Maryland questions

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Shadowpballer

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I am currently a sophomore in high school, 15 (16 in February) years old. I am starting to think towards the future and I have a few questions. I live in, you guessed it, Maryland.

So far what I have seen in my research is that its easier to get into area 51 then it is to legally bring a firearm to a college campus. (possible exception is Utah http://www.uh.edu/ednews/2006/insidehe/200609/20060911guns.html). Since for 4 years after I turn 18 I will likely be living in a college dorm it seems unlikely that I will be able to have a firearm with me. My current plan is once I turn 18 I will buy a firearm or two and store it at my parent’s house. I have the following questions.

I believe that once I am 18 in the state of Maryland I can buy both hand guns and rifles, but not “assault weapons”. What makes a weapon an “assault weapon” I assume anything used by the military such as an AR-15 is banned, but I am not an expert.

In Maryland can you (with the 7 day waiting period, and the “1 per month” rules) buy any semi-automatic handgun when you are 18?
EDIT: I now know that you cant at 18, what about 21

Does keeping a weapon in a bag from house to car, and form car to the shooting range count as “Carrying a concealed weapon”?

Lastly is there any possible way to legally have a gun on a college?


(BTW I had to get this info from the bradly campaigns website, since packing.org seems to just be for CCW, and I dont know of any other sources, so the 7 day waiting period, and the "1 per month" may not be entierly accurate. )
 
Unless I am totally off base, you cannot LEGALLY purchase a handgun in Maryland, until you are 21 years of age.

As for having a firearm on ANY campus, that, to the best of my knowledge will get you arrested, unless you are a bonafide LEO.

Do a search of Maryland firearm laws.

From: http://www.lcav.org/states/maryland.asp#MinimumAgetoPurchasePossess


Minimum age to purchase / possess
Subject to limited exceptions, "regulated firearms" (handguns and assault weapons) and ammunition "solely designed" for regulated firearms, may not be purchased or possessed by persons who are under 21 years of age. Md. Code Ann., Pub. Safety §§ 5-133(d), 5-134(d)(1)(i). See the Maryland Carrying Firearms section for further information.
Although Maryland prohibits the sale or other transfer of a rifle or shotgun to a person under age 18, there appears to be no minimum age to possess a rifle or shotgun. Section 5-134(d)(1)(ii)
 
I guess I misread the page on handguns being 21.

Sorry bout that.


btw why handguns, if someone wanted the power to shoot someone wouldent they use a rifle?
 
I believe that once I am 18 in the state of Maryland I can buy both hand guns and rifles, but not “assault weapons”. What makes a weapon an “assault weapon” I assume anything used by the military such as an AR-15 is banned, but I am not an expert.

There are two terms in MD gun laws that serve to confuse the people more than anything else. First, there is the "assault pistol", basically referring to handguns that are explicitly banned in the state.

AR15 and such are called "regulated firearms." These are identified by a list, not just by evil features. They are not banned at the moment, but that may change soon. To buy a regulated firearm, you have to go through the same legal hoopla as buying a handgun.

This may help if you need more details:

http://nraila.org/GunLaws/StateLaws.aspx?ST=MD
 
Let me make sure I have this right.

Once I am 18 I can legaly buy any firearm that is not one of the following; a handgun, a gun that can shoot more then one bullet per trigger pull, and not on this list this list

Then once I turn 21 I can buy the firearms on this list, Handguns, and if I want to jump through many loops automatic weapons that were registered pre 1968


Also is there any problem with me storing the firearms at my parents house? And if I go to a colledge thats more then one state away are there places where you can store firearms off of school grounds?
 
Yes, you must be 21 in Maryland to purchase an AW, a handgun (which must appear on the roster), full autos, or any other NFA firearm like a suppressed firearm, sawed off shotgun, destructive device, AOW, etc.

At 18, you can buy a rifle or shotgun which ain't an AW or NFA firearm.

Shadowpballer said:
Also is there any problem with me storing the firearms at my parents house? And if I go to a college thats more then one state away are there places where you can store firearms off of school grounds?
If you're going to attend college in Maryland and maintain your parents address as your home address (even if you're living on campus), then storing your firearms at your parent's home would be perfectly fine.

