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Thread: Maryland Firearm transport

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    Hello all, reading through the MD law on transporting a firearm it reads of buisiness owners right to transport to and from place of work. My Q is this, Being an electrician, I travel to and fom many jobs everyday, does this mean I can transport in a lawful manner my firearm in my vehicle each and every day. Thank You

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    Regular Member Dreamer's Avatar
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    I would say yes. But "transporting" in Maryland means an ENTIRELY different thing than in most of the other Mid-Atlantic states...

    Im MD, when they speak of "transporting a firearm" they mean it must be unloaded and either locked in a box or in a compartment completely inaccessable to anyone in the passenger compartment (like the trunk of a car.

    It DOES NOT mean you can carry it on your hip, on the seat, or in the glovebox if it is loaded.

    The only way to transport a loaded firearm (or to even have access to an unloaded one) in your vehicle is if you have one of the impossibly-rare Maryland Permit to Carry a Handgun. If you don't have a permit, then you can't carry.

    As an electrician, most of your job probably involves going to other locations (besides your office). I doubt that MD law would allow you to just carry a firearm around like that, even if it was properly stowed, because those other locations are SOMEONE ELSE'S private property. Even though you are conducting your business (actually, you are providing a SERVICE) at these other locations, they are NOT your "primary place of business" and therefore not covered under MD's transport statutes. At least that's how I would read it, knowing what I know about MD law, and the policies of the MSP and the MD AG.

    Of course, IANAL. You may want to call the MD Attorney General's office on this one...

    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."
    --Barry Goldwater, 1964

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    Activist Member swinokur's Avatar
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    Dreamer wrote:
    I would say yes. But "transporting" in Maryland means an ENTIRELY different thing than in most of the other Mid-Atlantic states...

    Im MD, when they speak of "transporting a firearm" they mean it must be unloaded and either locked in a box or in a compartment completely inaccessable to anyone in the passenger compartment (like the trunk of a car.

    It DOES NOT mean you can carry it on your hip, on the seat, or in the glovebox if it is loaded.

    The only way to transport a loaded firearm (or to even have access to an unloaded one) in your vehicle is if you have one of the impossibly-rare Maryland Permit to Carry a Handgun. If you don't have a permit, then you can't carry.

    As an electrician, most of your job probably involves going to other locations (besides your office). I doubt that MD law would allow you to just carry a firearm around like that, even if it was properly stowed, because those other locations are SOMEONE ELSE'S private property. Even though you are conducting your business (actually, you are providing a SERVICE) at these other locations, they are NOT your "primary place of business" and therefore not covered under MD's transport statutes. At least that's how I would read it, knowing what I know about MD law, and the policies of the MSP and the MD AG.

    Of course, IANAL. You may want to call the MD Attorney General's office on this one...
    IMO not a good idea inless there is case law to allow this. Md 4-203 does allow transpot of an unloaded weapon tthe specific activity or location cited below . The law states place of business. That is the part I'd be concerned with. Unless there is an AG opinion or previous case law I would NOT do it. We all know how MD is about firearms.

    MD 4-203

    § 4-203. (a) (1) Except as provided in subsection (b) of this section, a person may not:
    (i) wear, carry, or transport a handgun, whether concealed or open, on or about the person;

    (ii) wear, carry, or knowingly transport a handgun, whether concealed or open, in a vehicle traveling on a road or parking lot generally used by the public, highway, waterway, or airway of the State;

    (iii) violate item (i) or (ii) of this paragraph while on public school property in the State; or

    (iv) violate item (i) or (ii) of this paragraph with the deliberate purpose of injuring or killing another person.

    (2) There is a rebuttable presumption that a person who transports a handgun under paragraph (1)(ii) of this subsection transports the handgun knowingly.

