Delaware Concealed Carry Forum

CCW Methods & Issues => General CCW Discussion => Topic started by: Just Bill on November 19, 2013, 11:40:53 AM

Title: New MD laws???
Post by: Just Bill on November 19, 2013, 11:40:53 AM
Anyone have the facts on Marylands new laws??  Can I take my AR to Elk Neck for practice???  I know concealed carry is a no-no.  I usually unload at the border and lock everything up in separate containers.  But if the AR is locked up and disassembled, is it still illegal??  I had heard from a retired law enforcement type that transporting a disassembled gun is legal in all 50.  I know that to be wrong in NJ.

JB
Title: Re: New MD laws???
Post by: Radnor on November 19, 2013, 01:15:54 PM
I had heard from a retired law enforcement type that transporting a disassembled gun is legal in all 50.  I know that to be wrong in NJ.

Add Delaware to that list too.
Quote
(12) "Firearm" includes any weapon from which a shot, projectile or other object may be discharged by force of combustion, explosive, gas and/or mechanical means, whether operable or inoperable, loaded or unloaded. It does not include a BB gun.
http://delcode.delaware.gov/title11/c002/index.shtml (http://delcode.delaware.gov/title11/c002/index.shtml)
ยง 222. General definitions.

IANAL and MAYBE you could take it all apart and have GUN PARTS, but I would not want to test it based on the definition above.
Title: Re: New MD laws???
Post by: Just Bill on November 19, 2013, 11:50:30 PM
Not really interested in testing MD law, I just want to shoot my guns!!!
Title: Re: New MD laws???
Post by: ESPMan on November 20, 2013, 12:00:52 AM
From what I understand, transporting long guns in MD is ok so long as ammo and firearm are separate. Handguns, however, are the problem child. I believe it says transporting hand guns is illegal, but I am not 100% sure.
Title: Re: New MD laws???
Post by: Radnor on November 20, 2013, 12:32:16 AM
MOM signed an AWB that started 1 Oct.  I believe it grandfathered If owned before that date.  Need proof
(receipt).  Not sure about magazine limits for them.  I was under the assumption of handgun ok **IF**
going directly to: FFL, your residence, a range, or a gunsmith etc.  PROVIDED it is unloaded and in a case or
holster that covers the trigger guard.

Bill,
guess you'll have to bring it down to camp this summer.  Maybe join me at 6:30 for a wake up call...   ;D
(Sure the campers will love to hear that in the morning.)
Title: Re: New MD laws???
Post by: Radnor on November 20, 2013, 12:38:19 AM
Cannot transfer a mag with over 10 rounds allowed.  Not sure about possessing them before 1 Oct.
http://www.mdshooters.com/showthread.php?t=136798 (http://www.mdshooters.com/showthread.php?t=136798)
Title: Re: New MD laws???
Post by: Radnor on November 20, 2013, 12:41:14 AM
This deals with moving into the State, NOT visiting.  Will look later for that.
http://www.mdshooters.com/showthread.php?t=138101 (http://www.mdshooters.com/showthread.php?t=138101)
90 days to register it.
Title: Re: New MD laws???
Post by: Radnor on November 20, 2013, 12:42:49 AM
Here is a summary of S.B 281.  I will read it tomorrow.
http://www.mdshooters.com/showthread.php?t=114585 (http://www.mdshooters.com/showthread.php?t=114585)
Title: Re: New MD laws???
Post by: Radnor on November 20, 2013, 12:32:14 PM
Bill,

Try this one.  Reply #2.
http://www.mdshooters.com/showthread.php?t=138334 (http://www.mdshooters.com/showthread.php?t=138334)

Quote
For all of the details go here and look at page 5: Transporting Firearms
http://www.handgunlaw.us/states/maryland.pdf

AR15 is considered a regulated firearm and the same rules apply to it as a handgun.

- Keep it locked and unloaded
- Keep ammo in a separate container

Regarding the 30 round mag it is lawful to own and posses it. It is unlawful to sell or purchase the 30 round mag in MD. Oct 1 law went into place where you can only buy or sell 10 round mag's, however possession is still legal.

P.S. I purchased my first AR15 before October and I carry my pinks in the case. You never know. I also keep a backup of the image online. I don't think its required but if you need to prove something and want to be hassle free, carry it.
Title: Re: New MD laws???
Post by: Radnor on November 20, 2013, 03:56:52 PM
Bill,

Your answer: 

I sent the following to the AG of Maryland:
Quote
Dear Attorney General Gansler;

I am a Delaware resident who often shoots at ranges located in Maryland.  Would you clarify a few things for me as I have NO interest in becoming Maryland's newest felon?

