weapons statute by the way)."

    --Never forget 5A. My advice: say NOTHING to the police if you have even the slightest notion that they are trying to charge you with a crime or are investigating to find evidence of a crime. Ask to speak to an attorney. If you're not sure whether it's a good idea to talk to the police to reason with them or not, watch any episode of COPS. Haha...I don't mean that as an insult, but I will never get over how dumb the people they catch on that show are. You have the right to remain silent--use that right!
     

    shawn

    Active Member
    Oct 23, 2007
    708
    Novus - good points. Thanks.

    I actually bought a three-pack of 12ga white flares and a few 12ga rubber shot "less than lethal" shells I bought at a gun show.These will be part of the ammo kept in the front of the vehicle.

    The 12ga flares are currently part of my "when & where the hell am I ever going to shot these things" bundle. Sitting right next to the 30-06 tracer rounds.

    I would always keep the firearm in a case and the case locked. I can unlock and open it quick enough if needed. Ammo can would also be locked, same key as the case locks if possible.
    Here is some more info on keeping a shotgun or unregulated long gun in your car/truck.

    http://www.mdshooters.com/showthread.php?t=7050
     

    shawn

    Active Member
    Oct 23, 2007
    708
    Regulated long guns are treated the same for transport as unregulated long guns except that regulated long guns have even more state preemption.
    I agree with you on that.

    I was just try to point out that the MSP makes up rules and will "treat regulated long guns the same way as pistols"

    Even though they are wrong on this issue I just wanted rough rider to know that it might be easier to keep a shot gun or unregulated long gun in his vehicle instead of a regulated long gun.
     

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