Author Topic: Confused by Maryland law...  (Read 8140 times)

rusirius

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Confused by Maryland law...
« on: May 10, 2011, 01:56:48 AM »
I have a question about the law regarding transporting a hand gun in Maryland.  Basically here's the situation...

Once I receive my CCDW in Delaware, I'd of course like to carry any time I'm in the state.  That includes going to and from work.  However, since I work in Maryland my original thought was that I'd simply stop before entering Maryland, unload the pistol, put it away in it's case and throw it in the trunk (probably in a safe).

However, in looking at the Maryland laws it states that transporting a hand gun is ALWAYS illegal EXCEPT:

1. Too or from a place of legal purchase or sale or repair shop.
2. Between such person's bona fide residences or between his residence and place of business if the business is operated and substantially owned by that person.
3. While engaged in or traveling to and from a "target shoot, formal or informal target practice, sport shooting event, hunting, trapping or dog obedience training class or show."
4. By a bona fide gun collector who is "moving any part or all of his gun collection from place to place for public or private exhibition," and while such handguns are actually on exhibition.

Neither of which would apply if I was simply removing it before entering the state.

So what's the deal?  Is this saying that ANY time I'm going to enter the state of Maryland I'll need to leave my pistol at home and not carry???  Is there a way around this?  That seems pretty absurd to me and would SEVERELY limit the amount of time I was able to carry.

TwistedKarma

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Re: Confused by Maryland law...
« Reply #1 on: May 10, 2011, 08:44:02 AM »
  Sounds like NJ .....   Remember, NJ  locked that guy up for 7 years....   Christie commuted his sentence... 
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Radnor

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Re: Confused by Maryland law...
« Reply #2 on: May 10, 2011, 12:37:45 PM »
Is this saying that ANY time I'm going to enter the state of Maryland I'll need to leave my pistol at home and not carry???
YUP.

Is there a way around this?
Criminals do it all the time....

When I go into Md., I'm headed to camp which has a range.  I stop at the border (say "see ya" to my freedoms). Unload. And have gone to the point of disassembly (I'm transporting gun PARTS at this time). And go on to my destination - camp.
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g23

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Re: Confused by Maryland law...
« Reply #3 on: May 10, 2011, 01:21:10 PM »
I'm glad I read this post.  I didn't realize you couldn't just separate the gun and ammo to transport while in MD...   So what if you wanted to go target shooting after work?  I guess you would have to return home first to get your gun... What a bunch of BS.... I guess you could strip the gun down in to parts like stated before so its only parts not a gun... I'm sure that they will find a way to turn that around on you too though... This is just reason 100000000000000000000000087 that I hate MD..... If SECRETS in wasn't in OC MD I don't think I would ever step foot in MD.

mrjam2jab

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Re: Confused by Maryland law...
« Reply #4 on: May 10, 2011, 01:58:21 PM »
I'm glad I read this post.  I didn't realize you couldn't just separate the gun and ammo to transport while in MD...   So what if you wanted to go target shooting after work?  I guess you would have to return home first to get your gun... What a bunch of BS.... I guess you could strip the gun down in to parts like stated before so its only parts not a gun... I'm sure that they will find a way to turn that around on you too though... This is just reason 100000000000000000000000087 that I hate MD..... If SECRETS in wasn't in OC MD I don't think I would ever step foot in MD.

May need to check MD definitions to confirm this.  The receiver may be considered the "gun" all by itself. 
I'm not a gun nut.  I'm a 2nd Amendment enthusiast.

firststatefirearms

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Re: Confused by Maryland law...
« Reply #5 on: May 10, 2011, 03:49:33 PM »
Look up the Federal Law regarding transportation of Firearms.  I think it is a ICC Regulation.  Remember Federal Law trumps State Law.
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g23

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Re: Confused by Maryland law...
« Reply #6 on: May 10, 2011, 03:57:36 PM »
Look up the Federal Law regarding transportation of Firearms.  I think it is a ICC Regulation.  Remember Federal Law trumps State Law.

Here is what I found after looking up the federal law...

While FOPA (see above under “Federal Law on Transportation of Firearms”) applies in every United States jurisdiction, experience has shown that some jurisdictions provide particular challenges to those transporting firearms. Knowing the local laws of such places is particularly important and may make traveling through them easier. The following list should not be considered an exhaustive survey of every relevant law in every jurisdiction. Rather, it is merely meant to alert travelers to issues they may encounter in certain states.

MARYLAND—The unlicensed transportation of handguns in vehicles is prohibited, except for a variety of lawful purposes, including target shooting. A handgun must be transported unloaded and in an enclosed case or holster with a strap. Maryland also prohibits the possession or transportation into the state of so-called “assault pistols,” which a statute defines by specifying certain makes and models, as well as “a copy, regardless of the producer or manufacturer.” Prohibited models include, but are not limited to, semi-automatic versions of the UZI, Intratec TEC-DC9, and Bushmaster pistols.

mrjam2jab

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Re: Confused by Maryland law...
« Reply #7 on: May 10, 2011, 06:07:14 PM »
FOPA will not come into play since MD is the destination.
I'm not a gun nut.  I'm a 2nd Amendment enthusiast.

rusirius

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Re: Confused by Maryland law...
« Reply #8 on: May 10, 2011, 06:31:44 PM »
I'm glad I read this post.  I didn't realize you couldn't just separate the gun and ammo to transport while in MD...   So what if you wanted to go target shooting after work?  I guess you would have to return home first to get your gun... What a bunch of BS.... I guess you could strip the gun down in to parts like stated before so its only parts not a gun... I'm sure that they will find a way to turn that around on you too though... This is just reason 100000000000000000000000087 that I hate MD..... If SECRETS in wasn't in OC MD I don't think I would ever step foot in MD.

