Keeping rifle in car in md. Legal?

The #1 community for Gun Owners of the Northeast

Member Benefits:

  • No ad networks!
  • Discuss all aspects of firearm ownership
  • Discuss anti-gun legislation
  • Buy, sell, and trade in the classified section
  • Chat with Local gun shops, ranges, trainers & other businesses
  • Discover free outdoor shooting areas
  • View up to date on firearm-related events
  • Share photos & video with other members
  • ...and so much more!
  • Saberwalk

    Member
    MDS Supporter
    Aug 13, 2020
    82
    MD
    The DNR statute prohibits any loaded long gun carry in a vehicle.

    MD 4-209 gives MD preemption over local firearm law

    An unloaded rifle in a vehicle is legal in MD

    There is no requirement for casing it like a handgun

    I can put my silencer equipped SBR on my back seat with my Magpul 60 round drum next to it. Perfectly legal.

    IMO a normal SD round is not “explosive” by its definition including hollow points

    IANAL


    Sent from my iPhone using Tapatalk

    Thanks. I am primarily concerned about wear and carry of a handgun. Given that a pistol or revolver is defined as “Any gun with a barrel less than twelve (12) inches in length that uses ‘fixed ammunition;’” and given that “fixed ammunition is defined as “Any ammunition composed of a projectile or projectiles, a casing, an explosive charge and a primer, all of which shall be contained as one (1) unit;” then it would generally follow that “explosive ammunition’ has a specific meaning, different from fixed ammunition such that the absence of the exemption for a W&C permit does not create a conflict with state law and 57-11. That said, I have no idea what the difference would be, particularly as these regulations are so poorly drafted.


    Sent from my iPad using Tapatalk
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,463
    Westminster USA
    It’s legal in my opinion but IANAL. As noted a handgun used fixed ammo not explosive ammo

    MOCO is attempting to exclude even W&C permit holders from carry in a public area.

    MSI has testified against this proposal and all but told them if you pass this we will sue you and win based on Bruen

    It’s their move


    Sent from my iPhone using Tapatalk
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,463
    Westminster USA
    So--- I've read the entire thread an didn't see this question come up. I've wondered about this for awhile and can't recall ever reading about it here on the forums.

    Question: Can a wear and carry permit holder transport or carry more than one loaded handgun/AR pistol/SBR in a vehicle or on his/her person at a time?

    As many as you like. The statute Makes no mention of quantity

    Therefore if not prohibited it’s legal


    Sent from my iPhone using Tapatalk
     

    teratos

    My hair is amazing
    MDS Supporter
    Patriot Picket
    Jan 22, 2009
    59,830
    Bel Air
    It’s legal in my opinion but IANAL. As noted a handgun used fixed ammo not explosive ammo

    MOCO is attempting to exclude even W&C permit holders from carry in a public area.

    MSI has testified against this proposal and all but told them if you pass this we will sue you and win based on Bruen

    It’s their move
    I hope Moco does it. They need to get their pee-pee slapped. The sad thing is, these dingleberries use our money to push their losing strategy.
     

    Threeband

    The M1 Does My Talking
    MDS Supporter
    Dec 30, 2006
    25,305
    Carroll County
    The only gun I can think of specifically designed to use "explosive ammunition" is an experimental British muzzle loader from the 1850s.

    That MoCo law is gibberish.
     

    Blacksmith101

    Grumpy Old Man
    Jun 22, 2012
    22,269
    It’s legal in my opinion but IANAL. As noted a handgun used fixed ammo not explosive ammo

    MOCO is attempting to exclude even W&C permit holders from carry in a public area.

    MSI has testified against this proposal and all but told them if you pass this we will sue you and win based on Bruen

    It’s their move


    Sent from my iPhone using Tapatalk
    Here is a link to

    Written Testimony Of Mark W. Pennak, President, MSI, in Opposition To Bill 21-22​


    It is a good read.
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,101
    Sorry for reviving this thread but I am a new MOCO W&C permit holder and have not seen any other discussion directly on point about MOCO 57-10. I read the entire chapter and cannot make sense of 57-10 unless the undefined term "explosive ammunition" and "lawful mission" have a specific meaning.

    The provision seems to prohibit open or concealed carry of a weapon designed to use "explosive ammunition" except for the indicated exemptions which do not include the wear and carry permit.

    In contrast, 57-11 prohibits possession of a firearm and ammunition within 100 yards of a place of public assembly but does not apply to: "apply to the possession of a handgun by a person who has received a permit to carry the handgun under State law." How are these two provisions reconciled or is it too much to expect sense here.
    It would appear that they are using the term "explosive ammunition" interchangeably with "fixed ammunition".

    State Statute is the controlling authority on ALL things dealing with the wear and carry of handguns via state preemption. So, with regards to carrying a handgun with a permit, in your vehicle in MoCo, you are perfectly legal.
    Also, I have yet to know of anyone with a carry permit arrested for doing so in their vehicle in MoCo. With all do respect, you are probably overthinking this, and you are worrying about something that is currently not an issue.
     

    Saberwalk

    Member
    MDS Supporter
    Aug 13, 2020
    82
    MD
    It would appear that they are using the term "explosive ammunition" interchangeably with "fixed ammunition".

    State Statute is the controlling authority on ALL things dealing with the wear and carry of handguns via state preemption. So, with regards to carrying a handgun with a permit, in your vehicle in MoCo, you are perfectly legal.
    Also, I have yet to know of anyone with a carry permit arrested for doing so in their vehicle in MoCo. With all do respect, you are probably overthinking this, and you are worrying about something that is currently not an issue.

    Appreciate the response. New W&C holder. While I have been exercising my right, I did want to understand the risks, if any. Always prefer overthinking to under prepared :)


    Sent from my iPhone using Tapatalk
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,101
    Appreciate the response. New W&C holder. While I have been exercising my right, I did want to understand the risks, if any. Always prefer overthinking to under prepared :)


    Sent from my iPhone using Tapatalk
    A lot of new people are over thinking things, my advise it not to (I know, hard to do with something like this). In this case, the rabbit hole you are in, is not an issue, feel free to com on out of it and find another one. When you do, we will be here to help you out. But does us all a favor, make sure you do a search to see if the next issue has already been addressed.
     

    esqappellate

    President, MSI
    Feb 12, 2012
    7,408
    The only gun I can think of specifically designed to use "explosive ammunition" is an experimental British muzzle loader from the 1850s.

    That MoCo law is gibberish.
    Ok, guys. Explosive does not mean an explosive bullet in these statutes. Explosive means the powder charge. All ammunition for a firearm qualifies.
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,463
    Westminster USA
    Thank you Counselor.

    So even though MD law allows an unloaded rifle on your back seat MO CO prohibits it?

    Seems like unloaded trunk carry is legal as well

    What about preemption?


    Sent from my iPhone using Tapatalk
     
    Last edited:

    Users who are viewing this thread

    Latest posts

    Forum statistics

    Threads
    275,421
    Messages
    7,280,926
    Members
    33,451
    Latest member
    SparkyKoT

    Latest threads

    Top Bottom