Delaware Concealed Carry Forum
CCW Methods & Issues => No Carry Locations => Topic started by: Radnor on January 26, 2018, 12:04:18 PM
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Since we've been discussing AR(s) in Maryland here it goes.
My email to them:
From: Todd [mailto:RADNOR]
Sent: Wednesday, January 24, 2018 1:22 PM
To: OAG <OAG@oag.state.md.us>
Subject: Firearms law clarification please
Dear Attorney General,
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).
3. Can I leave my magazines loaded?
4. 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
The reply I received:
Mark H Bowen -State Police- <mark.bowen@maryland.gov> Jan 24 at 3:47 PM
To: Radnor
Mr. Radnor,
Under Maryland law, effective since October 1, 2013, it is illegal to possess, or transport into Maryland, an assault weapons such as an AR-15.
An exception does exist for assault long guns purchased or ordered prior to October 1, 2013.
Further, the statutory definition of assault long gun excludes the Colt AR-15 Sporter H-BAR rifle.
Maryland law prohibts the manufature, sale, purchase, receipt or transfer, but does not prohibit the possession or transportation into Maryland, of detachable magazaines with a capacity of more than 10 rounds of ammunition.
Maryland law does not require detachable magazines to be unloaded prior to transport. It is unlawful to transport a loaded rifle or shotgun in a motor vehicle.
Mark H. Bowen
Assistant Attorney General
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And...
Sgt. Jason Edwards (State Police) <jason.edwards@maryland.gov>
To Radnor
Mr. Radnor,
You can bring an AR-15 into Maryland if purchased prior to October 01, 2013. If the AR-15 is an hbar/heavy barrel then it is considered a long gun and can be brought into Maryland (except a Bushmaster heavy barrel). Possession of high capacity magazines is not banned. Maryland law limits the transportation of handguns (see below).
Federal Firearms Regulations Reference Guide
§ 478.38 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 such person may lawfully possess and carry such firearm to any other place where such person 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.
Maryland Criminal Law
§ 4-203. Wearing, carrying, or transporting handgun
(b) Exceptions. -- This section does not prohibit:
(3) the carrying of a handgun on the person or in a vehicle while the person is transporting the handgun to or from the place of legal purchase or sale, or to or from a bona fide repair shop, or between bona fide residences of the person, or between the bona fide residence and place of business of the person, if the business is operated and owned substantially by the person if each handgun is unloaded and carried in an enclosed case or an enclosed holster;
(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;
(5) the moving by a bona fide gun collector of part or all of the collector's gun collection from place to place for public or private exhibition if each handgun is unloaded and carried in an enclosed case or an enclosed holster;
§ 4-305. Detachable magazines -- Prohibited
(a) Scope of section. -- This section does not apply to:
(1) a .22 caliber rifle with a tubular magazine; or
(2) a law enforcement officer or a person who retired in good standing from service with a law enforcement agency of the United States, the State, or any law enforcement agency in the State.
(b) Prohibited. -- A person may not 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.
Thank you,
Sergeant Jason Edwards
Maryland State Police
Licensing Division
Firearms Registration Unit
Operations Supervisor
1111 Reisterstown Road
Pikesville, Maryland 21208
Office: 410-653-4508
Fax: 410-653-4036
Please refer to the Maryland State Police website for up to date
information.
http://mdsp.maryland.gov/LicensingDivision
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How does this stack up with the Federal Firearms Transport reg. that says you can transport a firearm THROUGH a state, even Maryland?
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How does this stack up with the Federal Firearms Transport reg. that says you can transport a firearm THROUGH a state, even Maryland?
FOPA allows transportation from one 2A destination to another 2A destination. These letters address stopping in a no-2A destination, i.e., anywhere in Maryland not listed in the letters.
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And...
Sgt. Jason Edwards (State Police) <jason.edwards@maryland.gov>
To Radnor
Mr. Radnor,
You can bring an AR-15 into Maryland if purchased prior to October 01, 2013. If the AR-15 is an hbar/heavy barrel then it is considered a long gun and can be brought into Maryland (except a Bushmaster heavy barrel). Possession of high capacity magazines is not banned. Maryland law limits the transportation of handguns (see below).
Federal Firearms Regulations Reference Guide
§ 478.38 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 such person may lawfully possess and carry such firearm to any other place where such person 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.
