Be Careful What You Say, When Stopped By MD State Police!

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I am a travelerto Baltimore, MD. Meaning, I have a place in PA and commute to Baltimore on a daily routine. However, my home is East Texas.

I was stopped for out of state tags (Texas) and in the conversation, asked "Do you have any weapons in your car?" well we all know that that split second hesitation is a sure fire conviction in its own right. When I respond "Yes" I have a hand-gun in the glove box, you would have thought I showed him a rattle-snake. I was asked to step out of the vehicle and place my hands on the hood, Slowly! within a few minutes, there were two (2) additional units and thankfully a older, experience sergant.

I found it a little amusing when asked, "Your not from here?" well is it my Texas plates, my boots, or the hat? that gave me away. Now, the search was completed and my 357 revolver was removed from the case and I was asked was it loaded? and I responded why would I carry an unloaded gun, too which I received no points, and when the younger officer noticed that the hammer was on a dead cylinder, I was asked,"why is there no bullet?" my response was did your father not teach you to never carry a loaded pistol with the hammer setting on a live cylinder? No response!

The Long/Short was I was given the pistol back and it was placed back in the glove box next to the box of ammo, less 5 rounds they kept. So I guess I did ok, they took 5 and I kept 45. So, now when I cross the MD line I have to decide if I am going to empty my gun and lock it up and place the ammo somewhere that is not "Readily Available" or just take my chances.

TJ

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Now I'm kinda confused about this because....

[align=left]Maryland does not honor any other state Permit/Licenses.[/align]
[align=left]Note: From the Maryland State Police FAQ’s[/align]
[align=left]Q. Are out of state handgun permits valid in Maryland?[/align]
[align=left]A. No. The only exception is to armored car drivers who posses valid permits from other states, who are On[/align]
Duty in Maryland.

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You are correct, they didn't ask if I had CCP,

my point was, if your asked if carrying, you need to think about your response, because in my situation, it could have turned out bad, however, the older ST simply gave a lecture and the young ST put my weapon back where it was, Go figure! and right next to the box of ammo.

So, in future, if I am carrying when coming in-out of MD, I won't answer yes, when asked if I have a gun

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This was an illegal search and seizure. The search of the interior of a passenger vehicle must be related to the reason the vehicle was stopped in the first place. So--what evidence of an out-of-state tag would be found in the interior of a car?

You say the stop was for"an out-of-state tag". Are you saying they stopped you because you were from out of state only? This is illegal also as it is not illegal to have an out of state tag if you are passing through a state.

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What year did this happen? 1950's and you are white? (MD used to have Jim Crow laws and such, so a black man in the 50's probably would have gotten dragged to jail or beat up and had the gun taken)

Doesn't sound like anything that would have happened recently. This state is currently the People's Republic of Marylandistan.

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Do not recommend a repeat attempt of this alleged performance.

Suggest strongly that they laws of the state in which your are traveling be obeyed - particularly those pertaining to firearms.

It is beyond my realm of reference to even imagine this happening - caught with an illegal gun in Maryland will give you lots of time to consider the error of your ways.

Yata hey

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The only thing I can think of (and it is way far fetched) is that the LEO's in MD are actually reading the news and figure that any action they take at this point could land them in a lot of Hot water when the "Supremes" come out with their decision on McD. Otherwise, it don't make a whole lot of sense and is directly contrary to everything I have heard about Md.

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I'm originally from MD, the northern Baltimore area near I-83, which I think may have been where the OP had this incident. Anyway, I never realized how hoplophobic MD was until I moved to South Dakota and then went back to MD to visit family. I'll never live there again if I can help it, and I'm glad that you didn't have worse trouble.

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Was not got with illegal gun, Gun was legal I was legal, the carry of a firearm in my vehicle was what they said was illegal.

In Maryland, the waepon must be unloaded and placed in a locked carrier where it is not "Readily Accessible" and the ammo must be stored in a different place.

Example given, ammo in the glove box, weapon in the trunk of car

So, even going to and from Gun range this applies.

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if you are traveling through MD (origin and destination not both in MD) you are covered as you state under Fed Title 18 SS 926 (FOPA).

If you start and end your trip in MD then you are covered under the MD statute 4-203. If you are traveling to one of the specific locations in the law, ie, gun store, range, organized shoot, place of business, etc. then you may carry unloaded in an enclosed case or holster. nothing has to be locked up and ammo does not have to be separate. You may also travel with loaded magazines as long as they are not in the weapon.

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Thanks, because I still travel periodically to the office or through MD enroute to a business site and carry. Good to know, Thanks again

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4sooth wrote:

This was an illegal search and seizure. The search of the interior of a passenger vehicle must be related to the reason the vehicle was stopped in the first place. So--what evidence of an out-of-state tag would be found in the interior of a car?

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You are suggesting that the driver's declaration of gun possession not conforming to the federal Safe Passage Law and illegal in MD is not probable cause for a search?

Sorry to come off lippy. Its just that I cannot cite the cases if I phrase it as astatement of law. Phrasing it as a questionwas the only way I could come upwith.

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swinokur wrote:

if you are traveling through MD (origin and destination not both in MD) you are covered as you state under Fed Title 18 SS 926 (FOPA).

If you start and end your trip in MD then you are covered under the MD statute 4-203. If you are traveling to one of the specific locations in the law, ie, gun store, range, organized shoot, place of business, etc. then you may carry unloaded in an enclosed case or holster. nothing has to be locked up and ammo does not have to be separate. You may also travel with loaded magazines as long as they are not in the weapon.

Click to expand...

4-203:

http://law.justia.com/maryland/codes/gcr/4-203.html

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swinokur wrote:

if you are traveling through MD (origin and destination not both in MD) you are covered as you state under Fed Title 18 SS 926 (FOPA).

If you start and end your trip in MD then you are covered under the MD statute 4-203. If you are traveling to one of the specific locations in the law, ie, gun store, range, organized shoot, place of business, etc. then you may carry unloaded in an enclosed case or holster. nothing has to be locked up and ammo does not have to be separate. You may also travel with loaded magazines as long as they are not in the weapon.

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I'm not sure about the "start and end your trip in MD" part. Wouldn't it just have to be stopping in MD, regardless of where one started?

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I'm with Grapeshot on this one. I think you were very lucky to have the exact Sgt you did.

Check out the penalties at the end of 4-203

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Citizen wrote:

I'm with Grapeshot on this one. I think you were very lucky to have the exact Sgt you did.

Check out the penalties at the end of 4-203

Click to expand...

http://imagecache2.allposters.com/images/pic/PTGPOD/320626%7EChimpanzee-Covering-His-Eyes-Posters.jpg[/img]

Yata hey


Edited to correct link

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Grapeshot wrote:

Citizen wrote:

I'm with Grapeshot on this one. I think you were very lucky to have the exact Sgt you did.

Check out the penalties at the end of 4-203

Click to expand...

Yata hey

Click to expand...

Huh? "Give me something to go on, here."

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Citizen wrote:

Huh? "Give me something to go on, here."

Click to expand...

Fixed the link.

Driving in Md with an illegal gun falls in the category of things too painful to watch.

Hey, its late - what do you expect?

Yata hey

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I've read various stories about traffic stops, and watched various videos as well. I've thought about the questions about weapons, needles, etc. that officers tend to ask.

After thinking about it for a while, this is what I've come up with. If I'm in a position where I'm legally carrying or have a gun nearby, and I'm asked "Do you have any weapons," this is what I'll say--
"Nothing illegal."
And leave it at that. If they ask me again, I'll simply repeat that answer.