Transporting handgun from MoCo Md to WVa

[nick_danger]

Hello all,

I live in MoCo and have a second home in WV. I just applied.for my MD HQL, and would like to use the shooting ranges in Hagerstown. After which I would continue on to Berkeley county.

Can I legally transport an unloaded firearm across state lines without being thrown in the gulag? Or will I need a MD ccw? Also, once in WV am considered to be illegally possessing a firearm?

WV seems 2A friendly and if I read the law correctly there should be no trouble. I am new to all of this, so any help with understanding what to do is appreciated.

Thank you

 

[Occam]

If you are transporting without a MD Wear & Carry permit, just unload it, and put it in an enclosure in the back of your vehicle while you're driving in Maryland.

Once you're done in Hagerstown, stash it again the same way, and head to America. When you cross the line into WV, you can load it up, put it in a holster, and wear it concealed or open as you see fit. WV considers you to be a US citizen with rights protected by the Constitution. That doesn't change the fact that if you're not used to the logistics and thinking that needs to go into carrying on your person, you should make that a priority before you do. But you're not going to be in trouble in WV for having it in your vehicle or on your person, they're cool that way.

Maryland is not, of course - so don't forget to unload and close it back up when you leave America and come back into Maryland.

 

[MoRicks]

I second Occam. You have a right to transport your property unloaded and cased. It doesn’t necessarily have to be in the trunk of your vehicle but it needs to be separated from ammo.

 

[Doctor_M]

Transporting a handgun to a range or shooting event is one of the exemptions carved out for transport without permit. Also includes to/from FFL/gunsmith, hunting dog training, or moving a collection for display if you are a bonafide collector (whatever that means... most take it to mean have MD designated collector status, but it isn't defined and I don't think it has ever been adjudicated in court).

 

[Doctor_M]

As others mention, unloaded and in enclosed case.

 

[Doctor_M]

If you travel across state lines, The Firearm Owners' Protection Act applies (although I wouldn't rely on those protections in places like NY and NJ who have shown clear and utter contempt for the law).

 

[ken792]

You’re fine in WV. You can even buy during the time you reside in WV. There’s no sales tax on guns and ammo, you can take possession of mags of any capacity, and there’s no waiting period for anything.

May a person who resides in one state and owns property in another state purchase a firearm in either state? | Bureau of Alcohol, Tobacco, Firearms and Explosives

If a person maintains a home in two states and resides in both states for certain periods of the year, they may, during the period of time they actually reside in a particular state, purchase a firearm in that state. However, simply owning property in another state does not alone qualify the...

www.atf.gov

 

[Biggfoot44]

Transporting a handgun to a range or shooting event is one of the exemptions carved out for transport without permit. Also includes to/from FFL/gunsmith, hunting dog training,

From home to range in Hagerstown , that falls within the Approved Destinations in 4- 203 .

WV is Con Carry . Once you cross the border . you are free to load up and strap on .

******************************

Paying attention to what I said , and didn't say , what's the potential adjacent pitfalls ? If you Not heading to the range each time , and instead shopping or sightseeing in Hagarstown.

If you had a W&C , you'd be mostly able to Transport wherever whenever . Without W&C , you're limited to going to the specific approved destinations .

 

[Doctor_M]

Biggfoot44 is correct, per usual. FOPA would cover interstate travel to anyplace that wasn't constitutional carry or for which you didn't have a permit that was honored.

 

[erwos]

Biggfoot44 is correct, per usual. FOPA would cover interstate travel to anyplace that wasn't constitutional carry or for which you didn't have a permit that was honored.

FOPA does not apply in the origin state or the destination state. FOPA has no application in this scenario. I am a little surprised at the number of people claiming this to be the case.

You would be best advised to get a W&C permit, which is the real way to resolve this problem in MD.

All of that said, traveling to the shooting range is fine.

 

[Old-School Mark]

The previous answers are all, at least mostly, correct. But, let me clarify a few things.

