GW Parkway OC?

swinokur · Jun 8, 2009

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Hello. New to the forum. I live in Bethesda but work in Arlington. I drive on the GW Parkway every day. Are there different rules for OC since this is Federal Property?

Many thanks,

Stu

Chuckles · Jun 8, 2009

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GW Parkway is actually a National Park Services property, so you will have to wait till the Credit Card Bill takes effect next year.

TexasNative · Jun 8, 2009

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Not so much open carry as plain ol' carry, whether open or concealed. For now, the GW Parkway is a National Park and as such, you're prohibited from carrying an unsecured and/or loaded firearm while in that "park."

As it stands right now, that will change in February when the new law kicks in, but until then, you're prohibited from carrying a usable gun on the Parkway.

Just out of curiosity, how would you plan to get your gun from Bethesda to Virginia, since handguns are so heavily regulated there?

~ Boyd

ETA: "There" meaning Maryland, of course.

swinokur · Jun 8, 2009

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I thought the new bill address CC, not OC. Can you clarify for me?

Thanks,

Stu

Chuckles · Jun 8, 2009

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swinokur wrote:

I thought the new bill address CC, not OC. Can you clarify for me?

Thanks,

Stu

Until the new bill takes effect, you areNOT allowed to carry a LOADED gun in national parks, period. It doesn't matter if you OC or CC as Boyd has pointed out. If you are just driving through GW Parkway, unload your weapon and put it in a secured place (other than glove box or center console) so you don't get in deep doodoos if pulled over.

swinokur · Jun 8, 2009

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I have purchased a small portable laptop PC sized lockable safe from Gunvault that I will use to get to Virginia. It is a new item and will be available after 6-25 according to the Gubvault web site. That would comply with federal law. I hate MD's arcaiic gun laws. I feel like a subject, not a citizen.

Stu

TexasNative · Jun 8, 2009

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The pertinent section of the bill reads:

The Secretary of the Interior shall not promulgate or enforce any regulation that prohibits an individual from possessing a firearm including an assembled or functional firearm in any unit of the National Park System or the National Wildlife Refuge System if--

(1) the individual is not otherwise prohibited by law from possessing the firearm; and

(2) the possession of the firearm is in compliance with the law of the State in which the unit of the National Park System or the National Wildlife Refuge System is located.

As you can see, there's nothing in the bill addressing the manner of carry. It simply says that the surrounding state's laws are the guide.

~ Boyd

swinokur · Jun 8, 2009

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Great. Thanks for the info. I will wait until February. But I can keep an unloaded handgun in a locked case in my SUV until then?

Stu

TexasNative · Jun 8, 2009

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swinokur wrote:

I have purchased a small portable laptop PC sized lockable safe from Gunvault that I will use to get to Virginia. It is a new item and will be available after 6-25 according to the Gubvault web site. That would comply with federal law. I hate MD's arcaiic gun laws. I feel like a subject, not a citizen.

Stu

I don't pretend to know everything about Maryland's gun laws, but I'd strongly recommend that you double check to be sure what you plan to do still doesn't run afoul of their law.

As I read Title 4 Section 203 of Maryland's Criminal Law, it doesn't appear to me to allow what you want to do, and since you live in Maryland, I don't think the Federal statute overrides Maryland law for you.

I could be wrong, of course, but if I were in your shoes, I'd take steps to satisfy myself that I wouldn't get a felony conviction on my record. But that's not a Virginia issue, so I'll shut up now.

~ Boyd

Chuckles · Jun 8, 2009

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swinokur wrote:

....I hate MD's arcaiic gun laws. I feel like a subject, not a citizen.

Stu

When I first moved to DC area, due to a severe brain fart, I decided to rent in Maryland, PG County of all places. It didn't take me more than a few weeks to figure out it was not a place I want to live. I broke the lease and hi-tailed to VA shortly thereafter. Been happy ever since.

Skeptic · Jun 8, 2009

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Chuckles wrote:

swinokur wrote:

....I hate MD's arcaiic gun laws. I feel like a subject, not a citizen.

Stu

Click to expand...

When I first moved to DC area, due to a severe brain fart, I decided to rent in Maryland, PG County of all places. It didn't take me more than a few weeks to figure out it was not a place I want to live. I broke the lease and hi-tailed to VA shortly thereafter. Been happy ever since.

I won't even stop my car in the state of Maryland on the few occasions I am forced to drive through it. No gas, no food, no hotels. They hate my guns, they won't get any of my money.

