Loaded magazine transport

[redeemed.man]

Except the more that we do long gun transport , the more we re-normalize it for new recruits to police agencies who encounter it.

It's not Long Gun Carry, but it's an important exercise in our heritage.

If we don't do this, who will?

I agree with this and I don't believe it is illegal to transport a completely loaded long gun in Maryland when not hunting, in other words for self defense. I just wouldn't suggest the loaded part (chambered, magazine inserted, etc.) due to the near certainty in my opinion that you will be arrested in Maryland. I don't believe you would be convicted assuming you retained a competent attorney but the arrest would be zero fun.

 

[Biggfoot44]

A Statute is a Statute, and can be enforced by any LEO.

Granted most urban or suburban wouldn't understand 98% of the Natural Resources Article, but this one is fairly simple.


( A decent % of rural Deputies probably do understand .)

 

[John from MD]

I recall that there is something in the COMAR in section 3 or 4 of the criminal codes that a loaded magazine would be considered the same as having a gun if the person was convicted of that particular crime. Memory fails but I recall this from somewhere around the '80s. Maybe some criminal lawyers (if we have any) can chime in.

 

[Rack&Roll]

Keep in mind there are cities in MD with grandfathered (pre-emption-exempt) laws about long guns in your trunk.

 

[redeemed.man]

A Statute is a Statute, and can be enforced by any LEO.

Granted most urban or suburban wouldn't understand 98% of the Natural Resources Article, but this one is fairly simple.


( A decent % of rural Deputies probably do understand .)

As I said you would almost certainly be arrested. Legislative intent was clearly geared towards hunting so I believe with a competent attorney (and a clean criminal record) you would absolutely be acquitted.

 

[redeemed.man]

Sometimes I wonder how many people ******** others for whatever complex they get off doing it. Real life trolls.

I also think some of it is simply repeating the false information they heard from a fellow moron as if it were fact.

 

[redeemed.man]

Keep in mind there are cities in MD with grandfathered (pre-emption-exempt) laws about long gimuns in your trunk.

Yes I should have mentioned that. Baltimore City being one I believe since I happen to be here right now.

No long gun on me but I am well protected.

 

[Rack&Roll]

I am less concerned about the average dufus than I am about the LEO who "agrees to disagree" when presented with the law on mags.

That LE should be reported to his agency. You are doing other Marylanders a service, while keeping the LE from making a mistake that harms the LE agency.

 

[CharlieFoxtrot]

Natural Resources Article 10-410(c):

(c) Hunting from vehicles.-
(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.

This is what people get charged with when they are caught with a loaded long gun in the car. Never seen anyone charged with this for having a loaded magazine separate from the gun. You can make an argument that this applies to hunting situations only and not carry for self-defense but there is no reported case law to support (or dispute) this position. However you can see there is no exception for law enforcement officers [like in the handgun transport section] This supports the proposition that it only applies to hunting or every every LEO in MD who carries a loaded long gun in their vehicle is breaking the law.

 

[redeemed.man]

Natural Resources Article 10-410(c):



This is what people get charged with when they are caught with a loaded long gun in the car. Never seen anyone charged with this for having a loaded magazine separate from the gun. You can make an argument that this applies to hunting situations only and not carry for self-defense but there is no reported case law to support (or dispute) this position. However you can see there is no exception for law enforcement officers [like in the handgun transport section] This supports the proposition that it only applies to hunting or every every LEO in MD who carries a loaded long gun in their vehicle is breaking the law.

Still not doing it though, and I even have a carry permit.

 

[Inigoes]

I interpret that to mean an empty chamber with rounds in the magazine (in the gun)
I got checked by a game warden, had my rifle laying on my tailgate, loaded magazine laying next to it and there was no problem.

^This

as long as the magazine it not "in" the firearm.

 

[beretta_maven]

Does this apply to rifles too? I had heard that rifle mags couldn't be loaded (even if not in a rifle), but I had heard it probably the same way the RSO heard that handgun mags were illegal to be loaded. Can someone please weigh in?

I sat at the Leonardtown MSP doing a gun transfer last year when a gentleman walked in and asked this same question to a state trooper, who promptly told him (falsely) that it was illegal to carry the magazines loaded in his vehicle, even when they were not in the rifle. Problem is, even the LEOs don't know the law.

 

[dbledoc]

I sat at the Leonardtown MSP doing a gun transfer last year when a gentleman walked in and asked this same question to a state trooper, who promptly told him (falsely) that it was illegal to carry the magazines loaded in his vehicle, even when they were not in the rifle. Problem is, even the LEOs don't know the law.

When I did my CCW interview the investigator "reminded" me that a loaded magazine=a loaded firearm in Maryland. I didn't comment, just nodded my head.

 

[pbharvey]

Good luck telling the police officer he's wrong when you're pulled over on the side of the road.
Next time the HGRB meeting happens ask the mac and cheese officer what his opinion is.

 

[Pinecone]

It's pretty sad that people that don't know what they are talking about spout off non-existent laws as if they do. This person is doing a disservice to the 2A community through disinformation.

They may not have been updated. This was how it was taught in MD back in the 90s.

 

[redeemed.man]

They may not have been updated. This was how it was taught in MD back in the 90s.

This was taught back in the 90's based on what law? It hasn't changed. Taught by who? Why would someone need to be updated on a law that hasn't changed?

 

[TerminatorSVT]

From the MSP website:

How can I legally transport firearms within / through Maryland?

​They must be unloaded, in a carrying case, holster with a flap and the ammunition should be separate. It would be best to keep the unloaded weapon in the trunk where you do not have access to it. There are further regulations but essentially you can only transport a handgun between residence, to and from a repair shop, a shooting sporting event, between a residence and place of business if substantially owned and operated by the person. For more information please contact our Licensing Division​.

http://mdsp.maryland.gov/Organization/Pages/CriminalInvestigationBureau/LicensingDivision/FAQs.aspx

 

[Doobie]

It's pretty sad that people that don't know what they are talking about spout off non-existent laws as if they do. This person is doing a disservice to the 2A community through disinformation.

I've encountered a couple of gun shop owners who have spouted off false information regarding loaded magazines, ownership and use of magazines with greater capacity than 10 rounds etc. Even after showing them letters from MSP firearms licensing division to prove their statements to be false, they still insisted on their "understanding". The stupid hurts and they are only doing a disservice to the 2A community as well a themselves

 

[d33rhunt3r]

I remember being told that a loaded mag was fine, EXCEPT in Moco. Maybe Moco has their own rule about it? Or maybe that's not true at all.

Sent from my Nexus 6P using Tapatalk

 

[Pinecone]

This was taught back in the 90's based on what law? It hasn't changed. Taught by who? Why would someone need to be updated on a law that hasn't changed?

Law doesn't change, but interpretations do.

Prior to the AG letter, there was nothing you could hang your hat on that it was OK.