Author Topic: Question about Maryland respect for FOPA  (Read 4674 times)

NOVA1

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Question about Maryland respect for FOPA
« on: August 18, 2013, 06:29:08 PM »
Hello everyone.  I am a resident of Virginia but since my in-laws have a house in Delaware, I do visit often.  I have both a Virgina CHP (with Delaware reciprocity until 12/13) and a Utah CCP (also a Delaware reciprocity jurisdiction).  In order to get from VA to Delaware, I must pss through a large part of Maryland, which always makes me nervous.  I am always careful with confirming to the provisions of 18 USC 926A (the FOPA), which means that my pistol is unloaded and locked in a portable gun safe in the back of my Ford Explorer.  I keep my magazines empty and locked away with any ammo in a separate locked container.

My question- has anyone had to rely upon the FOPA in Maryland?  Do the Maryland police respect the provisions of this federal statute?  I am sure that any prosecution would be thrown out as I am careful to adhere to the requirements but I would hate to be arrested while I am traveling from VA to Delaware with my wife and two young daughters.  Since Delaware is a fairly small state and bordered by MD, I am sure DE carriers need to rely on the FOPA with frequency.  Any real world experience would be helpful.

glockblocker

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Re: Question about Maryland respect for FOPA
« Reply #1 on: August 18, 2013, 06:44:34 PM »
Let's just say that when I travel to MD, I just leave my weapon home as they suck for their gun laws.  Sorry that's the best I have for ya, like you said, I would hate to get stopped and arrested in from of my family!!

Radnor

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Re: Question about Maryland respect for FOPA
« Reply #2 on: August 19, 2013, 01:21:03 AM »
I think you'd be ok.  I travel to camp that is in Md.  I stop before the check point, unload and run a cable lock through it and proceed.
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Lumspond

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Re: Question about Maryland respect for FOPA
« Reply #3 on: August 19, 2013, 03:00:50 AM »
Text below from this site:http://www.nraila.org/gun-laws/state-laws/maryland.aspx
It would also be worth your wild to print the section of MD law pertaining to this issue, and carry it in the car. It can help the police who may be unaware, and also show you are trying to follow law.

CARRYING AND TRANSPORTATION IN VEHICLES
It is unlawful for any person without a permit to wear or carry a handgun, openly or concealed, upon or about his person. It is also unlawful for any person to knowingly transport a handgun in any vehicle traveling on public roads, highways, waterways or airways, or upon roads or parking lots generally used by the public. This does not apply to any person wearing, carrying or transporting a handgun within the confines of real estate owned or leased by him, or on which he resides, or within the confines of a business establishment owned or leased by him.
Rifles and shotguns being transported in motor vehicles must be unloaded.

A person may transport a handgun if they can demonstrate that the handgun is being carried, worn or transported:

To or from a place of legal purchase or sale, or repair shop;
Between a person’s bona fide residences, or between his residence and place of business, if the business is operated and substantially owned by that person;
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; or
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.
During transportation to and from the above places the handgun must be unloaded and carried in an enclosed case or enclosed holster.  An additional penalty is provided for any person convicted of unlawfully wearing, carrying or transporting a handgun, if his deliberate purpose was to injure or kill another person.

New Castle County

Bmel17

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Re: Question about Maryland respect for FOPA
« Reply #4 on: August 19, 2013, 04:35:35 AM »
FOPA would only apply to traveling through MD unfortunately.  But I don't know anyone or have heard of anyone using FOPA as an affirmative defense.  I have traveled through MD following FOPA guidelines and had no issues.

Just Bill

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Re: Question about Maryland respect for FOPA
« Reply #5 on: August 19, 2013, 11:43:49 AM »
I was told that transporting gun parts is legal in all 50 states, so if you disassemble the guns you are then carrying parts.  One extra step....just in case, PLUS all of the above.  Hard to do with a revolver(as suggested, cable lock thru barrel), easy with semi-autos.
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Clarence

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Re: Question about Maryland respect for FOPA
« Reply #6 on: August 19, 2013, 09:49:57 PM »
As a Delaware resident, we are surrounded by three states that have pretty much the same rules on carrying in your vehicle.  NJ, PA and MD

In all three you can carry unloaded and encased to a range.  
Other than that you must rely on FOPA.

Fortunately PA permits the holder of ANY  permit to carry in a vehicle ( irregardless of reciprocity).

Of the other two, NJ is the toughest.  I would be very careful there.

Maryland on the other hand does seem to respect FOPA.  
My son had to catch a flight from BWI to Nebraska and a quick check revealed that as long as he was coming from Delaware and leaving Maryland he could and did check his handgun at BWI.  There was no problem.

Driving through Maryland to Delaware unloaded and encased should be OK

Delaware is dropping Virginia in December because Virginia allows on line training.  Joe Biden's son is AG and he gave a one year notice on this.  

Virginia will continue to recognize Delaware.

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