Too bad too because there are a number of "roadfood" kind places I would love to try out , specially over on the shore.

swinokur · Jun 8, 2009

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What I intend to do after next February is to place my unloaded handgun in a locked box (in compliance with federal law) and drive into Virginia down the GW parkway. The MD handgun law doesn't apply to interstate travel, so I believe the federal law applies. When I get into Virginia, as I read it, I can then unlock and load the handgun and start OC'ing. Can I leave my weapon in my vehicle in Arlington unloaded and in a locked case?

I will check with an LEO from both states before I do any of this, to avoid any problems.

Thanks for keeping me out of "trouble"

Stu

ed · Jun 8, 2009

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swinokur wrote:

I will check with an LEO from both states

Stu

THAT will probably get you MORE in trouble. Most LEO's can't tell you what the laws are... we have all seen that on these message boards. Besides.. Your defense of "officer smith, badge #123 told me I could carry loaded on the parkway" and $4.00 will still get you a cup of coffee at Starbucks and thats about it.

swinokur · Jun 8, 2009

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I guess I need to contact the Commonwealth Attorney to get an iinterpretation. It seems to me I need to comply with Federal law to travel interstate. Then comply with Virginia law once I arrive.

Stu

TexasNative · Jun 8, 2009

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My Layman's understanding of the Federal law is along these lines:

When I travel from Virginia to Pennsylvania, I don't have to worry about meeting Maryland's requirements while I transit the state. So I don't have to be going to a range, a gun shop, a business which I own, etc.

I'm not so sure that it would cover me if I lived in Maryland, whether or not I'm leaving the state for my travel. I'm not saying it doesn't, I'm just saying that I don't think a layman can read the law, both federal and Maryland, and understand the potential pitfalls on his own. And the downside of making the wrong decision could be catastrophic to one's gun rights.

~ Boyd

TexasNative · Jun 8, 2009

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If I were a Maryland State Trooper, interested in crushing the little people who have the audacity to think they can protect themselves with a gun, here's how I'd interpret the law:

You ain't left the state yet, so it ain't interstate travel. Hence, Maryland law applies. You're not going to one of the allowed places to travel with a handgun, so I get to put you in cuffs, impound your vehicle and all the other stuff that makes my job so much fun.

Man, I'm so glad I don't live in Maryland any more!

~ Boyd

Jonesy · Jun 8, 2009

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swinokur wrote:

What I intend to do after next February is to place my unloaded handgun in a locked box (in compliance with federal law) and drive into Virginia down the GW parkway. The MD handgun law doesn't apply to interstate travel, so I believe the federal law applies. When I get into Virginia, as I read it, I can then unlock and load the handgun and start OC'ing. Can I leave my weapon in my vehicle in Arlington unloaded and in a locked case?

I will check with an LEO from both states before I do any of this, to avoid any problems.

Thanks for keeping me out of "trouble"

Stu

An officer in Virginia may feel that the weapon in a car is a concealed weapon, although if it is in the a locked case or in the trunk you should be fine, trunk is best, then there is no question. You could consider applying for a Virginia non-resident CWP, see here.

http://www.vsp.state.va.us/Firearms_NonresidentConcealed.shtm

Then you can carry open or concealed in Virginia, and store in your car. Would give you the option of concealing and protect you from accidentally concealing, such as when a shirt or jacket could accidentally cover the weapon.

Be very careful on the GW parkway until the new law takes affect. Personally I would put the case in the trunk if I was gonna do this.

swinokur · Jun 8, 2009

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Agreed. I will write the Commonwealth Attorney for an interpretation. As I read it the Federal law says if traveling interstate, and I have no trunk, the handgun must be in a locked case, unloaded. I will do this prior to leaving Maryland. I am buying a small safe for this. After crossing the state line but not going out of Virginia, I need to comply with VA law. This is my interpretation but I obviously need written confirmation of this before doing it.

Stu

swinokur · Jun 8, 2009

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This is very informative. I have an SUV with no lockable compartment. That is why I am buying a small vehicle safe to comply with Federal law. I am not going to drive on the GW with a handgun until the new law becomes effective in February under any circumstances.

Thanks for the info on the non resident CCW.

Stu

swinokur · Jun 8, 2009

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I think I could make the case that even if I was not doing one of the few things MD allows, the fact that the handgun was in a locked case may convince a judge that my intent was to travel Interstate. MD law only requires that when doing an activity like travel to a range or gun store that the handgun be unloaded and in an enclosed case or holster. The fact that I put it in a locked case and am headed towards VA may be enough to prove my case. But I guess I need to decide how aggressive the MSP may be if I'm stopped going across the Legion bridge with an unloaded weapon in a locked case.

Stu

GW Parkway OC?

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