Transporting standard magazines in DC

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  • Bullfrog

    Active Member
    Oct 8, 2009
    11,419
    Carroll County
    Guess it can happen but many probably don't know of that trap.

    There's a bigger trap than that on the GW parkway. All of Columbia Island, which the parkway traverses, is part of DC. See pic below.

    He made a wrong turn and ended up going across Memorial Bridge. When he got to D.C., he immediately made a U-Turn and headed back to Virginia,

    Actually, he would have been in DC before he ever got to the bridge. Both ends of the memorial bridge are inside DC:

    Screenshot_20220921-181349.jpg
     

    JohnnyE

    Active Member
    MDS Supporter
    Jan 18, 2013
    5,097
    MoCo
    Rascal - understood, not trying to commit a felony. A normal trip to DC is planned for me so putting in my 10 rd mag is not a problem. My thought was if I'm already out somewhere and decide to make a last minute trip for lunch or something into the city can I stay legal by locking up a mag. Or traffic gets diverted because of a major accident on 495 and now I'm in DC. Just looking for ways to stay legal.
    I was returning from the Nation's Gun Show with goodies when my best friend and his wife, whom I hadn't seen in six months, called me with a last minute invitation to The Palm for lobster. I had to take a hard pass.

    Another return from Chantilly with goodies meant enduring a hellish delay on the beltway to the American Legion Bridge even though taking the Chain Bridge would have skirted the issue. While I had FOPA on my side, even if you prevail in the legal system, you still lose just by playing.
     

    1841DNG

    Active Member
    Apr 17, 2016
    1,106
    While to my knowledge I have never violated D.C. law and do my best to avoid that jurisdiction I sure wish that my gps would let me blacklist roads and areas I don't like.
     

    rbird7282

    Active Member
    MDS Supporter
    Dec 6, 2012
    15,078
    This is a Maryland forum. Maryland, just like DC, arrests people who are 1% non compliant with FOPA. You can transit DC with reasonable and necessary stops, with proper securing of firearm transportation specified in FOPA just as you can Maryland. In both you are protected by federal law, and in both if you make one tiny mistake they will f you up.
    Really? How many people in MD have been arrested for a FOPA violation? While MD doesn't particularly care for gun owners, they aren't exactly screwing over hundreds of people for FOPA violations.
     

    rascal

    Active Member
    Feb 15, 2013
    1,238
    Really? How many people in MD have been arrested for a FOPA violation? While MD doesn't particularly care for gun owners, they aren't exactly screwing over hundreds of people for FOPA violations.
    How many people in DC who have been fully FOPA compliant have been arrested in DC? Can you name one? Please do not cite the one where the guy had the gun loaded, parked his car and went touring museums, he broke about every FOPA condition. Nor the truckers convoy guys who got arrested who were also manifestly not fopa compliant. Nor the guy who had a gun registered in Maryland, but not registered in DC who was transporting the gun from his office in Dc and therefore outside of FOPA protection

    Do you have evidence Marland is more respectful of FOPA than DC?

    And this is the northeast US, You have jurisdictions such as NJ and NY that have fought and won against claims of FOPA protection for magazines exceeding ten rounds. even when everything else the "offender did" was totally legal and fopa compliant. California also does not recognize FOPA when it comes to mags. Those are three states, but over 70 million people. In the northeast corridor it is I think impossible to go from New England to Maryland or VA without driving though NY.

    From Concealedcarry.com :

    An Important Note About Prohibited Items —​

    Some state legislatures enacted laws prohibiting things like “high-capacity” magazines, and “assault weapons.” Each state's statutes may vary on how many rounds it takes to qualify as high-capacity.

    If you have a 15 round magazine, and travel through a state that criminalizes possession of a magazine with a capacity over 10 rounds, 926A will not protect you. A US District Court addressed the issue in Coalition of New Jersey Sportsmen v. Florio.

