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Thread: transporting handgun through non OC state (MD)?

  1. #1
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    Is there a legal way to transport a weapon through a state that does not recognize my permit or allow open carry?

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    Regular Member t33j's Avatar
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    Sic Semper Tyrannis

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    http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t17t20+544+0++()%20%20A ND%20((18)%20ADJ%20USC):CITE%20AND%20(USC%20w/10%20(926A)):CITE%20%20%20%20%20%20%20%20%20

    § 926A. Interstate transportation of firearms

    Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.
    I suggest bringing a copy of this with you. And, don't go through NJ anyway, because even though you are protected by federal law they don't care and may arrest you anyway.

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    The state that I am looking at going through is Maryland

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    Keep a copy of that law, unload and lock the gun and ammo in your trunk, and you should be fine.

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    vaguard wrote:
    The state that I am looking at going through is Maryland
    I haven't heard any instances of MD not respecting FOPA '86.

    I still make sure I drive in a manor I won't get pulled over though, no need to invite the opportunity.

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    GWRedDragon wrote:
    Keep a copy of that law, unload and lock the gun and ammo in your trunk, and you should be fine.
    Last time I drove through MD, I did all that except keep a copy of the law with me. Besides, the only way they were going to find out about a gun would have been if they were searching my vehicle's trunk space.

    Though if they were searching my trunk, that encounter would have already gone way south and I'd be waiting for my ride to jail.

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    nova wrote:
    vaguard wrote:
    The state that I am looking at going through is Maryland
    I haven't heard any instances of MD not respecting FOPA '86.

    I still make sure I drive in a manor I won't get pulled over though, no need to invite the opportunity.
    Md takes the position that the FOPA is an "affirmative defense". That is, they can arrest you, charge you with unlawful possession of a firearm, and put you on trial, and it's up to you to prove, then, that you began and planned to end your trip in places where it was legal for you to have firearms.

    The wrinkle in this is that they still have to have probable cause to arrest you or a warrant, in order to search the car. So if they get you for DUI or possession of marijuana, or some such thing, and you've got a gun in the trunk, you can consider yourself perfectly and thoroughly screwed.
    Daniel L. Hawes - 540 347 2430 - HTTP://www.VirginiaLegalDefense.com

    By the way, nothing I say on this website as "user" should be taken as either advertising for attorney services or legal advice, merely personal opinion. Everyone having a question regarding the application of law to the facts of their situation should seek the advice of an attorney competent in the subject matter of the issues presented and licensed to practice in the relevant state.

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    I also have a similar question to this... In the state of MD even having in possession of you a handgun while being under the age of 21 is illegal, what are the laws pertaining someone driving from Virginia to Vermont while not 21 or under 18.

    Does FOPA protect you as long as you are 18 and above?

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    eddyys wrote:
    I also have a similar question to this...* In the state of MD even having in possession of you a handgun while being under the age of 21 is illegal, what are the laws pertaining someone driving from Virginia to Vermont while not 21 or under 18.

    Does FOPA protect you as long as you are 18 and above?
    Why wouldn't it? It doesn't say anything about exempting an age prohibition.

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    GWRedDragon wrote:
    eddyys wrote:
    I also have a similar question to this...* In the state of MD even having in possession of you a handgun while being under the age of 21 is illegal, what are the laws pertaining someone driving from Virginia to Vermont while not 21 or under 18.

    Does FOPA protect you as long as you are 18 and above?
    Done that... to hike a mountain in the Fall.

    Why wouldn't it? It doesn't say anything about exempting an age prohibition.
    This.
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    user wrote:
    nova wrote:
    vaguard wrote:
    The state that I am looking at going through is Maryland
    I haven't heard any instances of MD not respecting FOPA '86.

    I still make sure I drive in a manor I won't get pulled over though, no need to invite the opportunity.
    Md takes the position that the FOPA is an "affirmative defense". That is, they can arrest you, charge you with unlawful possession of a firearm, and put you on trial, and it's up to you to prove, then, that you began and planned to end your trip in places where it was legal for you to have firearms.

    The wrinkle in this is that they still have to have probable cause to arrest you or a warrant, in order to search the car. So if they get you for DUI or possession of marijuana, or some such thing, and you've got a gun in the trunk, you can consider yourself perfectly and thoroughly screwed.
    How can they do this if someone is following the requirements of the FOPA carefully and that someone is passing through to his destination? Or would they under those circumstances?

    For example, suppose I was to travel to Pennsylvania from Virginia and while in Maryland, stopped for fuel and food. They would fall within the parameters of the FOPA as acceptable for my travel. How might Maryland view this?

    In the final seconds of your life, just before your killer is about to dispatch you to that great eternal darkness, what would you rather have in your hand? A cell phone or a gun?

