Transporting handgun from MoCo Md to WVa

[Biggfoot44]

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.

Actually , this is once where Maryland Law is actually simple , but everyone tries to make harder .

 

[nick_danger]

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.”

Thank you for your info.

 

[nick_danger]

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 .

Thank you for your help

 

[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.

Thank you

 

[ken792]

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.

What the state considers residency for taxation or ID purposes is different from and not relevant to what’s the ATF considers residency for firearms.

There’s at least one gun store around there that will do transfers to the full extent allowed by the law. They accepted my friend’s dad’s property tax bill as his proof of residency exactly as in that example the ATF gives. I can tell you which store that is if you PM me.

 

[mac1_131]

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.”

Thank you. Accuracy.

 

[davsco]

What the state considers residency for taxation or ID purposes is different from and not relevant to what’s the ATF considers residency for firearms.

yep. bring a DL from your home state, and some proof you own property in WV, and you can buy firearms in WV. I'm guessing this isn't widely known so i'd check beforehand with the ffl or store you're intending to use. i hadn't heard of this "loophole" and didn't believe it before, but got an email from someone at atf confirming.

i actually own stuff in wv and fl so might have to actually put this to the test...

 

[nick_danger]

yep. bring a DL from your home state, and some proof you own property in WV, and you can buy firearms in WV. I'm guessing this isn't widely known so i'd check beforehand with the ffl or store you're intending to use. i hadn't heard of this "loophole" and didn't believe it before, but got an email from someone at atf confirming.

i actually own stuff in wv and fl so might have to actually put this to the test...

Let's find out!

 

[Biggfoot44]

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.

There is what WV considers establish Residency.

There is what Maryland considers to establish Not being Resident .

There is what ATF considers Domicile , such to purchase firearms .

Note the words Residency and Domicile . They have different meanings in different contexts .

Forgive my ignorance.. Trying to pm but don't see how.

Click on Poster's name at top of Post . In the box that then appears , click on " Start Conversation " .

 

[nick_danger]

In WV, when in a vehicle does the firearm has to be in plain sight? Or is it don't ask, don't tell?

 

[teratos]

Life is much easier when you “get” the 4th and 5th amendments and know that an Unconstitutional law is not a law.

 

[teratos]

In WV, when in a vehicle does the firearm has to be in plain sight? Or is it don't ask, don't tell?

WV is constitutional carry. You can carry it concealed.

 

[Biggfoot44]

WV is constitutional carry. You can carry it concealed.

As long as you're 21yo . 18- 20 has to OC .

 

[teratos]

As long as you're 21yo . 18- 20 has to OC .

I was assuming OP is at least 21 due to the HQL.

 

[Biggfoot44]

Probably. Just throwing out for benefit of other readers.

 

[press1280]

FOPA generally covers you travelling directly THROUGH a state, not necessarily your beginning state and final destination state as I understand it.
I think you're good with the advice above for MD.

A place like NJ is different though. Everything not included as an exception is illegal. Transporting to another state for non-target shooting (or repair,exc.) is technically not covered.

 

[bcr229]

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.

Not six months. If you move in you have 30 days to change your driving license. You can then start the process to get your WV carry permit, which is useful for reciprocity with other states, and to bypass NICS when you purchase a firearm from an FFL.

 

[Biggfoot44]

Different answers for different contexts .

They want your drivers license right away . Resident Hunt License is long wait .