Traveling to and from a shooting range, gunsmith, gun shop, hunting activity or any other legal activity that involves firearms all allow you to carry your firearm in the trunk of the vehicle, if your vehicle has a trunk; otherwise it must be in a part of the vehicle as far from the driver as possible and NOT accessible to any occupant of the vehicle. The firearm MUST be unloaded and ammunition must be kept in a separate compartment. The term “compartment” is somewhat ambiguous, if the ammo is in a different case than the firearm, you’re legal. If the ammo and gun are in the same container, but different sections, each having it’s own closure (such as separate snaps or zippers) you may be safe depending on the mood of the officer, if you’re stopped.

The Firearm Owners’ Bill of Rights will protect you if you’re traveling in between two states where you may legally possess a firearm as long as you’re just traveling trough any states in between, without stopping. I do not believe it offers any protection in the starting or destination states. In those states you MUST adhere to those individual state laws. So, going from MD directly to WV, without passing through any other states the FOPA probably isn’t relevant. If you are traveling through a state, under the FOPA, you will not be protected if you stop for the night. Stopping for fuel may not be permissible, so you should plan your fuel stops so they happen in gun friendly states.

The HQL only allows you to purchase a handgun in MD, it does not give any additional privileges when it comes to transport.

I hope this helps.

 

[Biggfoot44]

your firearm in the trunk of the vehicle, if your vehicle has a trunk; otherwise it must be in a part of the vehicle as far from the driver as possible and NOT accessible to any occupant of the vehicle. The firearm MUST be unloaded and ammunition must be kept in a separate compartment. The term “compartment” is somewhat ambiguous, if the ammo is in a different case than the firearm, you’re legal. If the ammo and gun are in the same container, but different sections, each having it’s own closure (such as separate snaps or zippers) you may be safe depending on the mood of the officer, if you’re stopped.

And as is frequent , Maryland transport method requirements and FOPA transport requirements are being intermingled . The above quote is reasonably close to FOPA . Maryland law is very strict as to the Why & where , but surprisingly permisive as to the How .

Maryland Law only requires Unloaded and Encased .

Magazines may be loaded , and imeadately adjacent to firearm , as long as not inserted .

Not required to be in trunk , far corner of SUV , locked case(s) , etc

Encased also explicitly includes a holster with a strap .

 

[Blacksmith101]

You’re fine in WV. You can even buy during the time you reside in WV. There’s no sales tax on guns and ammo, you can take possession of mags of any capacity, and there’s no waiting period for anything.

May a person who resides in one state and owns property in another state purchase a firearm in either state? | Bureau of Alcohol, Tobacco, Firearms and Explosives

If a person maintains a home in two states and resides in both states for certain periods of the year, they may, during the period of time they actually reside in a particular state, purchase a firearm in that state. However, simply owning property in another state does not alone qualify the...

www.atf.gov

Long guns as long as they are legal in both states and handguns must be transferred through an FFL in your home state. IIRC

 

[ken792]

Long guns as long as they are legal in both states and handguns must be transferred through an FFL in your home state. IIRC

If he qualifies as a dual resident under that ATF FAQ, he can buy whatever he wants as a WV resident when residing in WV.

 

[mac1_131]

And as is frequent , Maryland transport method requirements and FOPA transport requirements are being intermingled . The above quote is reasonably close to FOPA . Maryland law is very strict as to the Why & where , but surprisingly permisive as to the How .

Maryland Law only requires Unloaded and Encased .

Magazines may be loaded , and imeadately adjacent to firearm , as long as not inserted .

Not required to be in trunk , far corner of SUV , locked case(s) , etc

Encased also explicitly includes a holster with a strap .

Yup, another thread full of misinformation and BGOS. Good grief.

No disrespect intended towards anyone, MD gun laws poorly written and hard to understand, by design.

 

[MeatGrinder]

If he qualifies as a dual resident under that ATF FAQ, he can buy whatever he wants as a WV resident when residing in WV.

What does it take to qualify as a resident of another state?

 

[Vernon James]

Here are my thoughts on this topic.

One of the lawyers I first worked for had a saying : “When in doubt, read the statute.”

