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Thread: Visiting Maryland for the first time

  1. #1
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    Visiting Maryland for the first time

    I have some questions about the laws in Maryland, Me my mom and grandma will be making a trip to Maryland soon I understand you can't carry a loaded firearm in your vehicle.
    I was wondering if I bring along my handgun is there anything prohibiting Me from having a handgun in my suit case in the hotel room?

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    Regular Member Mr H's Avatar
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    I may be slightly off on this, but...

    Even in Maryland, I believe that your hotel room is considered your residence, however temporary.

    Transport within the state has some pretty onerous restrictions, but having your weapon available in your room, AFAIK, is no issue.

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    I understand, this is basically just to get an outline and as a conversation piece and I understand you Aren't a lawyer LOL.
    Thanks for the reply either way.

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    Once in the hotel room it is a place you are renting or leasing and it is a place you are residing and therefore you can have it loaded and ready while in the room. However, transporting to the hotel room is the question.
    There is a lot of discussion about this over on the MDShooters.com forum over the years (use the search feature and use keywords like domicile, bona fide residence, hotel, lease, etc.). There are gray areas still, but there are also ways to possibly avoid some of the gray areas in regards to the transport to and from the hotel room.

    But if the handguns are "antique" or "antique replicas" under state law, then transport in a vehicle unloaded is not a problem and is not addressed under state law and is one way to avoid the possible conflicts with transporting to a hotel room.

    I am not a lawyer and I did not even sleep in a Holiday Inn Express last night, so double check on anything and everything I state.

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    Is there a MD statute recognizing a hotel room as a domicile? I'm only aware of a 3rd circuit case in which the court said hotels were NOT protected under FOPA, and a guy was arrested for taking a gun to a NJ hotel after his airline flight plans were screwed up.

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    Quote Originally Posted by press1280 View Post
    Is there a MD statute recognizing a hotel room as a domicile? I'm only aware of a 3rd circuit case in which the court said hotels were NOT protected under FOPA, and a guy was arrested for taking a gun to a NJ hotel after his airline flight plans were screwed up.
    A hotel room is definitely not a "domicile" under MD tax law (and in a possible few law applications in MD) unless one is living in it year round (so to speak) and they have listed it as their address and also have severed all ties to any previous domicile (voter registration was changed, driver's license address' etc.).
    However, that is a separate issue in regards to the MD handgun possession/transportation statute because the statute in question says, "(does not prohibit) 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;"
    You are leasing a hotel room and you are also residing there even if just for a night so it does not matter if it is a domicile or not.
    Howver, the big question is in regards to transporting TO the hotel room. That answer is a lot less clear.

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    ok, I am only gonna be there for 2 nights so I am thinking probably just best to leave it in the trunk locked up While I am in MD.

    So my next ? is how about Extendable batons for self defense?
    Lawful in MD?

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    Quote Originally Posted by hotrod8812 View Post
    ok, I am only gonna be there for 2 nights so I am thinking probably just best to leave it in the trunk locked up While I am in MD.

    So my next ? is how about Extendable batons for self defense?
    Lawful in MD?
    By state law alone (but there is suggestion of state preemption), openly carried a baton is legal (if an adult) and concealed carry is very questionable and likely illegal unless one can show a reasonable fear of apprehended danger (which statute says is up to the judge to determine if it is reasonable).

    A good alternative for an adult in MD is a folding blade knife which is not a switchblade knife (or a gravity knife with the button in the handle) because looking at state law alone and high court precedent, a folding blade knife (that is not a switchblade) of any length can be worn concealed even in the open (unfolded and locked) position.
    No weapons, even folding blade knives, allowed in public schools or their properties though.

    I am not a lawyer, but I can cite case law addressing this if you like.

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    Well I am 19 so I'm not sure what they call an adult (18 or 21)

    I plan on carrying my pocket knife (3inch folder with a clip)

    My main concern is inside the car not being able to get away or defend my self (Or my family) as easy as I could outside SO I'd like to have other options if something was to come about Don't plan on it but never know.
    I am the only male going So its not like I got someone to have my back if something happen's.

    Yes, any help to understand whats Lawful would be helpful.
    thanks.

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