Transporting firearms in Maryland


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Girlwithagun
March 26, 2004, 08:21 PM
Does anyone know where to find the Maryland law on this? I searched and couldn't find anything. I was under the impression that the gun was to be unloaded and in the trunk and the ammo was to be in a locked compartment in the passengers side of the vehicle. Upon getting out of my car at On Target tonight, I was told by one of their employees that I was breaking the law. The guy told me to go in and ask the lady there and I was so sure she was going to correct him. She said it is a common misconception, but the unloaded firearm and the ammo should BOTH be in the trunk. I'll do whatever I am supposed to do but is this written somewhere? I don't like to just listen to what someone says is the law.
Anyone? :uhoh:

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Norton
March 26, 2004, 08:30 PM
Hmmm....I always thought that you were correct. But that being said, I always put the ammo in the trunk because it's more convenient. Plus at On Target, it's always about getting from the car to the building as fast as possible.

JeepDriver
March 26, 2004, 08:52 PM
We have MD state police handouts that we give to anyone who ask about MD gun laws. It details all the stupid stuff we have to do.

If you're even in the area, stop by Continental Arms in Cockeysville and ask for one, they are free and they cover pretty much everything.

As far as transporting ammo goes all you have to do is not have any mags loaded. Maryland considers a loaded mag a loaded gun. Some goes for speed loaders. You can be arrested for having a loaded mag weather or not it's in the gun.:cuss:

They don't have to be in the trunk (it's a good idea to keep them out of the passenger compartment though)

I have a Wrangler and a Cherokee, neither of which have trunks. same with all other SUV's and hatchbacks (not to mention Pick up trucks). My solution to that problem is sticking my range bag (which contains my guns, empty mags and ammo) on the left side rear seat (makes it hard to just grab the gun :rolleyes: )

Standing Wolf
March 26, 2004, 09:18 PM
Maryland considers a loaded mag a loaded gun. Some goes for speed loaders. You can be arrested for having a loaded mag weather or not it's in the gun.

Way past dumb.

P95Carry
March 26, 2004, 09:42 PM
Maryland considers a loaded mag a loaded gun. Oh my ... <sigh>.

And to think ... I have to ''venture'' all the way to Columbia tomorrow to trailer a bike back for my son .... boy, will it ever be good to be ''inbound'' once more to PA .. and strap back on the puppy!

7.62FullMetalJacket
March 26, 2004, 10:34 PM
Maryland considers a loaded mag a loaded gun.

Is it some pollutant in the air or water that causes this type of disconnect?

Harry Tuttle
March 26, 2004, 11:23 PM
Is it some pollutant in the air or water that causes this type of disconnect?

Yep, Maryland is downwind from Washington DC

(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;_


CARRYING AND TRANSPORTATION IN VEHICLES




Rifles and shotguns being transported in motor vehicles must be unloaded.


It is a crime to wear or carry openly any rifle or shotgun with the intent or purpose of unlawfully injuring any person.


It is unlawful for any person without a permit to wear or carry a handgun, openly or concealed, upon or about his person, or 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 resided, or within the confines of a business establishment owned or leased by him.3


Federal and Maryland State or local law enforcement officers generally are exempt from the permit requirement. However, sheriffs and their deputies are exempted only while on active assignment engaged in law enforcement, and only with respect to handguns which they are duly authorized to wear, carry or transport as part of their official equipment. Law enforcement officers from other states are exempt only while on official business.


No violation is committed by any person who 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 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.

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."

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.



During transportation to and from the above places, the handgun must be unloaded, and carried in an enclosed case or enclosed holster.4


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.

K-Romulus
March 27, 2004, 08:06 AM
to the law controlling the "loaded magazine" thing?

The handgun law covering transportation (MD Code Section 4-203) just says "unloaded"and makes no reference to the magazines.

I haven't seen anything in Lexis or Westlaw about the issue, either. I'm pretty sure SOMEONE would have appealed a conviction for having a loaded magazine that was not physically loaded in the firearm . . . when the actual law is silent on that point.

K-Romulus
March 27, 2004, 08:21 AM
Some guy over there says he got this letter from the MD AG's office after he asked them about transporting firearms in or through Maryland:

www.packing.org/talk/thread.jsp?talk_thread=22661

"Packing.org - Maryland: I'm From PA and Got This Answer to My Query of Asst. AG"

My questions concerned legally transporting through Maryland during my travels. I appreciate Mr. Bowen's answers as they are direct and to the point. Perhaps this is worthy of adding to the Maryland page just for transport clarification. It does not seem as restrictive as I had previously thought it was. I only changed my name and added some paragraph breaks. Otherwise its original as received from Mr. Bowen.


Dear Mr. ??????:


Maryland law generally prohibits the wearing, carrying or transporting of handgun, loaded or unloaded, concealed or openly: 1) on or about one's person; and, 2) in a vehicle traveling on a road or parking lot generally used by the public, highway, waterway, or airway of the State.


Individuals who have been issued a permit to carry a handgun by the Maryland Department of State Police (handgun carry permits issued by other states are not effective) are exempted from this law.


The following activities are also exempted: 1) 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;


2) 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;


3) 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) the wearing, carrying, or transporting of a handgun by a person on real estate that the person owns or leases or where the person resides or within the confines of a business establishment that the person owns or leases;


5) the wearing, carrying, or transporting of a handgun by a supervisory employee: in the course of employment; within the confines of the business establishment in which the supervisory employee is employed; and (iii) when so authorized by the owner or manager of the business establishment.