If this is too long (TL;DR), just click on the links to the relevant statutes and read for yourself.

OP wants to travel from his MD residence to a MD gun range, then from the MD gun range to his second home in West Virginia.

There are 2 legs to this trip, one is intrastate and one is interstate.

First leg

Traveling from the OP’s home in Maryland to the Maryland gun range (without a wear and carry permit) is permitted by one of the exceptions in Maryland Criminal Law, Section 4-203. Here’s a link to the statute: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcr&section=4-203&enactments=false

Section (b) (4) provides the OP the exception to the prohibition against carrying a firearm from his home in MD to a gun range in MD.

Here is an excerpt:

§4–203.

(a) (1) Except as provided in subsection (b) of this section, a person may not:

(i) wear, carry, or transport a handgun, whether c(4oncealed or open, on or about the person;

(ii) wear, carry, or knowingly transport a handgun, whether concealed or open, in a vehicle traveling on a road or parking lot generally used by the public, highway, waterway, or airway of the State;

……….

(b) This section does not prohibit:

…….

(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;





Second leg

Traveling from a MD gun range to OP’s home in West Virginia is allowed under both state and Federal law if the specific conditions of either law are met. Note that carrying restrictions are different depending on whether he’s relying on Federal or state law.



Under MD state law, he may transport the gun under the 4-203 exception for transporting to his residence (law doesn’t specify that the residence has to be in MD). WV law kicks in when he passes into WV. (WV has little issue with transporting firearms).

In the alternative, OP may rely on Federal law and not worry about MD transport law IF he complies with the requirements of 18 USC 926A.

Under Federal law, 18 USC 926A applies to transporting firearms in interstate commerce. Traveling from Maryland to West Virginia is interstate commerce. 926A also pre-empts state law if relied upon.

As he is traveling from the gun range (where he can lawfully possess according to Maryland law) to West Virginia (where he can lawfully possess (according to WV law), he is good to go under 926A as long as he complies with the restrictions.

Here’s the link to 926A:

https://www.law.cornell.edu/uscode/text/18/926A

I’ve added the emphasis in bold for ease of reading.

“Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.”

 

[ken792]

What does it take to qualify as a resident of another state?

What constitutes residency in a state? | Bureau of Alcohol, Tobacco, Firearms and Explosives

For Gun Control Act (GCA) purposes, a person is a resident of a state in which he or she is present with the intention of making a home in that state. The state of residence for a corporation or other business entity is the state where it maintains a place of business. A member of the Armed...

www.atf.gov

And here is the clarification on the 4473 explaining how to prove it.

 

[nick_danger]

If you are transporting without a MD Wear & Carry permit, just unload it, and put it in an enclosure in the back of your vehicle while you're driving in Maryland.

Once you're done in Hagerstown, stash it again the same way, and head to America. When you cross the line into WV, you can load it up, put it in a holster, and wear it concealed or open as you see fit. WV considers you to be a US citizen with rights protected by the Constitution. That doesn't change the fact that if you're not used to the logistics and thinking that needs to go into carrying on your person, you should make that a priority before you do. But you're not going to be in trouble in WV for having it in your vehicle or on your person, they're cool that way.

Maryland is not, of course - so don't forget to unload and close it back up when you leave America and come back into Maryland.

Yup, another thread full of misinformation and BGOS. Good grief.

No disrespect intended towards anyone, MD gun laws poorly written and hard to understand, by design.

Amen to that.

 

[nick_danger]

What constitutes residency in a state? | Bureau of Alcohol, Tobacco, Firearms and Explosives

For Gun Control Act (GCA) purposes, a person is a resident of a state in which he or she is present with the intention of making a home in that state. The state of residence for a corporation or other business entity is the state where it maintains a place of business. A member of the Armed...

www.atf.gov

And here is the clarification on the 4473 explaining how to prove it.

View attachment 425924

My understanding to become a resident of WV I must reside there for at least 6 months, and provide proof via deed, mortgage statement, etc, and have state issued id.