Transporting

[swinokur]

The only issue is the AG contradicts himself when he says "it (4-203) would have no bearing on a firearm being transported through MD." That would indicate FOPA only apples when driving through the state, even if if the origin and destination are not both in MD. The question is which part of the opinion is correct.?

I am attaching an additional unofficial opinion that says an affirmative defense utilizing FOPA MAY not be legal in MD because according to the AG in MD you cannot "posses and carry" as mandated for both origin and destination requirements in FOPA

What a mess. My plan is in MD I will use the allowed exceptions in 4-203, not FOPA. My opinion is if a MD LEO assumes if you have MD tags you are not going through nor are you allowed to "carry and posses" off your property as the AG opinion states.

Pretty dicey if you ask me.

IANAL

opinions attached.

 

[esqappellate]

The only issue is the AG contradicts himself when he says "it (4-203) would have no bearing on a firearm being transported through MD." That would indicate FOPA only apples when driving through the state, even if if the origin and destination are not both in MD. The question is which part of the opinion is correct.?

I am attaching an additional unofficial opinion that says an affirmative defense utilizing FOPA MAY not be legal in MD because according to the AG in MD you cannot "posses and carry" as mandated for both origin and destination requirements in FOPA

What a mess. My plan is in MD I will use the allowed exceptions in 4-203, not FOPA. My opinion is if a MD LEO assumes if you have MD tags you are not going through nor are you allowed to "carry and posses" off your property as the AG opinion states.

Pretty dicey if you ask me.

IANAL

opinions attached.

Bowen is assuming that you are carrying outside your home as your "point of origin" and that is not true if you are starting out from your home

 

[swinokur]

Bowen is assuming that you are carrying outside your home as your "point of origin" and that is not true if you are starting out from your home

So what if you are starting out from the gun store? While you can transport the firearm, it allows your origin or destination to be your home. So what is permissible if you pick up your repaired firearm and decide to go to the NRA range?

I'm confused even more now.

 

[jonnyl]

Bowen is assuming that you are carrying outside your home as your "point of origin" and that is not true if you are starting out from your home

That's what I was hoping...

Still won't become a test case though... I can't afford real legal advice, that's why I come here!

 

[mvee]

So what if you are starting out from the gun store? While you can transport the firearm, it allows your origin or destination to be your home. So what is permissible if you pick up your repaired firearm and decide to go to the NRA range?

I'm confused even more now.

Place of purchase and place if repair are reasons to transport. See esqapellates attachment (3) on page 2

 

[swinokur]

My concern is that the AG opinion says FOPA MAY not cover you and it doesn't stipulate your residence. He says "carry and possess" in MD imay not be legal without specifying any exceptions.

He can still prosecute you. Not likely but who knows?

 

[swinokur]

Place of purchase and place if repair are reasons to transport. See esqapellates attachment (3) on page 2

That's one reason I would use 4-203 as a defense if I am charged in MD, not FOPA.

 

[esqappellate]

So what if you are starting out from the gun store? While you can transport the firearm, it allows your origin or destination to be your home. So what is permissible if you pick up your repaired firearm and decide to go to the NRA range?

I'm confused even more now.

I personally would have no problem with going from the gun store/repairshop and going directly to the range.

 

[swinokur]

Me neither. 4-203 allows it. FOPA? who knows?

 

[esqappellate]

My concern is that the AG opinion says FOPA MAY not cover you and it doesn't stipulate your residence. He says "carry and possess" in MD imay not be legal without specifying any exceptions.

He can still prosecute you. Not likely but who knows?

FOPA never covers you if both your point of origin and your point of destination are in MD. FOPA covers only interstate transportation.

 

[swinokur]

I know but the AG also mentions the word "through"

what a mess. He muddied the waters even more IMO.

 

[Keystone70]

My concern is that the AG opinion says FOPA MAY not cover you and it doesn't stipulate your residence. He says "carry and possess" in MD imay not be legal without specifying any exceptions.

He can still prosecute you. Not likely but who knows?

Perhaps we could solicite an answer from MD with the specific example of leaving from home to go to VA/PA where your UT permit is legal? Of course the return trip home, too, where you are coming into maryland from outside with your home as destination.

 

[Mr H]

So what if you are starting out from the gun store? While you can transport the firearm, it allows your origin or destination to be your home. So what is permissible if you pick up your repaired firearm and decide to go to the NRA range?

I'm confused even more now.

I'd say to follow FOPA.

Well, I am assumiong in your hypothetical that, with the NRA Range in VA, the "gun store" is in MD...

 

[esqappellate]

Me neither. 4-203 allows it. FOPA? who knows?

FOPA doesn't matter in your example. FOPA merely creates an affirmative defense to any charges that could be brought under a state's law. So if the state allows it, FOPA never comes into play.

 

[Redcobra]

The only issue is the AG contradicts himself when he says "it (4-203) would have no bearing on a firearm being transported through MD." That would indicate FOPA only apples when driving through the state, even if if the origin and destination are not both in MD. The question is which part of the opinion is correct.?

I am attaching an additional unofficial opinion that says an affirmative defense utilizing FOPA MAY not be legal in MD because according to the AG in MD you cannot "posses and carry" as mandated for both origin and destination requirements in FOPA

What a mess. My plan is in MD I will use the allowed exceptions in 4-203, not FOPA. My opinion is if a MD LEO assumes if you have MD tags you are not going through nor are you allowed to "carry and posses" off your property as the AG opinion states.

Pretty dicey if you ask me.

IANAL

opinions attached.

How about driving from MD to a range in VA?
I have a friend in VA and we want to shoot at his range.
I told him if he wants to shoot here at my range, not to chance it, he can use my pistols.

 

[swinokur]

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.

 

[jonnyl]

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 Best idea all day!

 

[lx1x]

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.

just spin the opposite direction. it will even out. hahaha.

 

[Andras]

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.

 

[swinokur]

Having drivng directions in your car doesn't prove much of anything, Anyone can put directions in their car and still have a nefarious purpose in mind. But I guess it's all we've got. I think going or coming from a gun store is another good and allowed reason as you can state "I didn't find what I wanted."

Esq said the burden is on you because you are claiming an allowed exception. My plan is locked, unloaded in my vehicle and not being opened for anyone without a search warrant.