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Thread: Traveling through Maryland with a handgun - is FOPA respected?

  1. #1
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    Traveling through Maryland with a handgun - is FOPA respected?

    I'm planning a short trip through Maryland, en route from Virginia to Pennsylvania. I've planned my trip to be in the state as little as possible, and will only be on your side for about a mile and a half near Hancock.

    I plan to stop in VA and disarm, unload my handgun, and place it in a locked safe bolted to the body of my Jeep. As I understand it, I'll be completely covered under the Safe Passage provision of the FOPA '86, but I've heard stories of LEOs in New York City and Chicago not respecting the law and arresting gun owners anyhow.

    In the unlikely event that I'm stopped, searched, my safe found and the officer demand that I open it - how confident can I be that they will know the law and respect it?

    I'm planning on carrying a Glock 31 with 2 15-round magazines, loaded with some sort of off-the-shelf JHPs.

  2. #2
    Regular Member DryBones's Avatar
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    don't you mean West Virginia? going up 522?

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    Quote Originally Posted by DryBones View Post
    don't you mean West Virginia? going up 522?
    Yes, sorry. I'll be diarming in West Virginia, then.

    Although, as I understand it - there *is* no West Virginia. That tyrant Lincoln effectively carved it from the Commonwealth in direct contradiction of the Constitution...

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    Regular Member DryBones's Avatar
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    ha!

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    Me thinks that this is an affirmative defense ... so, they have no obligation to recognize it until plead in court ...


    Also, when I travel with my guns .. I create a record to support such an affirmative defense. This can include: emails concerning my travel, keeping receipts along the way, etc. I assume I'll need to plead the defense.

    Lets face it.. simply your word that you were indeed traveling through the state is not going to be sufficient to sway a judge .. even if true.

    Happy travels !
    Last edited by davidmcbeth; 06-03-2013 at 11:17 AM.

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    Quote Originally Posted by davidmcbeth View Post
    Me thinks that this is an affirmative defense ... so, they have no obligation to recognize it until plead in court ...


    Also, when I travel with my guns .. I create a record to support such an affirmative defense. This can include: emails concerning my travel, keeping receipts along the way, etc. I assume I'll need to plead the defense.

    Lets face it.. simply your word that you were indeed traveling through the state is not going to be sufficient to sway a judge .. even if true.

    Happy travels !
    Yeah, that's the idea ultimately, I was just wondering if it came to that, I'd end up taking a ride.

    Before any of that could come into play, a police officer would have had to detain me, search my vehicle, find my safe, and either break into it or get a warrant. It's an extremely unlikely series of events.

  7. #7
    Activist Member swinokur's Avatar
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    MD has many very stupid gun laws, but you should be ok as far as travel THROUGH MD. Do not make MD your destination by stopping overnight. You lose your right to use FOPA as an affirmative defense. Keep your firearms unloaded, locked and out of sight. Remember also you have the right to decline a search of your vehicle and to refuse to answer questions. But I always try to be polite and cooperative when I can.

    Don't give LE a reason to stop you. You'll be OK IMO.

    IANAL.

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    And no pressure cookers are to be visible ... or umbrellas ... or phones .... or cameras .... of video recorders ... or kids


    They can all be weapons !

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