The federal law you cite (18 USC 926A) applies to the interstate transportation of a firearm (handgun or long arm) and supersedes Maryland law. It would have no bearing on the transportation of a firearm where the origin and destination are both within Maryland. It would however allow for the transportation of a firearm through the State of Maryland regardless of the Maryland law cited above.


For purposes of the exceptions to Maryland law, a handgun may be transported within the passenger compartment of the vehicle provided it is unloaded and in an enclosed case or holster. For purposes of the federal law exception, the firearm must be unloaded and not readily accessible from the passenger compartment.


Mark H. Bowen Assistant Attorney General

Jim K
March 27, 2004, 07:34 PM
That business about a loaded magazine being the same as a loaded gun is nonsense and sounds like another case of a cop making up the law as he goes along.

But two things are true, and might have led to confusion. First, a gun with a loaded magazine is considered a loaded gun, whether or not the chamber is loaded. Second, in a highway stop, a pistol magazine or speed loader visible to the officer can, if the car is from out of state, or if the driver has no reasonable explanation, be probable cause to search the car for an illegal gun. That is why I always recommend that such items, as well as gun magazines (the print kind) not be displayed in the car. There is no point in attracting attention.

Girlwithagun might think about a situation that happened several years ago. A woman who travelled in the state for a cosmetics company, and often spent nights in motels, went to an MSP barracks to obtain the application form for a pistol permit. She got the forms, but on the way out heard the barracks sergeant telling another officer that, "I wouldn't let her carry a gun, I might want to get some of that myself sometime."

She wrote several politicians in her home county (Montgomery), as well as the superintendet of the state police, and never got any reply. She wrote the governor (Glendenning) and received a letter thanking her for her support of gun control. And of course, she never got the permit. It seems like the MSP do not like the idea of armed women.

Jim

Kharn
March 27, 2004, 07:49 PM
The "No loaded magazines" comes from the way the law is phrased. I dont have it in front of me, but it reads more like they intended to say no loaded chambers and no loaded magazines attached/integral to the weapon, but being legislaters, they didnt say it very clearly.

And while we're on the subject, does anyone in MD keep a truck/trunk gun in their vehicle? I've been thinking about throwing an 870 in my Blazer (there's a spot behind the 2nd row of seats that seems like it would conceal a pump action quite nicely due to the design of the folding seat) and a big box of shells in the center console, but would like to hear about actual people doing it before joining the crowd.

Kharn

Riffraff
March 27, 2004, 08:38 PM
I'd have to agree sounds like someone was making things up for you. I have a truck with an extended cap and have regularly transported between On Target, friends houses, etc, including with law enforcement, and with loaded mags (Note mags were in carry case with .45 though NOT in .45) present simultaneously. No one has ever said a thing. In fact on entering On Target I merely put the case on the counter and open it for inspection and no one has ever said anything about the two loaded mags sitting right there next to the .45.

And I did that right in front of two LEOs who asked if they could try the .45
Of course all of this might just depend on the LEO and or employee.

Harry Tuttle
March 28, 2004, 12:11 AM
make sure you stay out of Monkey County:


57-10. Keeping guns on person or in
vehicles. It shall be unlawful for any person to
have upon his person, concealed or exposed, or
in a motor vehicle where it is readily available for
use, any gun designed to use explosive ammunition
unless:

(e) Going to or returning from hunting, target
practice, etc. Such person is engaged in
going to or from lawful hunting, drill training or
target practice, or in delivering such gun to or
carrying it from a gunsmith or repairman, or is
engaged in any other lawful transfer of possession;
provided, that such person shall be on or
traveling upon a public highway or property of
which he is the owner or lessee or on property
with the prior permission of the owner or lessee
thereof; provided further, that such gun shall not
be loaded with explosive ammunition.

57-11. Firearms in or near places of public
assembly.
(a) A person must not sell, transfer, possess,
or transport a handgun, rifle, or shotgun, or
ammunition for these firearms, in or within 100
yards of a place of public assembly.

whm1974
March 28, 2004, 11:51 PM
I don't live in maryland but from reading and hearing about dumb laws I have a few ideas:

if you are crossing state lines or transporting firearms though countys or citys know for strict gun controle ordinences keep mags unloaded and it might be a good idea to leave mags over 10 rounds at home.

Also keep the gun in lockable cases and have trigger locks.

Bill Meadows

K-Romulus
June 4, 2004, 04:14 PM
I was at the range Tuesday and the well-meaning new range manager attempted to lecture me about having snap-caps loaded in my magazines.

I asked him point-blank where he got this info, and he gave me a vague reference to the Maryland.gov website, where I was unable to find anything.

Some more digging came up with a hunting reg that says that handicapped "hunt from a vehicle" permits did not allow the permit holder to keep loaded magazines in the car while transporting firearms to the hunting area.

The MD "machine gun law" also bans keeping "machine gun" magazines loaded at any time except at the range.

As an aside, the new range manager has a MD CCW and told me about the two times he was jacked up by the Rockville and MoCo police who didn't believe MD issued CCW's: Once during a traffic stop and once at the movie theater in Rockville.

Those events were both cleared up after the various shift sergeants showed up (guys who regularly shoot at the range) to tell their underlings that yes, Maryland does indeed issue CCW permits. :rolleyes:

Slimjim
June 4, 2004, 05:35 PM
It is a crime to wear or carry openly any rifle or shotgun with the intent or purpose of unlawfully injuring any person,

So if i dont mean to injure anyone, open carry of rifles and shotguns is legal?

:D I know its probly not, but its worth a shot.

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