MD Code Natural Resources 10-410 question

[Doctor_M]

So the natural resources code that bans loaded firearms in a vehicle in MD appears to have no exception for those who have a Wear and Carry permit. Can anyone point me to where it states that a permit holder can have a loaded weapon on their person while in a vehicle? Thanks.

Md. Code NR section 10-410
(c) (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.

 

[teratos]

So the natural resources code that bans loaded firearms in a vehicle in MD appears to have no exception for those who have a Wear and Carry permit. Can anyone point me to where it states that a permit holder can have a loaded weapon on their person while in a vehicle? Thanks.

Md. Code NR section 10-410
(c) (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.

There is nothing that says a permit holder may not have a loaded firearm in the vehicle....

 

[Doctor_M]

Thanks. I realize that's the case, was just looking to see if there was any language to that effect. My guess is I'm swimming upstream. Was just thinking that someone might get arrested on this even if they had a carry permit, and then have to go through the hassle in court to get it dropped.

 

[Brikhaus]

If you read the referenced § 4–203(b) of the Criminal Law Article and Title 5, Subtitle 3 of the Public Safety Article, it specifies having a w&c permit as an exception

 

[Doctor_M]

Ahh... thanks. That's what I was looking for. MDS brain trust comes through again.

 

[dblas]

So the natural resources code that bans loaded firearms in a vehicle in MD appears to have no exception for those who have a Wear and Carry permit. Can anyone point me to where it states that a permit holder can have a loaded weapon on their person while in a vehicle? Thanks.

It actually does and you quoted it.

Md. Code NR section 10-410
(c) (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 above highlighted is the exemption for those with a wear and carry permit.

 

[Tungsten]

I may be splitting hairs.. BUT:
"or a rifle containing any ammunition in the magazine or chamber."

Does that specifically mean a magazine inside the rifle? I know the basic rule of not having the rifle loaded with ammo, but is a loaded magazine sitting separately from a rifle in your trunk still considered within the scope of the quoted text? In my scenario, the ammo is in the magazine, but the rifle is not "containing" the magazine.