    The plaintiffs Covey and Mohler contend that:

    …the recent amendments to New Jersey's gun control law are preempted by the federal statute providing for the interstate transportation of firearms. 18 U.S.C. § 926A. The federal statute provides, in essence, that anyone may transport firearms from one state in which they are legal, through another state in which they are illegal, to a third state in which they are legal, provided the firearms are transported in a prescribed, safe manner.[14] Plaintiffs argue that, under the recent amendments, they may be arrested for transporting firearms through New Jersey, even though they have complied with the federal statute.
    Here is what the court found:

    18 U.S.C. § 927. The Court sees no conflict between § 926A and New Jersey's recently amended gun control law. The risk that a person transporting firearms in accordance with § 926A will be arrested in New Jersey for possessing an illegal firearm or magazine is the same risk that person encounters whenever he or she drives through a state where such weapons are illegal. For plaintiffs' predicted irreparable injury to become realized, law enforcement officers … Moreover, the Court is aware of no requirement that the New Jersey law must contain an express acknowledgement of the Supremacy Clause and preemptive legislation in order to pass constitutional muster. Accordingly, plaintiffs' interstate transportation claim must fail as a matter of law, and will be dismissed. An order consistent with this opinion will be entered.
     

    rascal

    Active Member
    Feb 15, 2013
    1,238
    Rascal -. My thought was if I'm already out somewhere and decide to make a last minute trip for lunch or something into the city can I stay legal by locking up a mag. Or traffic gets diverted because of a major accident on 495 and now I'm in DC. Just looking for ways to stay legal.

    Sorry to be late replying. Non law enforcement possessing a over ten round mag, no matter if it is locked up in a safe in a locked trunk, unloaded, in pieces, for a gun you don't even possess or own is a felony in DC. It is a felony whether you have a lawful gun registration or not, it is a felony whether you have a carry license or not, it is felony whether it is locked in your car or locked in your home or place of business in DC, it is a felony of you have 99.999% otherwise FOPA compliance or not (and if you are having a business lunch in DC that is not FOPA compliant). And also you are outside of FOPA protection as you not going from one jurisdiction where it is legal to another where it is legal. A looped trip in somewhere and back home has already been excluded in FOPA claims all over the US. Moreover magazines have been excluded in the case law from fopa protection anyway. Arresting authorities have already won cases prosecuting magazine possession that is illegal in the transited state by claiming that magazines are not firearms and therefore not protected by FOPA even if you were fopa compliant otherwise. We will see if anything gets to supreme court, but so far the tide is against claiming any fopa protection for mags.

    In short your scenario above is not FOPA compliant, and even if it were, several jurisdictions would assert, and have won cases asserting, that fopa does not cover magazines.

    One of DC's most onerous gun laws is its felony law on over ten round mags. You can nicely explain you got stuck and think you are telling the cops you are a good guy with your locked up mag and your good intentions. They will nod and tell you you are a nice guy. And then you WILL go to prison for a year, it will be for a felony, you are virtually certain to be fired. you will lose not just all carry rights, but all firearms possession rights, in the entire USA, and for the rest of your life. Same for NY and NJ.
     

    rbird7282

    Active Member
    MDS Supporter
    Dec 6, 2012
    15,078
    How many people in DC who have been fully FOPA compliant have been arrested in DC? Can you name one? Please do not cite the one where the guy had the gun loaded, parked his car and went touring museums, he broke about every FOPA condition. Nor the truckers convoy guys who got arrested who were also manifestly not fopa compliant. Nor the guy who had a gun registered in Maryland, but not registered in DC who was transporting the gun from his office in Dc and therefore outside of FOPA protection

    Do you have evidence Marland is more respectful of FOPA than DC?

