• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

Going to the peoples Republic of Maryland for the weekend.

1000ydshooter

Regular Member
Joined
Jul 25, 2008
Messages
173
Location
Formerly Kwajalein atoll, and Iraq. Now Zuni Va
imported post

Just looking for a little info here. wife and i are headed out to the western part (Sharpsburg) of Md for our 15th anniversy this weekend. Anyone have any idea how MD is as far as Oc id concerned,Or do they honor VA's CC permit. Dont want any trouble that far away from home,but dont want to go unarmed (i feel nakid ).Any thing you guys know will help.
 

useful_idiot

Founder's Club Member
Joined
Jul 25, 2008
Messages
259
Location
Herndon, Virginia, USA
imported post

Well...I'll give you a plain english reply sans citation.

1) MD does not recognize VA permits (or those of any other state).

2) MD does not allow open carry (excluding possible exceptions related to hunting activity...which you will not qualify for).

3) MD does not allow the transportation of firearms except to and from an organized shooting event, practicerange or gunsmith/dealer.

If you meet the criteria for #3, the firearm must be unloaded, in a locked container and in the trunk or other location out of your reach. The trunk does not qualify as the locked container. Ammunition cannot be in the same locked container. Magazines cannot be loaded under any circumstances even if they are in a separate locked container from the firearm.

The federal FOPA interstate transportation laws will not protect you because you are vacationing "in" MD, thus,your destination is one that does not recognize your2A rightsto possess your firearm outside your home.

I don't go to Maryland.... :?
 

SouthernBoy

Regular Member
Joined
May 12, 2007
Messages
5,837
Location
Western Prince William County, Virginia, USA
imported post

TFred wrote:
9MM Owner wrote:
TFred wrote:
If you're looking for Civil War themed destinations, Virginia has plenty of those herself! :)

TFred
I hear there's a liitle town in Pennsylvania called Gettysburg and it has a battlefield and museums. ;)
Yeah but you have to go through Maryland to get there from Virginia! :uhoh:

TFred
And the FOPA applies for Virginia citizens to go through Maryland to get to Pennsylvania.
 

swinokur

Activist Member
Joined
Jun 2, 2009
Messages
917
Location
Montgomery County, MD
imported post

useful_idiot wrote:
Well...I'll give you a plain english reply sans citation.

1) MD does not recognize VA permits (or those of any other state).

2) MD does not allow open carry (excluding possible exceptions related to hunting activity...which you will not qualify for).

3) MD does not allow the transportation of firearms except to and from an organized shooting event, practicerange or gunsmith/dealer.

If you meet the criteria for #3, the firearm must be unloaded, in a locked container and in the trunk or other location out of your reach. The trunk does not qualify as the locked container. Ammunition cannot be in the same locked container. Magazines cannot be loaded under any circumstances even if they are in a separate locked container from the firearm.

The federal FOPA interstate transportation laws will not protect you because you are vacationing "in" MD, thus,your destination is one that does not recognize your2A rightsto possess your firearm outside your home.

I don't go to Maryland.... :?
MD is bad but the criteria for #3 is not as you state. per MD 4-203 the handgun can be in an enclosed case or holster. No lock required. Ammo does not have to be locked and loaded magazines are ok as long as they are not in the weapon this applies if your origin and destination are both in MD as per the MD AG opinion.

pertinent parts of MD 4-203 below


(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;
 

swinokur

Activist Member
Joined
Jun 2, 2009
Messages
917
Location
Montgomery County, MD
imported post

Here is the MD AG opinion on travell in MD:

Dear Mr. _______:

Maryland law generally prohibits the wearing, carrying or transporting of handgun, loaded or unloaded, concealed or openly: 1) on or about one's person; and, 2) in a vehicle traveling on a road or parking lot generally used by the public, highway, waterway, or airway of the State.
Individuals who have been issued a permit to carry a handgun by the Maryland Department of State Police (handgun carry permits issued by other states are not effective) are exempted from this law.

The following activities are also exempted: 1) 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; 2) 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; 3) 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; 4) 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; 5) the wearing, carrying, or transporting of a handgun by a supervisory employee: in the course of employment; 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.

The federal law you cite (18 USC 926A) applies to the interstate transportation of a firearm (handgun or long arm) and supersedes Maryland law. It would have no bearing on the transportation of a firearm where the origin and destination are both within Maryland. It would however allow for the transportation of a firearm through the State of Maryland regardless of the Maryland law cited above.

For purposes of the exceptions to Maryland law, a handgun may be transported within the passenger compartment of the vehicle provided it is unloaded and in an enclosed case or holster. For purposes of the federal law exception, the firearm must be unloaded and not readily accessible from the passenger compartment.

Mark H. Bowen Assistant Attorney General


If your origin and destination are NOT BOTH in MD, then the FOPA Title 18 applies. He further stated that FOPA applies when traveling THROUGH MD. There is no hard or fast rules other than some case law I cannot find right now on rest stops, but generally food and bathroom breaks are permitted under FOPA. Anything other than that would most likely be viewed as a stop and not travel through, so the MD statute would apply.

