Author Topic: Maryland update 1/26/18  (Read 19576 times)

Radnor

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Maryland update 1/26/18
« on: January 26, 2018, 12:04:18 PM »
Since we've been discussing AR(s) in Maryland here it goes.


My email to them:
Quote
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:
Quote
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
NRA Certified Instructor and Training Counselor
CRSO, Pistol, Rifle, Shotgun, Personal Protection In and Outside The Home, Home Firearm Safety, & Reloading.

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Radnor

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Re: Maryland update 1/26/18
« Reply #1 on: January 26, 2018, 04:58:42 PM »
And...

Quote
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
NRA Certified Instructor and Training Counselor
CRSO, Pistol, Rifle, Shotgun, Personal Protection In and Outside The Home, Home Firearm Safety, & Reloading.

Knowledge, skills, & experience have value. If you expect to profit from someone's you should expect to pay.

SturmRugerSR9

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Re: Maryland update 1/26/18
« Reply #2 on: January 26, 2018, 10:55:47 PM »
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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Cbmarine

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Re: Maryland update 1/26/18
« Reply #3 on: January 26, 2018, 11:09:10 PM »
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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ThePixelated

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Re: Maryland update 1/26/18
« Reply #4 on: January 27, 2018, 07:43:19 PM »
And...

Quote
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.

Clarence

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Re: Maryland update 1/26/18
« Reply #5 on: January 28, 2018, 12:34:27 PM »
And...

Quote
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
« Last Edit: January 28, 2018, 12:36:43 PM by Clarence »
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ThePixelated

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Re: Maryland update 1/26/18
« Reply #6 on: February 01, 2018, 02:08:38 AM »

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.

rikwick

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Re: Maryland update 1/26/18
« Reply #7 on: February 02, 2018, 11:14:12 AM »
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.

topper

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Re: Maryland update 1/26/18
« Reply #8 on: February 02, 2018, 12:34:34 PM »
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.
Laws that forbid the carrying of arms…disarm only those who are neither inclined nor determined to commit crimes…

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Clarence

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Re: Maryland update 1/26/18
« Reply #9 on: February 02, 2018, 09:03:32 PM »
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.  
« Last Edit: February 02, 2018, 09:05:09 PM by Clarence »
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Cbmarine

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Re: Maryland update 1/26/18
« Reply #10 on: February 03, 2018, 12:30:04 AM »
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, 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.
« Last Edit: February 03, 2018, 02:48:09 AM by Cbmarine »
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PPScarry

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Re: Maryland update 1/26/18
« Reply #11 on: February 03, 2018, 12:57:44 PM »
Did the Florida man sue? Sounds like an illegal search.
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Cbmarine

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Re: Maryland update 1/26/18
« Reply #12 on: February 03, 2018, 08:44:45 PM »
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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PPScarry

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Re: Maryland update 1/26/18
« Reply #13 on: February 04, 2018, 11:55:39 AM »
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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SturmRugerSR9

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Re: Maryland update 1/26/18
« Reply #14 on: February 04, 2018, 12:24:31 PM »
I moved here over 50 years ago from Talbot County, MD. Never going back. Never been sorry for leaving. Hardly ever go there anymore.
I'D RATHER HAVE A GUN IN MY HANDS, THAN A COP ON THE PHONE!

I reserve the right to not be perfect.

PROTECT THE 1ST AND 2ND AMENDMENT!

DECCW Permit Holder
Former PA (non-resident) Permit Holder
NRA Member
USAF Veteran
Kent County
Former Lobbyist
Christian/Conservative
I cling to my GOD and my gun