Question about Maryland respect for FOPA

[Brooklyn]

Fopa need to be fixed.

 

[Brooklyn]

Thank you everyone. And thank you for welcoming me to this forum. I am a resident of Fairfax County, VA (so I live close to MD) so I try to keep an eye out on the laws on your side of the Potomac.

When I am transporting a pistol in MD, I am always passing on from my home in VA to another state (usually Delaware). Since I have VA plates and a VA DL, any LEO would probably believe that I did not commence my trip from inside MD. The only question it would seem, is whether I am in fact just moving through MD to another state. I can always provide my in-laws address in Delaware if asked. The big question is whether the local LEOs would respect the fact that I am transporting in conformance with the FOPA or whether (like the practice in NJ) would arrest and let the courts sort it out.

Contrary to popular belief, the U.S. Supreme Court has permitted LE to conduct a "Terry" type search for weapons of the passenger compartment of vehicles without warrants, (the case is Michigan v. Long). The LEO must have some suspicion that the person is armed to conduct such a search. Usually, a LEO does need a warrant or be making an arrest to search the trunk. Since I have an SUV, however, my entire car is a passenger compartment.

Breaching a lock in order to secure officers safety is a hard sell. They may claim contraband to do so... But that's why cases should be locked. In fact I am starting to lock all bags I keep in the car.. They can explain why they breached the locks or they can leave them be.