    (b) This section does not prohibit:

    (1) the wearing, carrying, or transporting of a handgun by a person who is on active assignment engaged in law enforcement, is authorized at the time and under the circumstances to wear, carry, or transport the handgun as part of the person's official equipment, and is:

    (i) a law enforcement official of the United States, the State, or a county or city of the State;

    (ii) a member of the armed forces of the United States or of the National Guard on duty or traveling to or from duty;

    (iii) a law enforcement official of another state or subdivision of another state temporarily in this State on official business;

    (iv) a correctional officer or warden of a correctional facility in the State;

    (v) a sheriff or full-time assistant or deputy sheriff of the State; or

    (vi) a temporary or part-time sheriff's deputy;

    (2) the wearing, carrying, or transporting of a handgun by a person to whom a permit to wear, carry, or transport the handgun has been issued under Title 5, Subtitle 3 of the Public Safety Article;

    (3) the carrying of a handgun on the person or in a vehicle while the person is transporting the handgun to or from the place of legal purchase or sale, or to or from a bona fide repair shop, or between bona fide residences of the person, or between the bona fide residence and place of business of the person, if the business is operated and owned substantially by the person if each handgun is unloaded and carried in an enclosed case or an enclosed holster;

    (4) the wearing, carrying, or transporting by a person of a handgun used in connection with an organized military activity, a target shoot, formal or informal target practice, sport shooting event, hunting, a Department of Natural Resources-sponsored firearms and hunter safety class, trapping, or a dog obedience training class or show, while the person is engaged in, on the way to, or returning from that activity if each handgun is unloaded and carried in an enclosed case or an enclosed holster;

    (5) the moving by a bona fide gun collector of part or all of the collector's gun collection from place to place for public or private exhibition if each handgun is unloaded and carried in an enclosed case or an enclosed holster;

    (6) the wearing, carrying, or transporting of a handgun by a person on real estate that the person owns or leases or where the person resides or within the confines of a business establishment that the person owns or leases;

    (7) the wearing, carrying, or transporting of a handgun by a supervisory employee:

    (i) in the course of employment;

    (ii) within the confines of the business establishment in which the supervisory employee is employed; and

    (iii) when so authorized by the owner or manager of the business establishment; or

    (8) the carrying or transporting of a signal pistol or other visual distress signal approved by the United States Coast Guard in a vessel on the waterways of the State or, if the signal pistol or other visual distress signal is unloaded and carried in an enclosed case, in a vehicle.

    (c) (1) A person who violates this section is guilty of a misdemeanor and on conviction is subject to the penalties provided in this subsection.

    (2) If the person has not previously been convicted under this section, § 4-204 of this subtitle, or § 4-101 or § 4-102 of this title:

    (i) except as provided in item (ii) of this paragraph, the person is subject to imprisonment for not less than 30 days and not exceeding 3 years or a fine of not less than $250 and not exceeding $2,500 or both; or

    (ii) if the person violates subsection (a)(1)(iii) of this section, the person shall be sentenced to imprisonment for not less than 90 days.

    (3) (i) If the person has previously been convicted once under this section, § 4-204 of this subtitle, or § 4-101 or § 4-102 of this title:

    1. except as provided in item 2 of this subparagraph, the person is subject to imprisonment for not less than 1 year and not exceeding 10 years; or

    2. if the person violates subsection (a)(1)(iii) of this section, the person is subject to imprisonment for not less than 3 years and not exceeding 10 years.

    (ii) The court may not impose less than the applicable minimum sentence provided under subparagraph (i) of this paragraph.

    (4) (i) If the person has previously been convicted more than once under this section, § 4-204 of this subtitle, or § 4-101 or § 4-102 of this title, or of any combination of these crimes:

    1. except as provided in item (2) of this subparagraph, the person is subject to imprisonment for not less than 3 years and not exceeding 10 years; or

    2. A. if the person violates subsection (a)(1)(iii) of this section, the person is subject to imprisonment for not less than 5 years and not exceeding 10 years; or

    B. if the person violates subsection (a)(1)(iv) of this section, the person is subject to imprisonment for not less than 5 years and not exceeding 10 years.

    (ii) The court may not impose less than the applicable minimum sentence provided under subparagraph (i) of this paragraph.

    IANAL







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    So if My dog and I areat obedience classes,I can Open Carry, or transport in myvehicle?