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    From the Maryland State Police Website
    http://www.msp.maryland.gov/downloads/licensing_faq.pdf

    Q. Can I legally transport firearms interstate?
    A. Yes, under Title 18, Section 926A, of the United States Code, a person
    who is not prohibited from possessing, transporting, shipping, or receiving
    a firearm shall be entitled to transport a firearm for any lawful purpose
    from any place where he may lawfully possess and carry such firearm to
    any place where he may lawfully possess and carry such firearm if, during
    such transportation the firearm is unloaded, neither the firearm nor any
    ammunition being transported is readily accessible or is directly accessible
    from the passenger compartment. In the case the vehicle does not have a
    compartment separate from the driver's compartment the firearm or
    ammunition shall be contained in a locked compartment other than the
    glove compartment or console.

    Can I legally transport my regulated firearm to the range?
    A. Yes, however, Maryland and Federal laws require specific conditions be
    met while transporting a handgun. Please refer to Maryland Annotated
    Code, Criminal Law, Title 4, Section 203 for a detailed account of wearing,
    carrying, or transporting a handgun. You may access the Maryland
    General Assembly website at http://mlis.state.md.us/
    You can access the Federal requirements through www.atf.gov and
    conduct a search for “27 Code of Federal Regulations, Part 178” and then
    look for “Transportation of Firearms.”
    The basic requirement during transport is the handgun must be unloaded
    and in an enclosed case or enclosed holster with the ammunition separate
    from the handgun AND you must be transporting the handgun to or from
    the locations listed in the statute.
    Go to the following website for Criminal Law Title 4-203 regarding
    wearing, carrying or transporting a handgun:
    http://mlis.state.md.us/asp/statutes...Extension=HTML

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    user wrote:
    The wrinkle in this is that they still have to have probable cause to arrest you or a warrant, in order to search the car. So if they get you for DUI or possession of marijuana, or some such thing, and you've got a gun in the trunk, you can consider yourself perfectly and thoroughly screwed.
    Why would ANY responsible gun owner be driving after drinking, or smoking pot???????????
    Quote Originally Posted by Open Carry.org Member View Post
    I really disgree with this one! That means that we can have any yahoo running around with a gun with out the proper training. This really scares the hell out of me. Just my two-cents!
    Quote Originally Posted by KansasMustang View Post
    Joe Schmedlap out there with a loaded weapon thinking he's going to deter crime and he's not even trained to fire his weapon safely just kinda makes my hair on the back of my neck stand up.

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    If your not doing anything dumb you shouldn't be getting pulled in the first place. And if you are speeding or something of that nature it should not raise the officer's suspicion to search your vehicle.

    Let's just say I'm buying fireworks for example, and bringing them to a state where they are not perfectly legal. I would be signaling all my lane changes, keeping a safe distance, speed limit, etc to make sure I have no run in with the law

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    SouthernBoy wrote:
    user wrote:
    nova wrote:
    vaguard wrote:
    The state that I am looking at going through is Maryland
    I haven't heard any instances of MD not respecting FOPA '86.

    I still make sure I drive in a manor I won't get pulled over though, no need to invite the opportunity.
    Md takes the position that the FOPA is an "affirmative defense". That is, they can arrest you, charge you with unlawful possession of a firearm, and put you on trial, and it's up to you to prove, then, that you began and planned to end your trip in places where it was legal for you to have firearms.

    The wrinkle in this is that they still have to have probable cause to arrest you or a warrant, in order to search the car. So if they get you for DUI or possession of marijuana, or some such thing, and you've got a gun in the trunk, you can consider yourself perfectly and thoroughly screwed.
    How can they do this if someone is following the requirements of the FOPA carefully and that someone is passing through to his destination?
    Easy. They simply don't care about the law.:?

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    user wrote:
    nova wrote:
    vaguard wrote:
    The state that I am looking at going through is Maryland
    I haven't heard any instances of MD not respecting FOPA '86.

    I still make sure I drive in a manor I won't get pulled over though, no need to invite the opportunity.
    Md takes the position that the FOPA is an "affirmative defense". That is, they can arrest you, charge you with unlawful possession of a firearm, and put you on trial, and it's up to you to prove, then, that you began and planned to end your trip in places where it was legal for you to have firearms.

    The wrinkle in this is that they still have to have probable cause to arrest you or a warrant, in order to search the car. So if they get you for DUI or possession of marijuana, or some such thing, and you've got a gun in the trunk, you can consider yourself perfectly and thoroughly screwed.
    Or, this could happen:

    My barber told me that her boyfriend's son had recently been arrested in MD for possession of a handgun (don't remember how he got into that fix), and that he recently had his trial, after an initial postponement. It seems that someone had done some research on the judge, and learned he is not as anti-gun as the intent of state law. The son received a 3 yr probation with the proviso that if he stayed out of trouble in MD for that period of time, the conviction would be expunged. He did lose his gun, though, and someone is out some hefty attorney's fees.

    A law-abiding citizen should be able to carry his personal protection firearm anywhere that an armed criminal might go.

    Member VCDL, NRA

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    That McDonald ruling cannot come soon enough.

    TFred


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