Possession by a non-resident

[1911turbo]

Hello all,

I'm a Mass resident and I'm planning a roadtrip that will take me through MD. Although I would be covered by FOPA, I'm still curious if I can legally possess a handgun in MD if I do make some stops. I realize that I won't be able to carry but I'm trying to figure out if I can legally have it locked up in the trunk while stopping to sightsee in MD. It is my understanding that the answer is "no" and that I shouldn't stop in MD and just rely on FOPA - correct?

Thanks!

 

[jawn]

Hello all,

I'm a Mass resident and I'm planning a roadtrip that will take me through MD. Although I would be covered by FOPA, I'm still curious if I can legally possess a handgun in MD if I do make some stops. I realize that I won't be able to carry but I'm trying to figure out if I can legally have it locked up in the trunk while stopping to sightsee in MD. It is my understanding that the answer is "no" and that I shouldn't stop in MD and just rely on FOPA - correct?

Thanks!

Basically, you should stick to FOPA. These are the permitted instances for handgun transport in MD:

(3) the carrying of a handgun on the person or in a vehicle while the person is transporting the handgun to or
from the place of legal purchase or sale, or to or from a bona fide repair shop, or between bona fide
residences of the person, or between the bona fide residence and place of business of the person, if the
business is operated and owned substantially by the person if each handgun is unloaded and carried in an
enclosed case or an enclosed holster;
(4) the wearing, carrying, or transporting by a person of a handgun used in connection with an organized
military activity, a target shoot, formal or informal target practice, sport shooting event, hunting, a
Department of Natural Resources-sponsored firearms and hunter safety class, trapping, or a dog obedience
training class or show, while the person is engaged in, on the way to, or returning from that activity if each
handgun is unloaded and carried in an enclosed case or an enclosed holster;
(5) the moving by a bona fide gun collector of part or all of the collector's gun collection from place to
place for public or private exhibition if each handgun is unloaded and carried in an enclosed case or an
enclosed holster;
(6) the wearing, carrying, or transporting of a handgun by a person on real estate that the person owns or
leases or where the person resides or within the confines of a business establishment that the person owns or
leases;

 

[nmyers]

You really don't want to leave a gun in your trunk overnight. Aside from the theft possibility, it can rust in a single night due to temperature changes & condensation of moisture in the air. If you must do it, be sure that the gun is in a sealed container with dessicant.

 

[HRDWRK]

Stay out of D.C. with a firearm.

 

[swinokur]

I thought I read a court held that brief stops for food and fuel are legal under FOPA. I don't think stopping to sight see would qualify as a short stop. Unless you are engaged in one of the activities listed in the previous post, I would not do it. maybe not correct

IANAL

 

[Welder84]

Welcome to Peoples Republic of Maryland

 

[iH8DemLibz]

Papers Please...

 

[1911turbo]

Basically, you should stick to FOPA.

A court held that brief stops for food and fule are legal under FOPA. I don't think stopping to sight see would qualify as a short stop. Unless you are engaged in one of the activities listed in the previous post, I would not do it.

IANAL

Thanks!

Stay out of D.C. with a firearm.

Abso-freakin'-lutely. I don't even like "FOPA-ing" across DC, NY, NJ.

Welcome to Peoples Republic of Maryland

Papers Please...

Please accept my appreciation for the warm welcome, on behalf of the Commiewealth of Taxachusetts.

 

[lowoncash]

Thanks!



Abso-freakin'-lutely. I don't even like "FOPA-ing" across DC, NY, NJ.




Please accept my appreciation for the warm welcome, on behalf of the Commiewealth of Taxachusetts.

You're welcome from the Taxryland state.

 

[BeoBill]

You're welcome from the Taxryland state.

Also known as The Fee State. Our motto: What's in YOUR wallet?

 

[esqappellate]

A court held that brief stops for food and fuel are legal under FOPA. I don't think stopping to sight see would qualify as a short stop. Unless you are engaged in one of the activities listed in the previous post, I would not do it.