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    Activist Member swinokur's Avatar
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    saka wrote:
    So if My dog and I areat obedience classes,I can Open Carry, or transport in myvehicle?
    You cannot OC. You could transport under 4-203 unloaded, in an enclosed case or holster. Question is whn you got to the obedience class, what would you do with the weapon? I suppose you could leave it locked in the trunk, but what's the value of the weapon at that point? I have no idea why dog obedience classes are in the statute. Playing games with MD's ridiculous laws will get you in a heap of trouble IMO.

    IANAL

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    Dog training clases are included in this statute for the training of HUNTING dogs--such as dogs used for hunting waterfoul. Just like horses, dogs need to be "gun-broken" so they aren't frightened by the gun going off. A duck or pheasant dog isn't going to do yo much good if he takes off running the other way when you fire your 12ga at a bird...
    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."
    --Barry Goldwater, 1964

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    Ah ha. hat explains the inclusion. I am not a hunter so that portion escaped me.

    Thanks Dreamer

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    Dreamer wrote:
    I would say yes. But "transporting" in Maryland means an ENTIRELY different thing than in most of the other Mid-Atlantic states...

    Im MD, when they speak of "transporting a firearm" they mean it must be unloaded and either locked in a box or in a compartment completely inaccessable to anyone in the passenger compartment (like the trunk of a car.

    It DOES NOT mean you can carry it on your hip, on the seat, or in the glovebox if it is loaded.

    The only way to transport a loaded firearm (or to even have access to an unloaded one) in your vehicle is if you have one of the impossibly-rare Maryland Permit to Carry a Handgun. If you don't have a permit, then you can't carry.

    As an electrician, most of your job probably involves going to other locations (besides your office). I doubt that MD law would allow you to just carry a firearm around like that, even if it was properly stowed, because those other locations are SOMEONE ELSE'S private property. Even though you are conducting your business (actually, you are providing a SERVICE) at these other locations, they are NOT your "primary place of business" and therefore not covered under MD's transport statutes. At least that's how I would read it, knowing what I know about MD law, and the policies of the MSP and the MD AG.

    Of course, IANAL. You may want to call the MD Attorney General's office on this one...
    You're not a lawyer AND you haven't read MD Law § 4-203. MD CODE

    You can carry on your hip, head, strapped to your penis, in your car if
    1. On your way to or from qualified places
    2. Unloaded
    3. Enclosed holster


    READ IT! Does not need to be in locked compartment or separate compartment!

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    Hey schultz, how was your OC in PA last weekend?

    And don't forget, if you want to stop by my place, it is an informal range. LOL

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    Enjoyed it. Stopped by Freedom Armory. CCd and OCd there. (1st ever CC!) Not a blink. Nice place, although the lane time is much more expensive than by my place.

    Your yard is free!!!!!

    Dave

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    Regular Member Dreamer's Avatar
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    theschultz wrote:
    You're not a lawyer AND you haven't read MD Law § 4-203. MD CODE

    You can carry on your hip, head, strapped to your penis, in your car if
    1. On your way to or from qualified places
    2. Unloaded
    3. Enclosed holster


    READ IT! Does not need to be in locked compartment or separate compartment!
    Yes I have read the MD statute, and I am wite familiar with it. I was addressing the OP's original question. He is a business owner and wanted to know if he could carry in his vehicle while traveling to see clients or job sites.

    Since NONE of those places constitute a "qualified place", I stand by my statement.

    If YOU want to tote a pistol in an "enclosed holster" as you go about your daily business routine in MD, then I hope you have the time and funds to be a "Test case" because if caught, you WILL have our firearm seized, you WILL be arrested, and you WILL end up in court.

    Since IANAL, I figured it wasn't my place to instruct him how to weasel out of breaking the law (even though I believe that law to be stupid and unconstitutional) by saying he was traveling somewhere he wasn't.

    But since the OP seems like an honest guy--the kind of guy who wouldn't try and sella line of BS to a Trooper to try and justify carrying a gun in his car in a manner deemed illegal under MD law, I figured it was best to tell him what he needed to do to be safely under the law...
    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."
    --Barry Goldwater, 1964

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    Cheers! Within the law=outside the bars. Right.

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    Typically those bona fide locations have to be a fixed place. I think cab drivers have tried that same loophole and were unsuccessful.

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    Right there sums it all up, cabbies get robbed all the time, they need protection.

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