1.    Can I bring into the State an AR-15 and shoot it at a range located in Maryland?
2.    Can I use magazines that hold more than 10 rounds for the AR?

I have a Delaware Concealed  Weapons Permit I realise is not honoured by Maryland.  So before entering into Maryland I unload the firearm and place it in a holster that covers the trigger guard which is then placed in the back of my SUV (as far away from me as possible).

1.    Can I leave my magazines loaded?
2.    My handgun magazines hold more than 10 rounds, are they legal?

If I understand Maryland's code correctly, I can go DIRECTLY to and from a shooting range, FFL, gunsmith, and my residence in Maryland if I had one.  I'm sure reasonable stop would be permitted too (gas / food).

Thank you very much for taking the time to answer my questions.

Radnor

And the answer:

Quote
Dear Mr. Radnor,

I have been asked to respond to the questions raised in your recent email to Attorney General Gansler.

1.    Can I bring into the State an AR-15 and shoot it at a range located in Maryland?

Section 4-303(a) of the Criminal Law Article, Annotated Code of Maryland generally prohibits transportation of an assault weapon into Maryland and possession of assault weapons in Maryland.  However, Section 4-303(b)(3) states that, "A person who lawfully possessed, has a purchase order for, or completed an application to purchase an assault long gun or a copycat weapon before October 1, 2013, may: (i)   possess and transport the assault long gun or copycat weapon . . . ."

Accordingly, if you lawfully owned, or had a completed application or purchase order pending for, your AR-15 prior to October 1, 2013, you may bring it into Maryland and shoot it in any location where it is lawful to discharge firearms.

2.    Can I use magazines that hold more than 10 rounds for the AR?

Section 4-305 of the Criminal Law Article, Annotated Code of Maryland, with certain exceptions, prohibits the, "manufacture, sell, offer for sale, purchase, receive, or transfer a detachable magazine that has a capacity of more than 10 rounds of ammunition for a firearm."  The law does not prohibit the possession or transportation of high capacity magazines.

Accordingly, you may lawfully transport into, and possess within, Maryland magazines holding more than 10 rounds.

3.    Can I leave my magazines loaded?

Maryland law requires that firearms transported in a vehicle be unloaded.  There is no requirement that magazines also be unloaded.  Handguns must be transported, unloaded, "in an enclosed case or holster."

4.    My handgun magazines hold more than 10 rounds, are they legal?

The magazine capacity law referred to above applies to all detachable magazines.

With regard to the transportation of handguns in Maryland, under Section 4-203 of the Criminal Law Article, it is generally illegal to wear, carry or transport a handgun on your person or in a motor vehicle.  A number of exceptions exist under the statute that allow, for example, a person to wear, carry or transport a handgun on real estate that the person owns or leases or where the person resides or within the confines of a business establishment that the person owns or leases; to transport a handgun between bona fide residences; between residence and place of sale or repair; and, in connection with a target shoot, formal or informal target practice, sport shooting event, hunting and similar functions -- provided that the handgun is unloaded and carried in an enclosed case or enclosed holster during transport.  An exception also exists for individuals who have been issued a permit to carry a handgun by the Maryland State Police (Maryland does not recognize handgun carry permits issued by other states).

Mark H. Bowen
Assistant Attorney
Title: Re: New MD laws???
Post by: Just Bill on November 20, 2013, 10:52:36 PM
Radnor took a lot of time to research this......much better than info I had gotten.  All I had was bits and pieces that did not seem to connect.

Thanks!!!!!
JB
Title: Re: New MD laws???
Post by: sethinde on November 21, 2013, 03:46:18 AM
Way to go Radnor.  I have been wondering about this myself.  My father lives in north east and I always hear the range when at his house and it calls to me.  one day we are planning on visiting the range in north east and sending a few rounds downrange.    Now where is the receipt for my carbine???
Title: Re: New MD laws???
Post by: fdegree on November 22, 2013, 12:55:28 AM
Does anyone know what the penalty is for violating these laws?
Title: Re: New MD laws???
Post by: poster formerly know as Silverbullet on November 27, 2013, 03:09:18 AM
I am so glad all those gang bangers in Baltimore will be following these laws. I feel so safe  >:(