Travel from your home in MD to another legal destination in MD would be covered under the MD law 4-203 and if stored unloaded in an enclosed case or holster would be legal.
 

0313oorah

New member
Joined
Apr 1, 2010
Messages
4
Location
, ,
imported post

Maryland is horrible I live in Washington County {Western} The laws are ridiculous but if I were you I would play dumb the cops up here are pretty decent people. Like everywhere you have super troopers but I have a lot of friends who are MSP, and Sherriff and they are pretty decent just dont go crazy haha. The transport through the state should be legal as long as the ammo, weapon, and mag is kept in seperate areas of the vehicle. Another big point is however leaving it unconcealed gives cops a better feeling than if they find it hidden. Semper-Fi USMC:dude:
 

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
imported post

0313oorah wrote:
Maryland is horrible I live in Washington County {Western} The laws are ridiculous but if I were you I would play dumb the cops up here are pretty decent people. Like everywhere you have super troopers but I have a lot of friends who are MSP, and Sherriff and they are pretty decent just dont go crazy haha. The transport through the state should be legal as long as the ammo, weapon, and mag is kept in seperate areas of the vehicle. Another big point is however leaving it unconcealed gives cops a better feeling than if they find it hidden. Semper-Fi USMC:dude:
Are serious or being sarcastic?

That very bad advice/opinion may get someone locked up and/or cost them a lot of money even with a Md. permit. Without the dubious benefit of a Md. permit and CCing in accordance with requirements, any guns need to be properly secured and stored w/o being loaded.

Having a gun loaded and within reach is a definite no-no.
Wearing, carrying, or transporting a handgun is in violation of § 4-203 of this part of the Criminal Code.

For a short course see: http://www.opencarry.org/md.html

Yata hey

Edited to add cites.
 

0313oorah

New member
Joined
Apr 1, 2010
Messages
4
Location
, ,
imported post

I know I understand what you are saying but if you arent doing anything but transporting through the state I just dont see them getting in a bunch of trouble. I had been pulled over with my gun laying on the seat of my truck and box of rounds on the floor and they did not say anything. I was stopped forturning right on red and was asked if I had any weapons he looked at it then ran my ID for warrants and sent me on my way. I had heard some people say to lie about it but thats a bad idea.If for some reason they do search your vehicle and you have it and you said you didnt then they are going to hammer you. I was just saying to travel through maryland with the weapon in the car I wasnt talking about a cc. I can only speak from my sie of MD though I dont know about east of frederick, how crazy the cops are. Thanks
 

lax

Regular Member
Joined
Jun 15, 2007
Messages
111
Location
Sierra Vista, AZ
imported post

useful_idiot wrote:
Ammunition cannot be in the same locked container.  Magazines cannot be loaded under any circumstances even if they are in a separate locked container from the firearm.

I occasionally use a range close to my parents place in MD. I've seen the above mentioned a lot but can't find an official statement. Can someone help with a link?
 

swinokur

Activist Member
Joined
Jun 2, 2009
Messages
917
Location
Montgomery County, MD
imported post

lax wrote:
useful_idiot wrote:
Ammunition cannot be in the same locked container. Magazines cannot be loaded under any circumstances even if they are in a separate locked container from the firearm.

I occasionally use a range close to my parents place in MD. I've seen the above mentioned a lot but can't find an official statement. Can someone help with a link?
That info is just plain wrong. The only requirement is that the weapon be unloaded in an enclosed case or holster. Loaded mags are ok as per the attached MD AG opinion.

Link to MD 4-203 handgun statute

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

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
imported post

swinokur wrote:
lax wrote:
useful_idiot wrote:
Ammunition cannot be in the same locked container. Magazines cannot be loaded under any circumstances even if they are in a separate locked container from the firearm.

I occasionally use a range close to my parents place in MD. I've seen the above mentioned a lot but can't find an official statement. Can someone help with a link?
That info is just plain wrong. The only requirement is that the weapon be unloaded in an enclosed case or holster. Loaded mags are ok as per the attached MD AG opinion.

Link to MD 4-203 handgun statute

http://law.justia.com/maryland/codes/gcr/4-203.html
There is a this very narrow application which only applies to going to the range, repair shop and a few similar circumstances has already been covered here. It does not protect a traveler from out of state who is traveling through or ending their trip in Md which is what the OP asked and the application of the thread. Not disparaging your reply - only bringing it back OT. :)

In any event, these exceptions do not permit going to Aunt Bea's house or wherever else is not specifically authorized in the code for in-state trips.

The penalty for violation of this code is severe: 3 -10 years confinement and "The court may not impose less than the applicable minimum sentence provided under subparagraph (i) of this paragraph." per your link above.

To those that suggest we should trust in the good graces of LEOs when stopped, I find that ludicrous. Know the law and follow the law; protect the future of your RKBA.

Yata hey
 
Top