Road Trip to Maryland

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Riceman

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Good afternoon all,
Please forgive me if I put this in the wrong location.
Next month I will be taking a road trip from the gun shine state of Florida to Maryland. I have checked handgunlaw.us and I am covered right up until I hit the MD state line. Ironically it will pick-up again if I go west or continue to PA. My question is two fold, first according to the statute I have to transport the firearm separately from the ammo. So is that 2 locked cases or if I put the firearm in one suitcase and the ammo in the other will that be sufficient? Second is I read that there is a 10 round limit on magazines in the state. Then I read there is a 20 round capacity on handguns and rifles. Could someone help me with this. Do I need to buy a couple of 10 round magazines to use while I am staying there and visiting the range? If there are some local experts here that could help I would be grateful. Thanks.
-Jeff
 
Thank you kindly sir. After reading through all of that I am beginning to wonder if I can cancel my trip. It's unlawful to carry in vehicle on any roadway except... I didn't see anything on magazine capacity though. Thanks again all!
 
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Regular capacity mags are not illegal in MD. Selling, loaning, renting, offering, or otherwise transferring them (over 10 rds) is illegal. Not possession.

FOPA offers an affirmative defense if you're traveling through MD but not if MD is one of your destinations. Mags are an unresolved question under FOPA but that's a moot point in MD as the mags aren't illegal.
 
Thank you all for your input. I really appreciate you taking the time to respond. I'll be certain not to loan any magazines while on the trip.
-Jeff
 
If you make MD your destination, leave the firearms locked in your trunk. At least you will be complying with FOPA, but once you stop, MD law applies.If MD is your destination (overnight) you lose your FOPA protection. MD statutes then apply. MD has no provisions for leaving a firearm in your vehicle, so be very careful. See MD Statute 4-203. As stated, possession of mags greater than 10 rounds is legal., as are loaded magazines as long as not in the weapon. FOPA only requires that the gun and ammo be separate from the passenger compartment. They don't need to be separate unless you have no trunk, then either the ammo OR the firearm must be in a locked case.

Do not consent to a search.

IANAL
 
Do not take a handgun or AR 15 to Maryland.

The Maryland State Police is helpful on the telephone and said no problem taking unloaded trap gun to shoot at range in Maryland and no problem staying overnight.
 
If you owned the AR 15 before Oct 1, they are legal in MD, even for non residents. Handguns are legal too. Just read MD 4-203 and follow that.

IANAL
 
Do not take a handgun or AR 15 to Maryland.
Click to expand...
Speaking as an FFL who lives 20 miles south of the MD state line, and thus has a lot of MD residents as customers, I'm going to repeat this. No handguns or semi-auto rifles that the state deems is an "assault weapon" goes into MD. I won't even take them there.

Also, loaded mag = loaded gun even if the mag isn't in the gun and is locked in a separate container.
 
SB 281 effective 10-1 allows a now banned weapon that was legally possessed prior to Oct 1 to continue to be possessed and transported.

AG ruling on loaded mags says loaded mags are NOT considered loaded weapons.

Both attached. Read for yourself.

From SB 281:
19 4–303.

20 (a) Except as provided in subsection (b) of this section, a person may not:

21 (1) transport an assault WEAPON into the State; or

22 (2) possess, sell, offer to sell, transfer, purchase, or receive an assault
23 WEAPON.

24 (b) (1) A person who lawfully possessed an assault pistol before June 1,
25 1994, and who registered the assault pistol with the Secretary of State Police before
26 August 1, 1994, may:

27 (I) continue to possess AND TRANSPORT the assault pistol; or

28 (II) while carrying a court order requiring the surrender of the
29 assault pistol, transport the assault pistol directly to the law enforcement unit,
30 barracks, or station if the person has notified the law enforcement unit, barracks, or
31 station that the person is transporting the assault pistol in accordance with a court
32 order and the assault pistol is unloaded.

14 SENATE BILL 281

1 (2) A LICENSED FIREARMS DEALER MAY CONTINUE TO POSSESS,
2 SELL, OFFER FOR SALE, OR TRANSFER AN ASSAULT LONG GUN OR A COPYCAT
3 WEAPON THAT THE LICENSED FIREARMS DEALER LAWFULLY POSSESSED ON OR
4 BEFORE OCTOBER 1, 2013.

