1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.

MD Handgun Transport on a Motorcycle

Discussion in 'Legal' started by BootBuckle, Jul 15, 2014.

  1. BootBuckle

    BootBuckle Active Member

    Can anyone confirm that I will not be committing a felony if I transport a handgun from my LGS to my residence while riding a motorcycle? I plan on having the gun locked in the factory-provided case, which I plan to carry in my backpack.

    I'm new to the forum--I'll introduce myself properly once I take possession of my new handgun on August 4th. I want to include pictures in my intro thread :cool:. Thanks for the input!

  2. Darkhorse

    Darkhorse Well-Known Member

  3. Ramone

    Ramone Well-Known Member

  4. dprice3844444

    dprice3844444 member

    tie wrap the case handle,too. take a cell picture once it's sealed,just in case
  5. aarondhgraham

    aarondhgraham Well-Known Member

    Wow! I had no idea,,,

    Then there were several scenarios such as to a target range and suchlike.

    So how would one "demonstrate" that you were going to the range?,,,
    This seems like it was specifically written in a vague manner,,,
    It would allow an irate cop way too much leeway.

    I had no idea that Maryland was this restrictive,,,
    No wonder Beretta is moving some assets out of state.

    One more border I will never cross.


  6. BootBuckle

    BootBuckle Active Member

    Thanks for the input, all.
  7. Jim K

    Jim K Well-Known Member

    Yes, the MD law is a bit vague, but as long as the handgun is unloaded and out of the reach of the driver/rider, there should be no problem. A locked case is further insurance.

    As to "taking it to a range", that includes about any kind of formal or informal "target" shooting and if a person says he/she is taking the gun out for "plinking", it would be up to the state to prove otherwise. In practice, unless the person drives in a way to attract attention, then does something to call an officer's attention to the gun, there just isn't a problem.

    If you drive 95 mph, weaving in and out of traffic while waving the gun around and pointing it at police cars while passing them, you might expect trouble.

  8. Drail

    Drail Well-Known Member

    MD. allows motorcycles?
  9. swinokur

    swinokur Well-Known Member

    The MD transportation statute (4-203) makes no mention of the firearm needing to being out of reach. It requires the firearm be unloaded and in an enclosed case or holster.

    MD 4-203

    AG opinion on what an enclosed holster is


    Loaded mags are legal if not in the firearm

  10. NormH3

    NormH3 Well-Known Member

  11. Jim K

    Jim K Well-Known Member

    "The MD transportation statute (4-203) makes no mention of the firearm needing to being out of reach. It requires the firearm be unloaded and in an enclosed case or holster."

    True, but the AG letter you show interprets the purpose of the law as being to "deny easy access", and the police read that as "out of reach" of driver and passengers.

    As usual, the judicial history is murky, but IMHO, it is best not to put oneself or one's lawyer into the position of arguing the law against an anti-gun prosecutor and before an anti-gun judge. Many thousands of Marylanders take handguns to the range or for informal shooting without being arrested or causing any concern at all. Discretion and erring on the side of caution should avoid any bad situations.

  12. swinokur

    swinokur Well-Known Member

    Where do the police read that in an "enclosed holster or case" needs to be also out of reach? Mine sits next to me in my range bag in my car. I'm complying with the statute as written.

    Do you have a cite for this?

    Anything you might think LE interprets beyond what the statute says is supposition IMO.

    The statute is quite clear. "Enclosed case or holster."

    Nothing about out of reach or driver or passengers. nothing.
    Last edited: Jul 16, 2014
  13. Deltaboy

    Deltaboy Well-Known Member

    This what happens to a Southern State when it gets over ran with antigunners.
  14. swinokur

    swinokur Well-Known Member

  15. HankR

    HankR Well-Known Member

    That's a nice theory. In practice, MSP has been known to wait outside of shooting ranges, run your tag to get your address, then arrest you if you deviate in the slightest on your way home. Fast food drive through, get fuel in your vehicle, take a route that they don't deem to be the most direct route? Your guns are confiscated, and counted in the election year counts of "criminal guns" that they got "off the street". This is much easier and safer than taking guns away from actual criminals and the legal expenses to try to get your guns back would run to much more than the guns were worth.

    The "most direct route" practice was particularly problematic as the shorter line, country road path could easily take twice as long as driving "the long way" on the interstates. No matter which way you went, you could get nailed for either not taking the shortest or for not taking the quickest route.

    I have not been following MD lately, but this was very common and well documented when I used to shoot there (around the year 2000). I doubt if things have improved much.

    ETA: OP's question is discussed here: http://www.mdshooters.com/showthread.php?t=154944
    Last edited: Jul 17, 2014
  16. Fleetman

    Fleetman Well-Known Member

    I agree with what was said....tie-wrap the handle and take a cell picture of it.....never, EVER trust Maryland.
  17. Hoppes Love Potion

    Hoppes Love Potion Well-Known Member

    I will have to leave my weapon at home on a 2000 mile trip because of a short stop in Maryland. All other areas are not only legal for transport but also for concealed carry.
  18. swinokur

    swinokur Well-Known Member

    There is no language in the MD statute that requires you to go directly to or from a shooting event. Total BS

    If you can provide a cite or an actual event, I'd like to see it.

    I am a life long MD resident, and very active on the MD Shooters forum. NEVER heard of MSP doing what is claimed in this thread about MSP following anyone to enforce a non existent portion of the MD transportation statute.
    Last edited: Jul 18, 2014
  19. HankR

    HankR Well-Known Member

    With any due respect, just because you didn't read about it on MDShooters doesn't mean it didn't happen. Maybe things have changed, and maybe this hasn't happened recently, but this was not uncommon when Paris Glendening and Papa Joe Curran were running things, around the year 2000 or a little before. I have no idea who is running that monkey house these days, as I ignore blue-state politics other than what I see on the national news.

    The "direct route" interpretation was widely discussed at the time, and I am still in occasional contact with one gentleman who was stopped for this. I will ask if anything more has come of his case in the last 15 or so years. Last I heard he did not want to be the test case, and was loosing only the guns in the car at the time and not any firearm rights. We were all aware of the fact that the law did not state that one must travel "directly". The MSP were interpreting it that once you deviated from the direct route, you were no longer going to/from the range but were now on another trip. Their spin was that if they interpreted otherwise a guy could keep a gun in his trunk just about all the time and use excuses like "Yeah, I'm going to the range after work".
  20. swinokur

    swinokur Well-Known Member

    So I'll take that as no cite. regardless of my belonging to Md Shooters.

Share This Page