Maryland Criminal Law
§ 4-203. Wearing, carrying, or transporting handgun
(b) Exceptions. -- This section does not prohibit:
(3) the carrying of a handgun on the person or in a vehicle while the person is transporting the handgun to or from the place of legal purchase or sale, or to or from a bona fide repair shop, or between bona fide residences of the person, or between the bona fide residence and place of business of the person, if the business is operated and owned substantially by the person if each handgun is unloaded and carried in an enclosed case or an enclosed holster;
(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;
(5) the moving by a bona fide gun collector of part or all of the collector's gun collection from place to place for public or private exhibition if each handgun is unloaded and carried in an enclosed case or an enclosed holster;
§ 4-305. Detachable magazines -- Prohibited
(a) Scope of section. -- This section does not apply to:
(1) a .22 caliber rifle with a tubular magazine; or
(2) a law enforcement officer or a person who retired in good standing from service with a law enforcement agency of the United States, the State, or any law enforcement agency in the State.
(b) Prohibited. -- A person may not 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.
Thank you,
Sergeant Jason Edwards
Maryland State Police
Licensing Division
Firearms Registration Unit
Operations Supervisor
1111 Reisterstown Road
Pikesville, Maryland 21208
Office: 410-653-4508
Fax: 410-653-4036
Please refer to the Maryland State Police website for up to date
information.
http://mdsp.maryland.gov/LicensingDivision
So, if I buy a AR-15 tomorrow, then decide I want to take a rifle training class in Tennessee, and need to drive through Maryland to get to Virginia & Tennessee from Delaware, I'm braking the state law??? Even if I'm following the federal firearms transport regulations?
And I can't go down to Elk Neck State Park range to shoot? SMH
Another reason why I don't ever plan on living or working in MD.
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And...
Sgt. Jason Edwards (State Police) <jason.edwards@maryland.gov>
To Radnor
Mr. Radnor,
You can bring an AR-15 into Maryland if purchased prior to October 01, 2013. If the AR-15 is an hbar/heavy barrel then it is considered a long gun and can be brought into Maryland (except a Bushmaster heavy barrel). Possession of high capacity magazines is not banned. Maryland law limits the transportation of handguns (see below).
Federal Firearms Regulations Reference Guide
§ 478.38 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 such person may lawfully possess and carry such firearm to any other place where such person 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.
Maryland Criminal Law
§ 4-203. Wearing, carrying, or transporting handgun
(b) Exceptions. -- This section does not prohibit:
(3) the carrying of a handgun on the person or in a vehicle while the person is transporting the handgun to or from the place of legal purchase or sale, or to or from a bona fide repair shop, or between bona fide residences of the person, or between the bona fide residence and place of business of the person, if the business is operated and owned substantially by the person if each handgun is unloaded and carried in an enclosed case or an enclosed holster;
(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;
(5) the moving by a bona fide gun collector of part or all of the collector's gun collection from place to place for public or private exhibition if each handgun is unloaded and carried in an enclosed case or an enclosed holster;
§ 4-305. Detachable magazines -- Prohibited
(a) Scope of section. -- This section does not apply to:
(1) a .22 caliber rifle with a tubular magazine; or
(2) a law enforcement officer or a person who retired in good standing from service with a law enforcement agency of the United States, the State, or any law enforcement agency in the State.
(b) Prohibited. -- A person may not 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.
Thank you,
Sergeant Jason Edwards
Maryland State Police
Licensing Division
Firearms Registration Unit
Operations Supervisor
1111 Reisterstown Road
Pikesville, Maryland 21208
Office: 410-653-4508
Fax: 410-653-4036
Please refer to the Maryland State Police website for up to date
information.
http://mdsp.maryland.gov/LicensingDivision
So, if I buy a AR-15 tomorrow, then decide I want to take a rifle training class in Tennessee, and need to drive through Maryland to get to Virginia & Tennessee from Delaware, I'm braking the state law??? Even if I'm following the federal firearms transport regulations?
And I can't go down to Elk Neck State Park range to shoot? SMH
Another reason why I don't ever plan on living or working in MD.
No. Traveling through Maryland with Delaware your destinstion with any weapon that is legal federally is covered by FOPA ( in trunk or cased, locked and unloaded). You may NOT take that gun to a Maryland range however
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So, if I buy a AR-15 tomorrow, then decide I want to take a rifle training class in Tennessee, and need to drive through Maryland to get to Virginia & Tennessee from Delaware, I'm braking the state law??? Even if I'm following the federal firearms transport regulations?
And I can't go down to Elk Neck State Park range to shoot? SMH
Another reason why I don't ever plan on living or working in MD.
No. Traveling through Maryland with Delaware your destinstion with any weapon that is legal federally is covered by FOPA ( in trunk or cased, locked and unloaded). You may NOT take that gun to a Maryland range however
I've been to Elk Neck like 5 times or so. Out of those 5 times, I've only seen a "range officer" once. Once. How are they going to identify if my AR is 5 years old versus 30 days old? I bet the MD police probably have a firearm lookup system that they have access to determine the length of ownership, but for crying out loud, this is ridiculous.
But still, even though Elk Neck is the closest range for me, I'd rather go elsewhere. I avoid MD for anything & everything.
