Don't try it! (unless you have $$$ for a lawyer)
I believe it's legal in Maryland to drive around with an "unloaded" rifle in the trunk of my car, more or less when and where I please. What I'm having difficulty resolving is the actual meaning of "unloaded." On the face of it, unloaded could mean that I have a magazine loaded with 9mm cartridges sitting right next to a PC-9 carbine, for example. I doubt a police officer searching my trunk would see it that way, but in this case the carbine is literally unloaded.
I looked into this, too, before I moved here. What you suggest happens to be perfectly A-OK in a place like Virginia, but a "Gray Area"
in MD.
I am not a MD lawyer, just some guy who tried to read up on this stuff. I tried NOT ask the LEO community anything because, in my experience in VA, LEO's may mean well but technical legal/factual details are beyond their expertise. What they say is great to hear, but is not binding on any court (good or bad for you).
Here is the rundown:
The "to/from range only" law does specify it only applies to handguns, since it is so stated in the "Handgun Law." (§ 4-203. Wearing, carrying, or transporting handgun, (b) Exceptions, (4))
http://government.westlaw.com/linkedslice/default.asp?SP=MDC-1000 (look under "Criminal Law/Weapons Crimes/ Handguns/s 4-203 Wearing, carrying, etc.")
(paraphrase law = handguns in public are banned, except . . .)(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;
The "unloaded handgun magazine 'law'" seems to come from the common practice of LEO interpretation of the handgun law, which actually only says the handgun is to be "unloaded." My Lexis search of MD case law shows no appellate rulings on whether "unloaded" means no ammo in magazines. I would not want to be the guy to run this issue past MD courts, which gleefully proclaim that they get to "read into" the law to determine what the "true meaning" of the statutes are beyond what's simply in the text. Since the MD courts have said the purpose of the handgun permit system is to "protect people from themselves"
by keeping them from having loaded guns handy during possible future acquantance quarrels, and places like GA have statutes stating that loaded handgun magazines = loaded handguns, your chances may not be good in beating a charge of "improper transport." According to a contact at Tripwire, at least one person somewhere in MD had been charged for having a loaded magazine during an otherwise OK transport, but the trial judge didn't buy the prosecution's loaded magazine argument (I couldn't get any more details).
The "unloaded (rifle) magazine" law comes from a Fish & Game law that says that all shotguns/handguns must be unloaded during transport, rifles unloaded "to include the magazine." I emailed the DNR about whether this applies to detachable magazines, and the
unknown email reply's author said that it only applied to internal fixed magazines. (§ 10-410. Restrictions on hunting wildlife generally, (c) Hunting From Vehicles.)
http://government.westlaw.com/linkedslice/default.asp?SP=MDC-1000 (look under "Natural Resources/Wildlife/Hunting Restrictions-In General/s 10-410. General restrictions")
c) Hunting from vehicles.-
(1) A person may not shoot at any species of wildlife from an automobile or other vehicle or, except as provided in § 4-203(b) of the Criminal Law Article and Title 5, Subtitle 3 of the Public Safety Article, possess in or on an automobile or other vehicle a loaded handgun or shotgun, or a rifle containing any ammunition in the magazine or chamber.
(2) If this subsection is violated by an occupant of a vehicle which has 2 or more occupants and it cannot be determined which occupant is the violator, the owner of the vehicle, if present, shall be presumed to be responsible for the violation. In the absence of the owner of the vehicle, the operator of the vehicle shall be presumed to be responsible for the violation.
(3) Provisions of this subsection do not apply to a disabled person who obtains a special permit under § 10-307 of this title.
MD also has a mild preemption law that bars counties/cities from regulating firearm and ammo sales or transport,
except pertaining to children, or within 100 yards of parks, schools, "and other places of public assembly." MoCo helpfully then banned firearms within 100 yards of these types of places unless cased and being transported in a car trunk on a public road.
http://government.westlaw.com/linkedslice/default.asp?SP=MDC-1000 (look under "Criminal Law/Weapons Crimes/ Handguns/s 4-209")
§ 4-209. Regulation of weapons and ammunition
State preemption
(a) Except as otherwise provided in this section, the State preempts the right of a county, municipal corporation, or special taxing district to regulate the purchase, sale, taxation, transfer, manufacture, repair, ownership, possession, and transportation of:
(1) a handgun, rifle, or shotgun; and
(2) ammunition for and components of a handgun, rifle, or shotgun.
Exceptions
(b)(1) A county, municipal corporation, or special taxing district may regulate the purchase, sale, transfer, ownership, possession, and transportation of the items listed in subsection (a) of this section:
(i) with respect to minors;
(ii) with respect to law enforcement officials of the subdivision; and
(iii) except as provided in paragraph (2) of this subsection, within 100 yards of or in a park, church, school, public building, and other place of public assembly.
(2) A county, municipal corporation, or special taxing district may not prohibit the teaching of or training in firearms safety, or other educational or sporting use of the items listed in subsection (a) of this section.
Preexisting local laws
(c) To the extent that a local law does not create an inconsistency with this section or expand existing regulatory control, a county, municipal corporation, or special taxing district may exercise its existing authority to amend any local law that existed on or before December 31, 1984.
Discharge of firearms
(d)(1) Except as provided in paragraph (2) of this subsection, in accordance with law, a county, municipal corporation, or special taxing district may regulate the discharge of handguns, rifles, and shotguns.
(2) A county, municipal corporation, or special taxing district may not prohibit the discharge of firearms at established ranges.
There's some info in the MoCo Code on the transport/possession issue that may be the source of the "loaded magazine = loaded gun" thinking among LEO's:
http://www.amlegal.com/montgomery_county_md/
Sec. 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:
(a) Lawful mission. Such person is then engaged upon a lawful mission for which it is necessary to carry a gun upon his person; or
(b) Special guard, special police, etc. Such person is employed as a special guard, special police officer or special detective and has been lawfully deputized by the sheriff for the county, or has been appointed a constable in the county, or has been licensed under the laws of the state, should such a law be enacted, to carry such gun and then is on or in the immediate vicinity of the premises of any employer whose occupation lawfully requires the employment of a person carrying a gun while in the discharge of the duties of such employment; or
(c) Military service. Such person is then lawfully engaged in military service or as a duly authorized peace officer; or
(d) Hunting, target practice, etc. Such person is engaged in lawful hunting, drill, training or target practice on property of which he is the owner or lessee or on property with the prior permission of the owner or lessee thereof; or
(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. (1981 L.M.C., ch. 42, § 1; 2001 L.M.C., ch. 11, § 1.)
I'm done dragging this thread out, but there is more in the MoCo Code on child safety locks, the "100 yard" ban, and MoCo's attempt at registering ammo sales in the county before the MD courts slapped them down due to the preemption law.
Laws that keep me safe from me.