Transporting

[Maryland Hunter]

Before heading to VA, call the NRA range and ask what their hours are. Keep a print out of direction in your car too.

If you should get pulled over, there's your destination.

...and don't offer that you have firearms in the vehicle for a routine traffic stop. Now if you're stopped because you match the description of a robbery suspect, different situation.

MH

 

[swinokur]

Yep. My response will be "officer I have nothing illegal in my car."

Not a lie and not grounds for a search either IMO

IANAL and I didn't stay at a Holiday Inn express either.

 

[Keystone70]

Going from MD to a range ANYWHERE is legal according to 4-203. One problem with asserting FOPA is if you are stopped in MD. How do you prove you were going Interstate? When a cop stops you in MD you are in limbo IMO. You are carrying and possesing in MD w/o a permit but engaged in a permitted 4-203 activity. If I'm in MD, I'm sticking to having a legal reason (4-203) to be transporting. Of course if your weapon is locked up according to FOPA how would a LEO know you are carrying without a search, which I would not permit under any circumstances.

My head is spinning. I need a cold Sam.

This seems to be the standard answer I've read here and in numerous other similar threads. But: How do you prove you are going to or from a range whether in MD or not? This means that you can only travel during the hours a range may be open? What do you need for proof? Shot up targets, etc? How does someone traveling from NC to PA going through MD prove they are travelling through MD and not stopping? Can you stop for gas or a pee break? Where does it end? Can we be stopped at checkpoints to see our papers? This is rediculous. All I want to do is transport my gun from home to PA. I will be visiting family or friends and attending outdoor festivals where open carry has been observed(for example). I have a UT permit, like many of you. I would transport through MD using the FOPA requirements. Once in PA, I can get the gun out of the trunk and carry. On the return trip, stop before entering MD and put the gun back in the trunk following FOPA rules. This sounds like it meets all applicable laws. I don't want to have to wait until a range is open to do my traveling. I drive a regular family car with no bumper stickers or radical clothing. I'm not a youngster, either. I can't imagine being stopped for anything that would cause the police to want to search my vehicle. Of course, anything is possible.

 

[swinokur]

This is the dilemma we law abiding citizens agonize over while the criminal element laughs at us and does what they want.

I think the advice given when you travel to another state is to lock your unloaded weapons up per FOPA is a prudent course of action. It would be hard IMO for MD to prove your willful intent to break the law even if not engaged in one of the allowed activities stated in 4-203 if you comply with FOPA for travel out of the state.

The issue in my mind is INTENT.

 

[fatboyloball]

I prefer to have the ammo and the gun in separate containers, rather than the same pack. Also, magazines must be unloaded, as I understand it.

For further protection, I suggest you have some "range-specific items" with you. Ear and eye pro, targets, stapler, etc. Having those things makes it more plausible that you are in fact going to or coming from the range.

You can transport to the range, or a gun repair facility. There are a lot of gun repair facilities that don't have ranges. Now for my warped since of humor!

It is good to have those things you mentioned because if you shoot someone just staple a target to the person you shot and make certain to wear the eyes and ear protection. When the police arrive say I don't know what happened, I was practicing and he walked right behind my target.

 

[swinokur]

Bears repeating.

Loaded mags are legal in MD per the AG. They do NOT have to be separated from the firearm per MD 4-203.

MD 4-203

(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;

 

[JustCuz]

Throwing this question out there since it's slightly on-topic and something I considered just a few days ago:

If I wanted to match a a paint or stain color to the finish of a pistol for the purpose of touching up or making wooden grips, would it be permissible for me to carry the receiver (lower frame only, the body), WITHOUT ammo, magazine, slide, or barrel, into Home Depot, or would the receiver itself be considered a "firearm" or "handgun" under the law?

 

[swinokur]

No go. Illegal

The receiver is the gun as far as BATFE and LE are concerned.

IANAL

 

[Keystone70]

This is the dilemma we law abiding citizens agonize over while the criminal element laughs at us and does what they want.

I think the advice given when you travel to another state is to lock your unloaded weapons up per FOPA is a prudent course of action. It would be hard IMO for MD to prove your willful intent to break the law even if not engaged in one of the allowed activities stated in 4-203 if you comply with FOPA for travel out of the state.

The issue in my mind is INTENT.

I agree. That was my point. You would have to find an extremely anti-gun/self rituous LEO to deny your intent was just. Not saying it can't happen, though. I was just thinking, I hear of people flying out of town with their UT/FL,etc permits. They would have the same issues getting to the airport.

 

[swinokur]

See DOJ opinion of FOPA and air travel.

 

[Keystone70]

See DOJ opinion of FOPA and air travel.

Yes. But again, this seems to support that FOPA will protect you in MD when traveling out of state.

 

[swinokur]

Yes, but it addresses only air travel. Back to intent again. Easier to prove intent to fly with luggage in your possession rather than nothing but an explanation to a MD LEO.

 

[Keystone70]

Yes, but it addresses only air travel. Back to intent again. Easier to prove intent to fly with luggage in your possession rather than nothing but an explanation to a MD LEO.

True. Hotel bills/reservations should suffice too. The hardest one is where you stay with family or friends.

 

[swinokur]

Or I'm going to fly with no luggage. Then what? I have done this before for quick one day trips. How could I claim FOPA protection or even an allowed activity under 4-203 if I'm honest and I am going to fly?

Boarding pass or itinerary perhaps?

It's about what I can prove or disprove IMO.

It's a freak'in nightmare

 

[august1410]

There is something wrong with me....every time I see the title of this thread, I read it as "Trainspotting".

 

[swinokur]

There's a lot wrong with you Joe but Trainspotting ain't one of them !

 

[huesmann]

I'd appreciate help with this question as I know the transport laws are different for long guns.

I have a Henry AR7 take down survival rifle. The barrel unscrews as does the receiver. These fit inside the butt of the rifle along with three magazines. So although it's a rifle its totally disassembled and unable to fire until reassembled.

Can I carry this in my SUV without special requirements so long as ammo is in a separate container? I'm talking general transport/carry, not just to and from the range?

I think you could reasonably claim that the stock itself becomes the closed case, once you've stowed the parts inside it.

 

[eyesinpines]

I think you could reasonably claim that the stock itself becomes the closed case, once you've stowed the parts inside it.

Good point. As it's technically a long gun and in this condition inoperable, is it legal to carry in my SUV and leave it there? I dont mean JUST to and from the range but permanently?

 

[Mr H]

Good point. As it's technically a long gun and in this condition inoperable, is it legal to carry in my SUV and leave it there? I dont mean JUST to and from the range but permanently?

I would recommed not making the mistake of equating a regulated handgun with an unregulated long gun.

As I understand it, a long gun may be carried in a vehicle, unloaded, at pretty much any time (I say "pretty much" in the event of restricted places).

Different tools, different rules.

 

[LJPete]

What about sport utility vehicles? Would you treat these the same as trucks since they don't really have a lockable trunk? While the tailgate is lockable the soft tonoe cover hardly limits access to the cargo area, is it still considered a lockable trunk? Normally, I would keep the ammo in a seperate container in the back seat floor and the rifle in a case (not locked) in the trunk area. Do I need to place a lock on my case or rifle bag to be compliant? Does the ammo also need to be in the trunk are or is the back seat floor OK (in its own metal ammo box)?