5 (3)
6
7
8

9 A PERSON WHO LAWFULLY POSSESSED
10 HAS A PURCHASE ORDER FOR, OR
11 COMPLETED AN APPLICATION TO PURCHASE AN ASSAULT LONG GUN OR A
12 COPYCAT WEAPON BEFORE OCTOBER 1, 2013,
13
14 MAY:

15 (I) POSSESS AND TRANSPORT THE
16 ASSAULT LONG GUN OR COPYCAT WEAPON; OR
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Attachments

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Someone else said this but it deserves repeating. If one of your destinations is MD, and you will be stopping there, then FOPA goes away and MD state law takes over. States like MD are ones to DRIVE THROUGH non stop, not make as a destination. Be very careful.
 
Which is why I said if you must stop, leave the firearms locked in the trunk. Not MD legal but the courts have ruled if you don't take possession of the firearm you may have some FOPA protection. You may not either.

See Revell vs. Port Authority of NY and NJ.

Not advising anyone to do it, but if you must, don't take possession of the firearms during the stop unless you are engaged in a MD 4-203 allowed activity, ie. range trip, gun shop, etc.

IANAL
 
I feel I have opened a can of worms in my diligence. I will be spending a week at a relatives house. I figured once there I can secure it in the house. Looks like it may be a Glock 26 that goes with me with 2 ten round magazines at this point unless that is considered an "assault weapon". I'll lock the empty mags and ammo into different cases at the VA line and make sure I drive the speed limit. Again I want to thank all of you for weighing in. Makes me glad I live in FL.
 
I feel I have opened a can of worms in my diligence. I will be spending a week at a relatives house. I figured once there I can secure it in the house. Looks like it may be a Glock 26 that goes with me with 2 ten round magazines at this point unless that is considered an "assault weapon". I'll lock the empty mags and ammo into different cases at the VA line and make sure I drive the speed limit. Again I want to thank all of you for weighing in. Makes me glad I live in FL.
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You'll be fine with your plan. Separate cases are not required but no issues if you do.

ETA-You didn't open a can of worms at all. You did your due diligence to keep from being a felon. Good on you.
 
Also, loaded mag = loaded gun even if the mag isn't in the gun and is locked in a separate container.
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Speaking as a non-FFL but long-time former MD resident and LEO, your statement is total BS. I still belong to a club there, and transport handguns to and from it regularly so I make sure I know what the laws are. You do your MD customer a disservice with such bad advice.
 
A couple of more questions on MD

These are not hypothetical, as I do travel to MD every couple of years.

Someone else said this but it deserves repeating. If one of your destinations is MD, and you will be stopping there, then FOPA goes away and MD state law takes over. States like MD are ones to DRIVE THROUGH non stop, not make as a destination. Be very careful.
Click to expand...

Say I journey from out of state, to MD. Lock my gun at my host's house for the duration of my visit, then put the gun back in my vehicle to proceed to the next (out of state) location. Does FOPA not cover me from my hosts house to the state line? (Or for that matter, from the state line to my host's house). I am legal to posses the gun at their home.

...a person who is not prohibited from possessing, transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any place where he may lawfully possess and carry such firearm if, during
such transportation the firearm is unloaded, neither the firearm nor any
ammunition being transported is readily accessible or is directly accessible
from the passenger compartment. In the case the vehicle does not have a
compartment separate from the driver's compartment the firearm or ammunition shall be contained in a locked compartment other than the glove compartment or console.
Click to expand...

OK, I have a pickup truck with a (combination) lock box bolted to the truck inside the passenger compartment. Does this become illegal when I put a cap on the truck, effectively making the truck bed a separate compartment, or am I still good?
 
Say I journey from out of state, to MD. Lock my gun at my host's house for the duration of my visit, then put the gun back in my vehicle to proceed to the next (out of state) location. Does FOPA not cover me from my hosts house to the state line? (Or for that matter, from the state line to my host's house). I am legal to posses the gun at their home.
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That should be fine.

As with any other "affirmative defense," if you find yourself in a situation where you're calling on that defense you will have to prove that you really did meet the conditions of that defense. In other words, not "innocent until proven guilty," but rather the burden of proof is on you.

OK, I have a pickup truck with a (combination) lock box bolted to the truck inside the passenger compartment. Does this become illegal when I put a cap on the truck, effectively making the truck bed a separate compartment, or am I still good?
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I don't know that this has a clear precedent established. Again, it will be up to YOU to prove that you met the standard required for FOPA to excuse you from violation of a state's gun laws. Anything you can do to get closer to the exact wording of the law is best. If a NJ, MD, MA, etc. prosecutor reads that text in court and says, "his vehicle DID have a separate compartment, the capped bed, and he decided not to use it..." a jury may indeed accept that and reject your claim to the affirmative defense.
 
Geebus what a can of sewage.

I'm originally from Maryland. I still have family there. I was intending to visit family in South Carolina and then go on to MD. I had planned to take a couple of guns with me. Now I'm not sure it's worth the bother to go to MD....
 
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