If you're going to attend college out of state, whether it's a contiguous state or not, things then become VERY cluttered. It will depend upon the state and the college in question. Some colleges and universities would not permit a student to store a gun on campus, even if they lived on campus. At other colleges, it might be possible. If you lived off campus in an apartment or house, that's your residence so it would be perfectly legal for you to keep your guns there. State and local laws would of course obtain and be very relevant, particularly if you decided to attend say NYU.
 
In MD it is illegal for someone to sell, rent or transfer a regulated firearm to anyone under 21 and it may not even be given as a gift by a parent or if willed to the under 21 minor, they cannot take actual ownership as long as they live in MD until they turn 21.
There are exceptions as to temporary possesion, but they can never actually own the regulated firearms under the age of 21. Someone under the age of 21 can posses a regulated firearm if they have permission from the parent and they are under the supervision of someone over 21 who can legally posses a regulated firearm, but if under 16 they must have a certificate they passed the hunter safety course.
The other exceptions are if the person under 21 is in the military doing military duties and another exception is if they have a MD carry permit and they are over 18 and under 21 years of age then they can posses, but not own, a regulated firearm (Good luck getting a carry permit in MD).

If you are over 18 and in college and you live on campus, then forget about a regulated firearm unless you have a carry permit. There is a prohibition of guns and weapons on public school property, but in MD "public school" property does not include the state university system or community colleges.
However, even if you have a carry permit, then there is at least one state university which strictly prohibits any weapon on campus and would subject you to expulsion (Eastern SHore I think). Other state campuses are not so strict and I think UMCP allows some or all legal weapons, but don't take my word on that and check with the campus police chief. I am going off of what I read in the local newspaper on UMCP's policy on legal self defense weapons.

In MD there is no law I am aware of that says you have to keep your regulated firearms at your residence and you can keep them at your parents' residence if you wanted, but that doesn't apply to you until you are 21 anyway. Residence is alluded to in the "transporting of firearms" subsection, but the actuall keeping of the regulated firearm ar another residence is not disallowed as I understand it as long as it is never "transfered", or "rented" to another person at the other residence or location.....but a recent MD Appeals Court decision from three months ago allows you to "loan" them the regulated firearm to use.

There are no restrictions on the location you can keep your unregulated firearms, so you do not have to worry about where you keep them (off campus).
Also, if you are over 18 in MD, then you can buy, own and use a cap and ball revolver and there is absolutely no restriction on what private property you can keep it (off campus). I suggest that if you buy one though that you get a Ruger or a Walker replica so that you can also hunt deer with it during hunting season since you need one that can hold at least 40 grains of powder.

As far as unregulated firearms and "antiques" or their replicas, there may, or may not be no rules on campus against keeping them in the dorms, but the dorms can have their own rules. For instance, the university allows a priovate company manage some of their dorms and they almost always prohibit weapons and firearms.
I suggest you not bother unless you had a carry permit from MD. If you can show enough cause to get a MD carry permit, then I am sure you can show enough cause to keep and carry it on campus.
 
Does keeping a weapon in a bag from house to car, and form car to the shooting range count as “Carrying a concealed weapon”?
This is what the law says about transporting the handgun. The handgun must be unloaded and in an enclosed holster or an enclosed case. A closed bag counts as an enclosed case and a holster with a strap counts as an enclosed holster.
If the handgun is loaded and/or not in an elcosed holster or enclosed case (in a pocket for instance), then it is considered concealed, or technically "prohibitted" under section 4-203.
I have read somewhere, but I cannot reference it, a backpack is considered an "enclosed case".

There is some confusion of whether other regulated firearms are subject to the same transportation restictions, but the handguns section lists the definition of "handgun" as any firearm that can be concelaed on the person (not including an antique, shotgun or rifle), so this suggests to me that there are no state restrictions on transporting regulated or unregulated rifles, shotguns or antiques (including "replicas" of antiques) that are not SBR and SBS There are tougher restrictions in Mo. Co and Baltimore though on transporting long guns, but there is a question if their restrictions are pre-empted by state law.
I have found absolutely no law so far that says someone cannot have a trunk gun rifle or shotgun and even have it loaded (except for when hunting), but the State Police claim having it loaded is illegal on their websight and will almost guarantee a night in jail while it is being sorted out with the State's Attorney and may get a you a date in front of a judge.
But even the State Police websight does not mention a restriction on having an unloaded trunk gun rifle So that is something I might be willing to risk and be a test case if I had to.
 
