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Thread: Traveling to Western Md

  1. #1
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    Hello everyone,
    I admit to only doing the most rudimentary of research and not going the extra step to figuring it out myself. That said, the readers of this forum are diverse and knowledgeable. And posing this question to you is a good first step.

    I understand many of you are not lawyers but I still am interested in your opinions.

    I'm traveling to Western MD for the weekend. I'm staying in a cabin for some R&R. I know I cant bring a handgun, but I think its legal to travel with an unloaded M1 carbine.
    What do you all say?


    Semper Fi


    Edit - Planning on keeping a loaded 15 rnd mag in my bag...


  2. #2
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    "Notwithstanding any state or local law, a person shall be entitled to transport a firearm from any place where he may lawfully possess it to any other place where he may lawfully possess such firearm if the firearm is unloaded and in the trunk. In vehicles without a trunk, the unloaded firearm shall be in a locked container other than the glove compartment or console. Necessary stops, like gasoline and rest, seem permissible."

    http://www.nraila.org/GunLaws/Federal/Read.aspx?id=59

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    Thanks. From further reading, it seems like i am ok traveling with an unloaded long gun.
    It will have to do since there seems no way to bring my handgun and I really don't want to be unarmed - even if my only option is to fish a loaded magazine out of my bag first.

  4. #4
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    mdinnie wrote:
    Thanks. From further reading, it seems like i am ok traveling with an unloaded long gun.
    It will have to do since there seems no way to bring my handgun and I really don't want to be unarmed - even if my only option is to fish a loaded magazine out of my bag first.
    I don't see a differentiation between long gun and handgun specified.

    a person shall be entitled to transport a firearm from any place where he may lawfully possess it to any other place where he may lawfully possess such firearm if the firearm is unloaded and in the trunk


    Unless there is some prohibition from you legally possessing a handgun where you are ending your journey (Western MD) I do not see any reason to limit yourself to a long arm.

    That being said - they MUST be unloaded and locked in the trunk during transport - not floating about the cabin with a loaded magazine in your satchel.

    That would probably be persecuted as a concealed weapons violation in MD.

  5. #5
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    Ok. Thats interesting. I figured I was not allowed to have a handgun unless I was traveling with it for a specific purpose, like target practice or repair. I'm not planning on either of those.
    Damn. i dont mind complicated theories and ideas but I dont want to inadvertently forfeit my right to ever own a firearm again.
    But I see what you mean - I would be legally allowed to posses a handgun at my final destination, Md, I believe.,.. You don't need a permit to posses, right? Just not carry....

    just fyi, I'd be legal to posses in most any case where one would be legal - i've never been in any trouble, no mental issues, secret clearance, etc...

  6. #6
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    I also don't have a trunk, its an suv. I was planning on putting it in a bag at the far back. There will be coolers and dogs and gear - it would be far from "easily accessible".

    The more I read, the more it seems like Id be better off with just the unloaded handgun. It would draw a lot less attention and be more subtle.

  7. #7
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    Sorry to beat a dead horse here. I see I've already screwed up some etiquette and my post was moved.
    This part seems to preclude transporting a pistol in my situation (im traveling from va to MD for the sole purpose of R&R in Md. No planned shooting etc...) :
    It is unlawful for any person without a permit to wear or carry a handgun, openly or concealed, upon or about his person, or to knowingly transport a handgun in any vehicle traveling on public roads, highways, waterways or airways or upon roads or parking lots generally used by the public. This does not apply to any person wearing, carrying or transporting a handgun within the confines of real estate owned or leased by him, or on which he resided, or within the confines of a business establishment owned or leased by him. [3]
    No violation is committed by any person who can demonstrate that the handgun is being carried, worn or transported:

    1. Too or from a place of legal purchase or sale or repair shop.
    2. Between such person's bona fide residences or between his residence and place of business if the business is operated and substantially owned by that person.
    3. While engaged in or traveling to and from a "target shoot, formal or informal target practice, sport shooting event, hunting, trapping or dog obedience training class or show."
    4. By a bona fide gun collector who is "moving any part or all of his gun collection from place to place for public or private exhibition," and while such handguns are actually on exhibition.


  8. #8
    Regular Member pyite's Avatar
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    Maryland sucks. Dont go.