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I spoke with a Maryland range officer at the state forest and he did tell me that they pretty much ignore the state's gun laws. I have only seen someone there once myself and he just sat in a chair and watched everybody. Never had a problem there.
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I take my AR to Target Shooting Solutions in PA. Down side is it's a 50 min. drive for me, but it is a nice range and I don't have to worry about who is going to enforce MD laws and who isn't.
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Again the range officers are probably not the problem. Some State Troopers on the other hand would just love to collar an otherwise law abiding gun owner. They are low hanging fruit. Apparently people have been hassled just because they have a carry license from another state and searched.
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Again the range officers are probably not the problem. Some State Troopers on the other hand would just love to collar an otherwise law abiding gun owner. They are low hanging fruit. Apparently people have been hassled just because they have a carry license from another state and searched.
A Florida man, (http://www.tbo.com/list/columns-tjackson/jackson-gun-owner-unarmed-unwelcome-in-maryland-20140112/) who had a concealed carry permit and had left his handgun at home, was travelling with his family through a Baltimore tunnel was pulled over by the MD Transit Authority. Their vehicles was strip-searched for 1 1/2 hours before being allowed to repack and continue.
IIRC, Maryland collects license plate info from states that allow bulk access and scan for those plates where cameras exist. Also IIRC, Delaware does not allow that access but police can call in to check DE CCDW permits.
https://attorneygeneral.delaware.gov/criminal/concealedweapons.shtml
Law enforcement officials from other jurisdictions can verify Delaware CCDW permits by contacting the Delaware State Police Headquarters on a 24/7 basis via NLET.AM directed to DEDSP0000 or by calling 302-659-2341.
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Did the Florida man sue? Sounds like an illegal search.
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Did the Florida man sue? Sounds like an illegal search.
from the newspaper article:
Now, despite having fielded apologies from the officer's captain as well as from a Maryland Transportation Authority Police internal affairs captain, John is wondering if he shouldn't just cancel his CCW license.
For a guy who's not looking for trouble, that's not an unreasonable conclusion. And it would please fans of gun control by any means. But let's hope John Filippidis, American family man, taxpayer and good guy, doesn't cave, because it would be a sad statement about the brittleness of our guarantees — some would call them sacred — under the Constitution.
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Thanks CB. I didn't noticed the highlighted link to the article. I remember the article now.
I love fishing and boating in Maryland and even considered moving there. No way I would move there with their gun laws. I'm surprised Delaware, stuck between Maryland and Jersey, isn't as prejudice as they are with the 2A. Let hope and work to keep it that way.
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I moved here over 50 years ago from Talbot County, MD. Never going back. Never been sorry for leaving. Hardly ever go there anymore.
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The more that I watch the news — the more that I don’t want to leave the house.
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Again the range officers are probably not the problem. Some State Troopers on the other hand would just love to collar an otherwise law abiding gun owner. They are low hanging fruit. Apparently people have been hassled just because they have a carry license from another state and searched.
A Florida man, (http://www.tbo.com/list/columns-tjackson/jackson-gun-owner-unarmed-unwelcome-in-maryland-20140112/) who had a concealed carry permit and had left his handgun at home, was travelling with his family through a Baltimore tunnel was pulled over by the MD Transit Authority. Their vehicles was strip-searched for 1 1/2 hours before being allowed to repack and continue.
IIRC, Maryland collects license plate info from states that allow bulk access and scan for those plates where cameras exist. Also IIRC, Delaware does not allow that access but police can call in to check DE CCDW permits.
https://attorneygeneral.delaware.gov/criminal/concealedweapons.shtml
Law enforcement officials from other jurisdictions can verify Delaware CCDW permits by contacting the Delaware State Police Headquarters on a 24/7 basis via NLET.AM directed to DEDSP0000 or by calling 302-659-2341.
I remember that happening. I wonder if the guy ever sued the MTA. I would have.
The MTA officers questioned everyone in the family separately. They asked the wife and she said "He has a firearm" (meaning he owns one) and the MTA grilled the husband for a while trying to get him to tell them where is firearm was, which he repeatedly said "At home in Florida."
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Again the range officers are probably not the problem. Some State Troopers on the other hand would just love to collar an otherwise law abiding gun owner. They are low hanging fruit. Apparently people have been hassled just because they have a carry license from another state and searched.
A Florida man, (http://www.tbo.com/list/columns-tjackson/jackson-gun-owner-unarmed-unwelcome-in-maryland-20140112/) who had a concealed carry permit and had left his handgun at home, was travelling with his family through a Baltimore tunnel was pulled over by the MD Transit Authority. Their vehicles was strip-searched for 1 1/2 hours before being allowed to repack and continue.
