Author Topic: New guy  (Read 5042 times)

Jboezz

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New guy
« on: March 27, 2016, 03:52:32 PM »
Hi, I'm new and a Maryland resident. I was invited to the forum from a friend that's a member. Hoping to get some insight on the ability to carry in other states, especially Delaware with a fl or ut nonresident permit. I've been told conflicting info on whether I can legally cc with these permits. Thank you and looking forward to some insight   
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29thInfantry

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Re: New guy
« Reply #1 on: March 27, 2016, 04:00:17 PM »
He is a good guy and a close friend of mine and getting a lot of mixed answers.  I told him to come here to get some good honest answers. 
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Clarence

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Re: New guy
« Reply #2 on: March 27, 2016, 05:27:53 PM »
Delaware does recognize Arizona, Utah and Florida for states you can get by mail and not have your home state.  There is nothing in Delaware law to say that an out of state recognized licence must be your home state.  
See Title 11 Delaware code. Section 1441 (J)
« Last Edit: March 27, 2016, 06:16:49 PM by Clarence »
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Cbmarine

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Re: New guy
« Reply #3 on: March 27, 2016, 06:15:53 PM »
Delaware does recognize Arizona, Utah and Florida for states you can get by mail and not have your home state.  There is nothing in Delaware law to say that an out of state recognized licence must be your home state.  
Unfamiliar with your first sentence assertion.  In the case of UT, they will not issue to a resident of a reciprocal state unless the applicant has their home state's permit.  UT does not have reciprocity with MD . MD doesn't honor any other state's permit although some states recognize the MD permit. 
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Clarence

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Re: New guy
« Reply #4 on: March 27, 2016, 06:33:50 PM »
Delaware does recognize Arizona, Utah and Florida for states you can get by mail and not have your home state.  There is nothing in Delaware law to say that an out of state recognized licence must be your home state.  
Unfamiliar with your first sentence assertion.  In the case of UT, they will not issue to a resident of a reciprocal state unless the applicant has their home state's permit.  UT does not have reciprocity with MD . MD doesn't honor any other state's permit although some states recognize the MD permit.  
Those are states you can get by mail that do not require you to have your home state license.  Utah would require you to have Delaware if you reside in Delaware but not if you live in Maryland.  Some other state that issue by mail do require that you have your home state such as New Hampshire. Virginia issues by mail but Delaware does not recognize VA.  

Bigger issue I see for a Marylander is how they get the gun to Delaware. It is illegal to have even an unloaded cased handgun in your vehicle in Maryland unless you meet some limited exceptions such as on the way to the range.
« Last Edit: March 27, 2016, 06:38:30 PM by Clarence »
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Cbmarine

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Re: New guy
« Reply #5 on: March 27, 2016, 09:13:19 PM »
...
Bigger issue I see for a Marylander is how they get the gun to Delaware. It is illegal to have even an unloaded cased handgun in your vehicle in Maryland unless you meet some limited exceptions such as on the way to the range.
https://www.law.cornell.edu/uscode/text/18/926A. Aka FOPA
18 U.S. Code § 926A - Interstate transportation of firearms

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.
(Added Pub. L. 99–360, § 1(a), July 8, 1986, 100 Stat. 766.)
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Clarence

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Re: New guy
« Reply #6 on: March 27, 2016, 09:52:54 PM »
Cb:

That is the Federal FOPA protection.   It's important to note that this only applies if the carry is legal in the state the trip begins. Maryland, New Jersey, Pennsylvania and other states that ban carrying a handgun in your vehicle without a license would not have to honor this.

For a hypothetical trip from Delaware to Virginia, you could use this to pass through Maryland as having a gun in your vehicle is not illegal at the beginning and end of the trip irregardless of the law in states that you may pass through on the way. 

This is very confusing but it does not protect you if the trip begins or ends in a state that such carry is not legal.   
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Cbmarine

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Re: New guy
« Reply #7 on: March 28, 2016, 12:45:40 AM »
Clarence: Interesting discussion. I think we agree that if the OP can transport the handgun legally from MD into DE then concealed carry is legal.
As for transporting out of MD, it seems we have a different lexicon. Does "place" equate to "state"? What does "carry" mean? (Certainly not concealed carry and in the case of MD not the classic definition of open carry). How MD define "possess and carry".  If I can figure out how to navigate the ATF website, I'll try to find the answers as to what the MD DSP considers legal transport from MD to another state. This would also be a worthwhile exercise for @jboezz. The link to Section 4.203 has been added below.
http://mdsp.maryland.gov/Organization/Pages/CriminalInvestigationBureau/LicensingDivision/FAQs.aspx
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Can I legally transport my regulated firearm to the range?
​Yes, however, Maryland and Federal laws require specific conditions be met while transporting a handgun. Please refer to Maryland Annotated Code, Criminal Law, Title 4, Section 203 for a detailed account of wearing, carrying, or transporting a handgun. You may access the Maryland General Assembly website at http://mlis.state.md.us/ You can access the Federal requirements through www.atf.gov and conduct a search for “27 Code of Federal Regulations, Part 178” and then look for “Transportation of Firearms.” The basic requirement during transport is the handgun must be unloaded and in an enclosed case or enclosed holster with the ammunition separate from the handgun AND you must be transporting the handgun to or from the locations listed in the statute. ​

Can I legally transport firearms interstate?
​Yes, under Title 18, Section 926A, of the United States Code, a person who is not prohibited from possessing, 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 place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment. In the case the vehicle does not have a compartment separate from the driver's compartment the firearm or ammunition shall be contained in a locked compartment other than the glove compartment or console.​
« Last Edit: March 28, 2016, 01:04:16 AM by Cbmarine »
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Jboezz

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Re: New guy
« Reply #8 on: March 28, 2016, 03:34:27 AM »
I know that it is legal to transport my firearm to and from the range or gunsmith inside of Maryland. I also know that I can legally transport it into Delaware if I'm traveling or if I choose to go to a range in Delaware. I cannot "carry" in Maryland without a wear and carry permit. I mainly need clarification as to my carrying concealed in Delaware with a non resident Florida ccw permit. I travel in Delaware quite frequently and own a vacation home in Delaware. So I would legally transport as per md law into Delaware where I would then plan on ccw with my fl permit. Well, that's my plan if this fl ccw permit allows me to legally.
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Jboezz

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Re: New guy
« Reply #9 on: March 28, 2016, 03:53:01 AM »
Thank you all for the links and advise.
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Clarence

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Re: New guy
« Reply #10 on: March 28, 2016, 10:17:34 AM »
CB:  good to know that Maryland interprets the FOPA that way regarding her own residents. New Jersey does not.  Some there have interpreted "place" as being your home which would not require a permit. Thanks and good research.

As for the Florida license, that should be good in Delaware.  I know PA residents that carry on Utah licenses.   
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Jboezz

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Re: New guy
« Reply #11 on: March 28, 2016, 04:20:37 PM »
Ok thanks.
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