IANAL

Cite?

 

[swinokur]

I can't recall. It was not the 4 CA so it doesn't really matter. Ill try to google for it.

but cars and people do run out of fuel.

 

[swinokur]

This isn't what I was looking for , but the 3 CA ruled that if the weapon is stored in your car, you may raise an affirmative defense. Not what I was looking for but somewhat related.

http://volokh.com/2010/03/30/unexpe...stay-criminal-prosecution-for-gun-possession/

if you leave the firearm in your car, it would seem if you don't access it, you have some limited protection.

 

[Blacksmith101]

Hello all,

I'm a Mass resident and I'm planning a roadtrip that will take me through MD. Although I would be covered by FOPA, I'm still curious if I can legally possess a handgun in MD if I do make some stops. I realize that I won't be able to carry but I'm trying to figure out if I can legally have it locked up in the trunk while stopping to sightsee in MD. It is my understanding that the answer is "no" and that I shouldn't stop in MD and just rely on FOPA - correct?

Thanks!

My brother, a former Maryland resident, lives in Texas and has a Texas permit as well as several others. He planned a trip back east and researched all the states he would visit or pass through. The only problem he found was Maryland (DC was not on the itinerary) we discussed all his options and his final solution was to leave his gun with a relative in Pennsylvania and pick it up on his way back.

 

[esqappellate]

This isn't what I was looking for , but the 3 CA ruled that if the weapon is stored in your car, you may raise an affirmative defense. Not what I was looking for but somewhat related.

http://volokh.com/2010/03/30/unexpe...stay-criminal-prosecution-for-gun-possession/

if you leave the firearm in your car, it would seem if you don't access it, you have some limited protection.

That is not, I'm afraid, the precise holding of the court in Revell. The court dismissed the FOPA based 1983 claim, holding that he did not fall within FOPA because: "Looking solely at the allegations of Revell’s original complaint, it is also clear that what happened here does not fall within § 926A’s scope because his firearm and ammunition were readily accessible to him during his overnight stay in New Jersey." That's not the same as holding that you can leave it in the car. To the contrary, it is at least arguable (and NJ would undoubtedly make this argument) that once the car stops and you get out of the car, the contents of the trunk (or other place in the car), become readily accessible, thus placing the person outside the scope of Section 926A.

 

[swinokur]

so how does one legally stop for fuel, food or the bathroom?

 

[esqappellate]

so how does one legally stop for fuel, food or the bathroom?

You do so at your peril. Personally, I don't. I fill up (with both) and take a bathroom break before I enter a state in which I cannot carry and don't stop until I get out of that state and enter a state in which I can. This is why lots of ccw permits are such a good idea if you travel much.

 

[swinokur]

great advice. I also stand corrected . (as usual)

 

[1911turbo]

You do so at your peril. Personally, I don't. I fill up (with both) and take a bathroom break before I enter a state in which I cannot carry and don't stop until I get out of that state and enter a state in which I can. This is why lots of ccw permits are such a good idea if you travel much.

This. Unfortunately in order to leave New England I have to go through NY. I always fill up, use the facilities, and put my gun away at the last exit in MA, and holster up again as soon as I reach PA. Through NY it's cruise control at 67mph, although I did have to stop once (correction: girlfriend had to stop ) but luckily nothing happened.

 

[esqappellate]

This. Unfortunately in order to leave New England I have to go through NY. I always fill up, use the facilities, and put my gun away at the last exit in MA, and holster up again as soon as I reach PA. Through NY it's cruise control at 67mph, although I did have to stop once (correction: girlfriend had to stop ) but luckily nothing happened.

Smart. Folks tend to forget that the protections of Section 926A extend explicitly only to the "transport" of the firearm (a person "shall be entitled to transport a firearm"). The term "transport" is ambiguous, but it is used as a verb in Section 926A and it is not necessarily the same thing as "traveling with"). So, if you aren't "transporting" you don't come within the scope.