"Police seized 12 handguns"

[greyhound]

So on the radio yesterday morning (WBAL) the Maryland State Police were crowing about the success of their Labor Day "catch a speeder" campaign.
They were quick to point out that $500,000 was made for the State Treasury (yay for them!) and also pointed out that "12 handguns were seized".

Now at first I assumed that these "12 handguns" were from gang bangers and rednecks dumb enough to be toting a pistol in their vehicle.

But then I got to thinking, "What if it was me coming back from the range?
Even if I had the legally prescribed 'unloaded pistol in the trunk, ammo stored separately, going striaght from range to house, etc' would they still 'seize' my gun, knowing that they could then trumpet '13 guns off the street'"?

That would put the onus on me to jump the necessary hoops to try and get my property back before it was destroyed, and they could add another "success" to their reporting of the campaign.

I guess what I am wondering is if anyone has ever been stopped on the way to or from the range and had their gun seized. Especially during one of these special campaigns to "rid the roads of speeders/drunk drivers/red light runners/non-seatbelt wearers" that crop up from time to time.

Obviously this is much more likely in gun unfriendly states such as mine. Hopefully I'm just wearing a tinfoil hat, but I guess I could see it happening.

 

[TarpleyG]

Leave while you still can. Before they start building walls around the state. Migrate south for Gods sake.

GT

 

[MrAcheson]

Gun ownership in Maryland is why I live in Delaware and commute 45 min to and from work every day. Its a pain, but my freedoms are worth it.

 

[Black92LX]

wow you can't have a gun in the car??

 

[rammy]

I talked to a local LEO where I live and he told me that he would prefer that the gun be on the passenger seat in full view and to the slide locked back so that it could be seen and would know that it was empty and of course the ammo will have to be in the locked trunk. He also told me that in most cases if the guns were in the trunk and the ammo in a LOCKED glove compartment (notice the cap in locked, it makes a difference) you would be ok. He did however put his own disclaimer on the end that “not every LEO will react the same way, just be polite, keep your hands where they can see them, and let him know the salutation as soon as possible.†Now that is in rural Tn so it will differ from place to place.

 

[greyhound]

wow you can't have a gun in the car??

Nope, not according to state law. Federal law says we can carry it unloded in the trunk, with the ammo in another place - this allows to at least to go directly to and from the range.

Given the anti-gun atmosphere, I wouldn't doubt some LEOs would "confiscate now, ask questions later", regardless of Federal law.

And yes, you can get a lawyer, sue, etc. but the courts in states like Md are not going to be too sympathetic.

 

[DorGunR]

Posted by greyhound:
Nope, not according to state law. Federal law says we can carry it unloded in the trunk, with the ammo in another place - this allows to at least to go directly to and from the range.

Man.....I drive a Ford Expedition.......I don't have a trunk.
But I do carry my ammo in surplus military ammo cans...not locked.

 

[RustyHammer]

Federal law says that ....

???

 

[Labinnac]

What if you ride a motorcycle?

Most don't have a lockable container?

Or a pickup truck?

What about a moped?

Bicycle?

Rollerblades?

Skateboard?

pogo stick?

 

[shermacman]

You could vote. You could make a commitment to bring a two liberals to the range every year. Change their minds. We have to make a stand and we have to work hard for it.

 

[Blain]

I don't beleive there is such a federal law. As long as the gun and the ammo are in a locked container (the trunk) and the gun is not loaded, they should both be ok to place in the trunk.

 

[JDSlack]

Having been raised in Maryland...I escaped thank God, I seem to remember that the State had two nicknames..."The Old Line State" and "The Free State". How ironic.

 

[greyhound]

Actually maybe I am wrong, its probably a state law, not Federal. I was given a copy of it by the gun shop when I bought my revolver. I always assumed it was part of the GOPA of 1986, but maybe that was only the part about transport if its legal to possess in Point A and Point B. I guess I'll have to go eat my hat.

But given that my gun shop had to give me a copy of the law to show to a LEO if stopped, I'll still bet some LEOs will confiscate every gun they come across, law or no law.

I drive real carefully to and from the range......

 

[TechBrute]

For those of y'all that have bulletproof suburbans, I can HIGHLY recommend the following:

Truckvaults

They have stuff for SUVs, Pickups, etc.

 

[Justin]

The Firearms Owner's Protection Act does indeed trump any state regulations regarding the transport of firearms.

To wit, it basically comes down to 'if it's locked up and unloaded you're legal.'

More info:
http://www.hardylaw.net/FOPA.html

Any state law or regulation prohibiting the transfer of a firearm in interstate commerce through the state "provided that the firearm is unloaded and not readily accessible"123 would be rendered null and void.

 

[genie]

edited: nevermind...

 

[13xx]

a bit off topic but i was pulled over once for speeding (67 in a 50) and the officer walked up and asked for my license,registration, and insurance card.

i handed him my license and informed him that the rest was in the glove box (not locked) along with a loaded pistol (in a holster), and asked him if he would like to get them himself. he simply told me to open it slowly and get them without touching the gun if i could help it.

he then ran my info and came back with my ticket and told me to slow down and told me to have a nice day.

BTW i do not have a ccw, but florida law says you can have a loaded firearm in your car as long as it "securely encased" IE. a holster.

 

[dinosaur]

Hmm, throw in a box of Cubans and some firecrackers and you could have your own BATFE action desk.

 

[Double Maduro]

How did they find the guns?

They must have been in plain sight or the owners/drivers must have given the police permission to search. If they were stopped for a traffic violation the police in most states do not have the right to search the vehicle.

When asked by the officer if you mind if she/he searches the vehicle all you have to say is I don't want my vehicle searched and unless he/she has a reason to arrest you they cannot search.

I have been serving on an Oregon Grand Jury for the last 3 weeks and the one thing I have learned about interactions with the police is to

POLITELY, JUST SAY NO!

Almost all of the cases we have seen have been drug cases and in almost all of them if the suspect had just said NO the police would have had to let them go on their way.

DM