  9. #9
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    mdinnie wrote:
    Sorry to beat a dead horse here. I see I've already screwed up some etiquette and my post was moved.
    This part seems to preclude transporting a pistol in my situation (im traveling from va to MD for the sole purpose of R&R in Md. No planned shooting etc...) :
    It is unlawful for any person without a permit to wear or carry a handgun, openly or concealed, upon or about his person, or to knowingly transport a handgun in any vehicle traveling on public roads, highways, waterways or airways or upon roads or parking lots generally used by the public. This does not apply to any person wearing, carrying or transporting a handgun within the confines of real estate owned or leased by him, or on which he resided, or within the confines of a business establishment owned or leased by him. [3]
    No violation is committed by any person who can demonstrate that the handgun is being carried, worn or transported:

    1. Too or from a place of legal purchase or sale or repair shop.
    2. Between such person's bona fide residences or between his residence and place of business if the business is operated and substantially owned by that person.
    3. While engaged in or traveling to and from a "target shoot, formal or informal target practice, sport shooting event, hunting, trapping or dog obedience training class or show."
    4. By a bona fide gun collector who is "moving any part or all of his gun collection from place to place for public or private exhibition," and while such handguns are actually on exhibition.
    As I stated previously, I believe you would be legal because the Federal law trumps the state statute ( the United States Congress shall have power "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes" U.S. Constitution Article I, Section 8, Clause 3). Specifically, because you are starting in VA and ending in MD, the federal statute should trump the local state law.

    Regarding your previous comment that you do not have a trunk, it would then need to be in a locked case. - http://www.law.cornell.edu/uscode/18...6---A000-.html




  10. #10
    Moderator / Administrator Grapeshot's Avatar
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    The Federal Firearms Transportation Act allows you to transport a gun through states, allowing for stops to eat, get gas etc.

    It does not allow you to circumvent the laws of the state where you be terminating your trip - in this case Md.

    http://www.nraila.org/GunLaws/Federal/Read.aspx?id=59

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  11. #11
    Regular Member Dreamer's Avatar
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    "Grapeshot" is correct: The Federal Firearms Transport Act only covers transport THROUGH a state. If you STOP in a state, or your destination is in that state, then you need to abide by the transport and possesion laws in that state... In MOST cases...

    I actually fell into a way around this for me due to the circumstances of my wife's job. My wife is a "travelling nurse", and is temporarily living in MD on an assignment for the next few months. She has a lease, and is living there full time for the next few months. As such, I have, de facto, a legitimate "secondary residence" in MD, and therefore may transport my firearms there when I go up to visit her or my stepdaughters and granddaughter.

    Since I'm transporting it between my residences (permanent residence in NC, secondary residence in MD), all I need to do is follow MD law for legal transport--unloaded and locked up in the trunk...

    Otherwise, I technically couldn't take my firearms with me--even if they were unloaded and locked up in my vehicle.

    MD sucks. I try to avoid it if I can, but with family there, it's something I must do occasionally...
    It is our cause to dispel the foggy thinking which avoids hard decisions in the delusion that a world of conflict will somehow mysteriously resolve itself into a world of harmony, if we just don't rock the boat or irritate the forces of aggression—and this is hogwash."
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  12. #12
    Activist Member swinokur's Avatar
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    You can always say you were driving to a range or shooting event. That is allowed under MD statute 4-203. Don't tell them you just have it if stopped.

    Once in MD, the handgun needs to be unloaded, and in an enclosed case or holster according to 4-203. Loaded mags are also Ok, just not in the weapon.

    However, MD AG Bowen has also issued a ruling stating that if your origin and destination are not both in MD, then the Federal Title 18 Part 1 Chapter 44 926A FOPA statue applies.

    I can post it if someone wants to read it.

  13. #13
    Founder's Club Member - Moderator ed's Avatar
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    pyite wrote:
    Maryland sucks. Dont go.
    until those in Maryland uprise and get the laws changed, you are exactly right.
    Carry On.

    Ed

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    For VA Open Carry Cards send a S.A.2S.E. to: Ed's OC cards, Box 16143, Wash DC 20041-6143 (they are free but some folks enclose a couple bucks too)

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