    And this is the northeast US, You have jurisdictions such as NJ and NY that have fought and won against claims of FOPA protection for magazines exceeding ten rounds. even when everything else the "offender did" was totally legal and fopa compliant. California also does not recognize FOPA when it comes to mags. Those are three states, but over 70 million people. In the northeast corridor it is I think impossible to go from New England to Maryland or VA without driving though NY.

    From Concealedcarry.com :
    Fair enough but you never directly addressed my question. You stated that MD and DC will screw you over for being 1% non compliant. While I agree about DC, MD does not seem to take it to the same level.
    Bottom line is that neither is prosecuting hardly anyone for FOPA violations. Being in state (not traveling through) and breaking laws in those states is a different thing altogether.
     

    rascal

    Active Member
    Feb 15, 2013
    1,238
    Fair enough but you never directly addressed my question. You stated that MD and DC will screw you over for being 1% non compliant. While I agree about DC, MD does not seem to take it to the same level.
    Bottom line is that neither is prosecuting hardly anyone for FOPA violations. Being in state (not traveling through) and breaking laws in those states is a different thing altogether.

    Jurisdictions don't prosecute for a FOPA violation, the jurisdictions contest the validity of you bringing it up as an affirmative defense.

    I cant see anything in case law that shows DC has contested people using FOPA as an affirmative defense for mags, other places have.

    There is no evidence at all that DC is less friendly to FOPA assertions than other Northeast jurisdictions. Again, if you look sat the cases people mention they are clearly not FOPA compliant.

    I am not defending DC's gun laws or application of them, but for the last five years when people were listing DC as the worst, it was not. I've had a shall issue carry license for five years when that would have been impossible had I lived in Maryland. I have seen people from Maryland and Virginia make outright false statements about what is legal and illegal in DC

    I used to respect John Lott, but I also saw that after the carry decision he promulgated a gun free zone map that was utterly bogus.

    So that is where I am coming from.
     

    Cold Steel

    Member
    Sep 26, 2006
    727
    Bethesda, MD
    There's a bigger trap than that on the GW parkway. All of Columbia Island, which the parkway traverses, is part of DC. See pic below.



    Actually, he would have been in DC before he ever got to the bridge. Both ends of the memorial bridge are inside DC:

    View attachment 381090

    Well, he was trying to navigate the circle and head to Reston. After he got to the Lincoln Memorial, he circled and attempted to return.

    When I worked at the NRA on Rhode Island Avenue, we used to bring our .22LR pistols in brief cases. Then, during lunch breaks, we'd go down and shoot at the indoor range. We could only shoot .22LR and I'd carry my Ruger auto or revolver. I had a satchel and would take it to work on the Metro. Those were the days!
     

    Crazytrain

    Certified Grump
    MDS Supporter
    Jul 8, 2007
    1,011
    Somewhere nearby
    Tyranny.

    Lock it up in a non-descript case and don't be stupid. Dumb luck can always happen; but you could probably drive in and out of DC ten thousand times without ever having any trouble from the fuzz. Heck, so long as you didn't go out of your way to draw attention to yourself I'd bet if you put a loaded belt fed machine gun and a case of grenades in the trunk and legally park you could go for a leisurely stroll through the mall without any real concern (ahem...edit to say assuming you left the ordinance in the trunk). Biggest risk is probably having your car stolen. Of course, if Murphy really wants to F with you, well, you know...

    Not that I'm endorsing breaking the law. Oh no. But if you did violate this unconstitutional piece of trash law I wouldn't look down on you or scold you in any way.
     
    Until capped mags are repealed, it’s real easy: I buy 10 and use 10 rounders only for DC, because while in MD you cannot purchase a weapon in MD with mags 10> you can carry and utilize higher capacity mags if purchased elsewhere. So, I use my higher capacity mags for training, and usually carry about 3-4 10 rounders for my EDC weapons, because I’ll probably be in DC at some point of the day. Inconvenient? Meh, I don’t complain because I can adapt.
     

    Sunrise

    Member
    Aug 18, 2020
    229
    Capital Region
     
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