IIRC, Maryland collects license plate info from states that allow bulk access and scan for those plates where cameras exist. Also IIRC, Delaware does not allow that access but police can call in to check DE CCDW permits.
https://attorneygeneral.delaware.gov/criminal/concealedweapons.shtml
Law enforcement officials from other jurisdictions can verify Delaware CCDW permits by contacting the Delaware State Police Headquarters on a 24/7 basis via NLET.AM directed to DEDSP0000 or by calling 302-659-2341.
I remember that happening. I wonder if the guy ever sued the MTA. I would have.
The MTA officers questioned everyone in the family separately. They asked the wife and she said "I has a firearm" (meaning he owns one) and the MTA grilled the husband for a while trying to get him to tell them where is firearm was, which he repeatedly said "At home in Florida."
Sounds like the whole family (especially the wife) talk to much.
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Instead of starting a new thread I figured I would just piggy-back off of this one....I am getting ready to go down to Outer Banks in a few weeks and the shortest trip obviously is down through the tunnel. I have read several of the MD threads on here including this one and want to play it as safe as I can. I plan on bringing a few handguns with me all unloaded and locked in a small sentry safe chest. I also plan on unloading all mags and storing the ammo separately in a locked ammo storage can. Do you think I should put the empty mags in with the unloaded handguns or store them with the ammo or does it not really matter? Or do you think I need to invest in a third lockable container just for mags?
Also, everything I am reading on this forum suggest it is ok to travel through MD with mags that hold more than 10 rounds. I am planning on bringing some 15 and 17 rounds mags with me so I assume this will be ok even though MD residents cannot possess them? Kind of scary thinking about this trip even though it is a relatively short distance from MD to VA line.
Does all of this reasonable as a method of travel or am I missing something?
Thanks!
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That's about as good as you can do. You only have the Federal Firearms Transportation Act to back you. But, one thing you can do is to make sure you don't violate and speeding laws, or any thing that would give the MD., VA., or NC. cops a reason to pull you over, write a ticket or search your vehicle. I know when people get out on the highways going on a fun time vacation, they get a little heavy footed. For a gun owner and carrier this could be a disaster.
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Put the mags with the ammo. Both guns and mags separately out of reach, preferably in the trunk. Travel safe.
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If you're traveling in a pickup, a lockable toolbox in the bed is just as good as a trunk.
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Instead of starting a new thread I figured I would just piggy-back off of this one....I am getting ready to go down to Outer Banks in a few weeks and the shortest trip obviously is down through the tunnel. I have read several of the MD threads on here including this one and want to play it as safe as I can. I plan on bringing a few handguns with me all unloaded and locked in a small sentry safe chest. I also plan on unloading all mags and storing the ammo separately in a locked ammo storage can. Do you think I should put the empty mags in with the unloaded handguns or store them with the ammo or does it not really matter? Or do you think I need to invest in a third lockable container just for mags?
Also, everything I am reading on this forum suggest it is ok to travel through MD with mags that hold more than 10 rounds. I am planning on bringing some 15 and 17 rounds mags with me so I assume this will be ok even though MD residents cannot possess them? Kind of scary thinking about this trip even though it is a relatively short distance from MD to VA line.
Does all of this reasonable as a method of travel or am I missing something?
Thanks!
Why would you go to the OBX via I-95?
It is NOT the quickest, nor most efficient route (IMHO).
I would suggest that you check into taking Rt 1, 113, 13, 64, 168, to 158, as that is certainly the better route (IMHO anyway).
In the 20 years I've been going to the OBX (twice a year, 2 weeks in the spring, a week in the fall), I've taken I-95 exactly once, and unless they close the Bridge/tunnel for some reason, I will NEVER take I-95 again.
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Ditto on that. Or you could take the Bay Bridge Tunnel and catch 17, a little slower but lots to see.
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Found this: https://mdsp.maryland.gov/Organization/Pages/CriminalInvestigationBureau/LicensingDivision/Firearms/FirearmSearch.aspx
Look to see if your firearm is on the "list"
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from the looks of the list, if it not on the list, it is not a firearm. When did Md pass Ca???
Coming soon to Delaware, Jan 2019!!!???
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I checked the list and the only guns I have that do not qualify as banned are my Daisy and Crossman BB rifles.
Oh, and the Repub. Gov. of Maryland is as Liberal as any Dem.
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I just went thru the MD list by manufacturer...the Armalite AR15 is banned, but not their AR 10, odd. The Colt AR 15 is banned, but not the M4, very odd??? But that list does pretty much ban most guns useful for self protection and protection against a tyrannical gument. I guess this statement labels me as a whacko bad guy, not the student of the Constitution I consider myself??
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Sorry guys but had to take 2 posts off this thread. 1st for what was said. 2nd because it INCLUDED a quote to it.