My concern goes much deeper than target shooting after work.  Aside from this meaning that I won't be able to carry probably 70% of the time when I leave the house since at LEAST that often my destination is MD, the greater concern would be a "What if..." scenario.  For instance.  Suppose I live in Dover but work or am traveling in Delmar, DE.  I get a call that my wife and son have been in a bad accident and I need to get to PRMC right away. 

But wait... I'm carrying...  I can't just stuff the thing in the trunk, because I'm on my way to visit my wife and child in the hospital, not go to shoot some rounds off with friends... So by the law I've got to drive 50+ miles north to drop my weapon off at my home before then driving 60+ miles south to get to my destination that I was only a few miles from in the first place.

Now look... I realize there isn't anyone who would actually do that, but the point is "by the law" that's what you would actually be required to do.  That's a bit crazy if you ask me.  If I can transport a hand gun into Maryland to go target shooting, or take it to a shop, or display it at a gun show, then I sure as hell should be able to stow it to get it off my person while I'm across state lines.

I wonder if there have ever been any incidents like this?  I'd almost bet there HAVE to be incidents of DE CCW holders getting stopped with their weapon in the car... So I wonder if any actually show up on the books?

So this raises an interesting HYPOTHETICAL question... If you were stopped for something like say speeding in MD and had a weapon in stored in the trunk and the officer asks you if there are any weapons in the car.... How would you answer?  Would you knowingly lie to him and tell him no, since there is basically 0 chance of him searching?  Or would you fess up and tell the truth hoping he'll let you slide on it?  Or would you HALF tell the truth, i.e. Yes you have a weapon, but you have it because after work you're going to a "buddies house" to go target shooting?  ;)

rusirius

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Re: Confused by Maryland law...
« Reply #9 on: May 10, 2011, 06:32:49 PM »
FOPA will not come into play since MD is the destination.

That's what I was thinking...

rusirius

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Re: Confused by Maryland law...
« Reply #10 on: May 11, 2011, 02:31:08 AM »
Well... The good news?  After doing a lot of research today I'm no longer "Confused" by the law...

The bad news?  The "Peoples Republic of Marylandistan" SUCKS @@@...

Radnor

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Re: Confused by Maryland law...
« Reply #11 on: May 11, 2011, 11:58:30 AM »
The "Peoples Republic of Marylandistan" SUCKS @@@...

Looks like you have a clear understanding of Md firearms law...
Sorry, it's not the answer you were looking for.
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John

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Re: Confused by Maryland law...
« Reply #12 on: May 11, 2011, 09:07:47 PM »
Yikes! I have to do a little more research on this.  My friend (MD LEO) told me to lock up the gun and seperate the ammo and I'll be fine.  Time to double check.

MarinoTactical

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Re: Confused by Maryland law...
« Reply #13 on: May 11, 2011, 10:31:32 PM »
Bottom line is, in MD always expect the worst. If you absolutely HAD to break the law, like in the accident scenario, there's a chance you would be OK. There's also a chance you could go to jail for 3 years. It's all up to the individual officer, if you have contact with one. Speaking from a police point of view(in DE), its commonly known that MD has a big push against the rights of firearms owners. Cops in DE love getting DUI's, it's one of the best stats we can get. In MD, gun arrests are on the same level. Its probably because the more gun arrests they get, the more State and Federal funding they are eligible for.
Also, last time I checked, MD had magazine capacity restrictions in effect. Possession of a magazine with greater than 10 round capacity, whether loaded or not, is illegal. Thats true even if you are first cousin to the Governor and actually can get a MD permit, you still cant carry more than 10 round capacity. If its a 15 round mag, but you only have 10 rounds in it, it's still a no-go.
Anyway, getting back on track, FOPA will only cover you if travelling through MD. If you have any destination in MD, whether going to dinner, a movie, work, etc FOPA will not apply. If you can posses under FOPA, the weapon must be unloaded, stored separate from the ammo, and locked in an inaccessible part of the vehicle.
I teach CCDW courses and am obviously a big 2nd amendment proponent. Unfortunately, I don't work in MD, so best of luck if you run into a less forgiving MD cop. Even when I carry under HR 218, the federal carry law for cops, I still get nervous when carrying in MD.
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mrjam2jab

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Re: Confused by Maryland law...
« Reply #14 on: May 12, 2011, 12:52:40 AM »

Anyway, getting back on track, FOPA will only cover you if travelling through MD. If you have any destination in MD, whether going to dinner, a movie, work, etc FOPA will not apply. If you can posses under FOPA, the weapon must be unloaded, stored separate from the ammo, and locked in an inaccessible part of the vehicle.
I teach CCDW courses and am obviously a big 2nd amendment proponent. Unfortunately, I don't work in MD, so best of luck if you run into a less forgiving MD cop. Even when I carry under HR 218, the federal carry law for cops, I still get nervous when carrying in MD.

Common misconception....there is no separation requirement under FOPA.

Quote
TITLE 18 > PART I > CHAPTER 44 > § 926A

§ 926A. Interstate transportation of firearms
How Current is This?
Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.
I'm not a gun nut.  I'm a 2nd Amendment enthusiast.