So once I am 18 I will be able to buy a rifle or shotgun that is not on this list.

So I could purchase a Remington model 11-48 12ga (I am not necessarily considering this one, its just the first I found that’s not on the assault weapon list.)


Then once I turn 21 I can buy hand hand guns on this list, Assault Weapons, Suppressers etc.
For bringing it on dorms its per-college for instance in UCSD Student Policies States

Possession or use of a firearm or other weapon without the prior written approval from the UCSD Chief of Police.
is in the section of things you cant do. So then I would just have to comply with California’s policy, and get it signed off of by the Chief of Police. So while hard, it is possible to have a firearm on campus legally.

Also I have several scenarios, can you all please point out problems in them.

1 I go to an in-state (Maryland) school and it allows you to have possession of firearms if you jump though many hoops. Also I live on campus In this time I leave the firearms at my parents house, and keep my “residential address” the same as my parents.

2 I go to an in-state school and it does not allow possession of firearms in any capacity. Also I live on campus. Can I then transfer my firearms to my parents and then have them let me borrow them when I get a chance to go to the range?

3 I go to a Maryland school and live off campus, then I can have the guns off campus and everyone is happy.

4 I go to an out of state school, that allows you to have possession of firearms via lots of paperwork and selling your soul. Between the time I move into the dorm and the time that I get that permission to possess firearms I transfer the firearms to my parents, and then they transfer them to me after I get permission.

5 I go to an out of state school (one far enough to make driving back on weekend difficult.) That never allows you to have firearms. In that case until I can make ends meet and live off campus are there places where you can rent space to store firearms?


One last thing for the transporting firearms thing, if I have a rifle or shotgun in a bag, hidden from view, and unloaded, its fully legally?

Thanks for all the help.
 
In answer to #5...

...They way I understand it, if you're 18 you can have the rifle or shotgun in your trunk and concealing it to and from home and range is fine.
 
So once I am 18 I will be able to buy a rifle or shotgun that is not on this list.

So I could purchase a Remington model 11-48 12ga (I am not necessarily considering this one, its just the first I found that’s not on the assault weapon list.)
Correct, you can purchase a Remington semi-auto shotgun once you turn 18.
Now there is something else you may be interested to know. You cannot buy the rifle from a dealer until you are 18, but I think a parent can give you one as a gift right now and you can posses it with ammo if you pass the hunter safety course. But this is moot because by the time you get into a class and pass the course, you will be 16 anyway and you don't need permission or the safety course to posses a loaded rifle after 16 as I understand it.

Then once I turn 21 I can buy hand hand guns on this list, Assault Weapons, Suppressers etc.
For bringing it on dorms its per-college for instance in UCSD Student Policies States
Depends on the state laws, and it depends on the college rules. Many states, even shall issue states, have laws against guns on school properties and many of them include higher education or universities in the definition of "schools".
Depending on state law, it might be a better idea to keep your gun in a storage locker off campus.

1 I go to an in-state (Maryland) school and it allows you to have possession of firearms if you jump though many hoops. Also I live on campus In this time I leave the firearms at my parents house, and keep my “residential address” the same as my parents.
Ok, this is the way it is with my university (Bowie State University), we have no real weapon's policy unless it is one used in a crime or to threaten someone. After the state started the retired police officer licensing for carry of firearms, I asked the campus police if my fellow student who is a retired police officer could carry on campus and they basically said that if he had a permit, then it did not matter to them, the rules and the law. My friend did not live on campus though.
Now here is the catch. On my university there are university dorms and there are dorms contracted out which are technically the private company's private property. The privately run dorms it is a no-no to have guns as I understand it and since they seem to be the trend in our state university system, then don't expect to be allowed to have one kept in the dorms on most state campuses.
I think that the private universities will have their own weapon's policies, but I don't think it would be a firearms violation if you were caught with one there, but there may be a tresspass charge of some sort involved.
If you had a carry permit, then I assume it would be one of those "if no problem occurs, then we don't care" deals with the university.

