trasnportaion law regaurding utah concealed permit

[Alexp08]

So correct me if im wrong but the transportation law of a firearm in MD is to and from a range, gun smith, or gun shop.
So with a Utah class how would one get a gun out of the state, while doing it legally. without saying that im going to a range or what not out of state?

 

[SRD]

Do you need it for Utah class?

Not prohibited in Md. if;
(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;

Out of state FOPA.IANAL

 

[Alexp08]

no i dont need it for the class, but im thinking about after the class, once i have the permit.

 

[FFMike]

That's what I was thinking, unless he is also doing Live Fire to get a Fl permit as well...

 

[BigToe]

I would suggest applying for DC status. This will give you one more legal reason to transport....bringing all or part of you're collection to a public or private showing.

But to answer your question...

I do not see any provision in the law to transport a firearm to a state where you can legally CCW.

 

[damosan]

Federal law says you can transport a gun from state to state no?

Barring that "informal target shoot officer!"

D.

 

[mac1_131]

Yes you should be covered under the federal preemption as long as you transport unloaded and in a case and not accessible to the vehicle occupants. And as a backup defense, get your DC status as has been suggested.


Sent from my DROIDX using Tapatalk 2

 

[BigToe]

http://www.gunlawguide.com/Maryland.htm

Obviously not an official source, but does mention transporting through the state is OK, provided certain storage conditions are met.

 

[Tylenator]

I've always wondered the same thing OP. As a MD resident, theres no point in having a CCP in another state bc we cant legally transport the weapon across MD to that other state to carry it, unless we were going to a valid function.

In other words if i have a utah permit (as a MD resident) and im going up to PA for the day, I can't bring my gun to carry with me unless im going to a bonefide place?

Stupid.

 

[Alexp08]

Thanks guys. i do have my designated collectors permit so im good there.

 

[mac1_131]

I've always wondered the same thing OP. As a MD resident, theres no point in having a CCP in another state bc we cant legally transport the weapon across MD to that other state to carry it, unless we were going to a valid function.

In other words if i have a utah permit (as a MD resident) and im going up to PA for the day, I can't bring my gun to carry with me unless im going to a bonefide place?

Stupid.

federal law still preempts that and allows you to transport across state lines from where it is legal to posses (your home in MD) to where it is also legal to possess (the state you have a CCW in)

of course the obvious problem is the hassle of stopping and unloading it and storing it properly at the state line, plus the potential issue of making a direct trip home, but I haven't heard too many horror stories about that in MD like there have been in NJ

 

[Hawkeye]

I've always wondered the same thing OP. As a MD resident, theres no point in having a CCP in another state bc we cant legally transport the weapon across MD to that other state to carry it, unless we were going to a valid function.

In other words if i have a utah permit (as a MD resident) and im going up to PA for the day, I can't bring my gun to carry with me unless im going to a bonefide place?

Stupid.

That is absolutely not the case.

In situations where you are traveling interstate, Federal law (the Firearms Owner Protection Act, or FOPA, in this case) trumps the state law. Basically, FOPA says that as long as your journey starts in a place where you can legally have the gun and ends in another place where you can legally have the gun then you are protected by federal law while you are transporting the firearm between those two places. (See here for the specific wording.)

In other words, if your journey starts at your home in MD, where you can legally possess the firearm, and ends at your vacation spot in Utah, or Virginia, or wherever else where you can legally possess the firearm, you are protected by FOPA (which trumps any state law that would otherwise prevent you from transporting the firearm) while you are on your journey.

So if you have a permit that lets you carry in Virginia, and a place where you can go in Virginia, you can transport the gun from your home to your spot in Virginia and Maryland can't say boo about it.

 

[Engine4]

In other words, if your journey starts at your home in MD, where you can legally possess the firearm, and ends at your vacation spot in Utah, or Virginia, or wherever else where you can legally possess the firearm, you are protected by FOPA (which trumps any state law that would otherwise prevent you from transporting the firearm) while you are on your journey.

Except if you happen to go through DC or NYC. Those idiots make up their own laws as they go along. Avoid them at all costs.

 

[Stoveman]

As long as you are going through DC you are also protected by FOPA....

 

[Hawkeye]

Except if you happen to go through DC or NYC. Those idiots make up their own laws as they go along. Avoid them at all costs.

No, the FOPA trumps their local laws. Of course, you've gotta be willing to be the test case...

 

[swinokur]

FOPA has no bearing on you while you are still in MD. You haven't gone through the state and therefore you are intrastate at that point.There is no trumping anything. And how would you prove to LE that you are going out of state if you're still in MD when stopped?

And the AG has issued an opinion (I don't agree with it) that says for purposes of FOPA, you cannot CARRY and possess legally in MD, therefore FOPA doesn't apply.

ATTACHED.

Best to have your DC letter in your car gun safe. Or be involved in at least one allowed activity.

IANAL

 

[swinokur]

As long as you are going through DC you are also protected by FOPA....

THROUGH is the operative word if using FOPA as an affirmative defense. Starting in MD doesn't give you any FOPA protection whatsoever.

IANAL

 

[mac1_131]

read the opinions you attached. it says if "both the origin and destination were within Maryland"

this is not the case in the OP's question

how is an origin in MD and a destination in another state not interstate transport?

 

[swinokur]

That doesn't automatically infer if only one of them is in MD it would be legal either. That wasn't addressed by the opinion..He also used the word through MD. Starting in MD is not going through MD, and therore you are not interstate at that point. In conjunction with the FOPA opinion it isn't recommended you do it unless you would like to be the test case.

 

[swinokur]

read the opinions you attached. it says if "both the origin and destination were within Maryland"

this is not the case in the OP's question

how is an origin in MD and a destination in another state not interstate transport?

If you are stopped in MD you are intrastate, not interstate. How would you prove that if you're a MD resident?

If you are in MD, best to follow MD laws. FOPA isn't going to be an affirmative defense if you're in MD when stopped.

IANAL.