As far as keeping your address the same, I think that unless you have a lease off campus, then your residence is still your parents. For instance, when you live on campus, I am pretty sure they don't make you, or won't let you, change your license to reflect that address......but this does not matter too much because I believe you can have two "bona fide" residences anyway.
Like I said before, there is no MD law that I know of that says you must keep your regulated firearm (that is not NFA) at your residence and there is only an issue of transport of regulated firearms having to be between residences. I doubt that aspect of the law has EVER been enforced or attempted to be interpreted that way though. So if the firearms are at your parents and you don't live there, I believ there is no problem even if they are regulated.

2 I go to an in-state school and it does not allow possession of firearms in any capacity. Also I live on campus. Can I then transfer my firearms to my parents and then have them let me borrow them when I get a chance to go to the range?
Don't worry too much about leaving the firearms you own at your parents. There are two things here: First, if you still have a room at your parents you call your own with your stuff in it, then you reside there as well (as my LEO sister put it). Second, because of the MD Court of Appeals decision, you can say you were lending the regulated firearms to your parents and never transfered it to them, but it would be much easier to state you still reside there at least part of the year and keep the firearms in your room.


3 I go to a Maryland school and live off campus, then I can have the guns off campus and everyone is happy.
Yes!!!...........but, you must be careful about if you are in an off campus housing or frat house because they may also have their own rules.
If you had your own place or if you leased it with other students who are not felons or otherwise prohibitted from possessing a firearm, then you can keep the firearms in your place of residence no problem. If someone in the house you are sharing is prohibitted, then keep them locked and you have the only key.

4 I go to an out of state school, that allows you to have possession of firearms via lots of paperwork and selling your soul. Between the time I move into the dorm and the time that I get that permission to possess firearms I transfer the firearms to my parents, and then they transfer them to me after I get permission.
Look, transferring regulated firearms in the state of MD is a pain in the ass and you want to avoid it as much as possible (though, I think there is no $10 fee when transferring between immediate family members). That is not to mention accross state lines transfers which recuires an FFL and usually costs over $30 per firearm. You can keep your regulated firearms at your parents as I understand it (see above) and if they are unregulated by the state (like a shotgun or rifle) then you don't have to worry about it in MD. Many states allow you to bring in your own firearms into the state when moving there and only some of them require registration when arriving or licenses or permits (FOID cards or something like that in some states).
Basically, if the state doesn't make you jump through hoops to bring guns into the state, then there is absolutely no reason to transfer the guns to your parents and then back again because you could claim dual residence in different states as I understand it.
If they make you jump through hoops to bring them into the state, then I see no reason why you couldn't keep them under your ownership in MD until they let you bring them into the state because MD would not prohibit your ownership in the state and the feds wouldn't have a problem with it either I believe.

5 I go to an out of state school (one far enough to make driving back on weekend difficult.) That never allows you to have firearms. In that case until I can make ends meet and live off campus are there places where you can rent space to store firearms?
That depends on the particular state's laws. I think the feds only care about where NFA are stored and don't have their own laws or rules on where non-licensee firearms are stored.


One last thing for the transporting firearms thing, if I have a rifle or shotgun in a bag, hidden from view, and unloaded, its fully legally?
According to state law and as I undestand state law, it is perfectly legal if it is not readily accessible as a weapon that can be grabbed and used and that to mke means it just has to be unloaded. The way I see it, it doesn't even have to be in a bag......State and local police will disagree and would insist it be in the trunk. However, not all cars or trucks have a trunk and the way I read the law, the rifle or shotgun is perfeclty fine on the seat next to the person out of a case or bag...but I am bold and you may not want to try that.
Also, in Mont. Co and I think Baltimore city, they have to be either in a locked case, or locked in a gun rack, or have a gun lock on them as well as be unloaded.
 
Ah, the college student wanting firearms dilema. Why not just go to college out of state (say, VA) and apply for out of state residency? Then you can by the AW that you want, you could then (technically) store it in your parents home, as a secondary residence. It would fall under the BATF question: "May I maintain a residence in two states?" IE, you reside a good part of the year in (ex) VA, and then go home to MD for holidays/summer, etc. You'll also save a boatload by getting residency in your new state. Technically, you could also maintain a MD driver's liscence and purchase a long gun in another state, provided you can find a dealer willing to sell to you. You'd need to buy a weapon that is both legal to own in your new state and MD. Again, it's the "dual residency" clause.
 
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