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Thread: Transport and use to/in maryland

  1. #1
    Regular Member macfly's Avatar
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    Transport and use to/in maryland

    Hey all...
    technically i guess this isnt about open carry but hoped you could help anyway.
    i was planning to join my friend who lives in maryland to go to a shooting range in maryland. i live in virginia. im pretty sure that i can put my gun in a locked case with the ammo in another locked case in the trunk of my car and drive across state lines.
    what im not so sure about is am i allowed to actually go to the range and use my gun there?
    guess i wasnt sure if the transport with stuff in the back and locked is only allowed if i am passing through a state to a destination where i am allowed to carry/own/etc. I do have a virginia CHP which obviously is not accepted in MD.
    what do you think? is this ok?
    Last edited by macfly; 07-04-2011 at 04:27 PM.

  2. #2
    Regular Member Curmudgeon's Avatar
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    Like many states that are otherwise restrictive of carry, transport directly to the range and then directly back home again is legal, provided you take the precautions mentioned in your post.

    I am afraid I have no cite handy, I would instead suggest you post the same question in the Maryland Forum here, or over at http://www.mdshooters.com/forum.php

    As to whether you can use your gun there, Maryland has no restrictions, you would only be subject to the rules of the range.
    Last edited by Curmudgeon; 07-04-2011 at 05:11 PM.
    While many claim to support the right to keep and bear arms, precious few support the practice.

  3. #3
    Accomplished Advocate user's Avatar
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    Not an attorney in Maryland, but I believe you have to be a member of a shooting sports organization of some kind and going to a scheduled event at the range. Unless you've got the Maryland permit to carry, I don't believe that travel to and from the range just for informal practice is allowed in "The Free State". But I suggest you check on the Maryland "Stories from the States" forum.

    Oh, and by the way, it's easy to set up some kind of corporate entity to use as your "bona fide shooting sports organization" - you and your Maryland friend can be the only members.
    Last edited by user; 07-04-2011 at 07:11 PM.
    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.

  4. #4
    Regular Member macfly's Avatar
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    Arrgghh!
    hmmm....ok, thanks. man this is so annoying. cant we just get countrywide constitutional carry already!!!?

  5. #5
    Regular Member ProShooter's Avatar
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    Quote Originally Posted by user View Post
    Not an attorney in Maryland, but I believe you have to be a member of a shooting sports organization of some kind and going to a scheduled event at the range. Unless you've got the Maryland permit to carry, I don't believe that travel to and from the range just for informal practice is allowed in "The Free State". But I suggest you check on the Maryland "Stories from the States" forum.

    Oh, and by the way, it's easy to set up some kind of corporate entity to use as your "bona fide shooting sports organization" - you and your Maryland friend can be the only members.
    I'm not an attorney either, and I usually defer to user for his expertise, but I think informal target practice is allowable and fine.

    4-203. Wearing, carrying, or transporting handgun.



    (a) Prohibited.-

    (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) Exceptions.- 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;

    (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; or

    (9) the wearing, carrying, or transporting of a handgun by a person who is carrying a court order requiring the surrender of the handgun, if:

    (i) the handgun is unloaded;

    (ii) the person has notified the law enforcement unit, barracks, or station that the handgun is being transported in accordance with the court order; and

    (iii) the person transports the handgun directly to the law enforcement unit, barracks, or station.

    (c) Penalty.-

    (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.



    [An. Code 1957, art. 27, 36B(b), (c); 2002, ch. 26, 2; 2003, ch. 17; ch. 21, 1; 2004, ch. 25; 2005, ch. 482; 2010, ch. 712.]
    Disclaimer: These codes may not be the most recent version. Maryland may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
    James Reynolds

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  6. #6
    Accomplished Advocate user's Avatar
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    Quite right. I stand corrected.

    Next step is planning for being able to prove that one is so engaged.
    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.

  7. #7
    Regular Member ProShooter's Avatar
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    Quote Originally Posted by user View Post
    Quite right. I stand corrected.

    Next step is planning for being able to prove that one is so engaged.
    haha! There's always a catch!
    James Reynolds

    NRA Certified Firearms Instructor - Pistol, Shotgun, Home Firearms Safety, Refuse To Be A Victim
    Concealed Firearms Instructor for Virginia, Florida & Utah permits.
    NRA Certified Chief Range Safety Officer
    Sabre Red Pepper Spray Instructor
    Glock Certified Armorer
    Instructor Bio - http://proactiveshooters.com/about-us/

  8. #8
    Activist Member swinokur's Avatar
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    User, isn't the burden on the state to prove that you were not engaging in the allowed activity?
    Last edited by swinokur; 07-05-2011 at 12:37 PM.

  9. #9
    Regular Member TFred's Avatar
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    Quote Originally Posted by swinokur View Post
    User, isn't the burden on the state to prove that you were not engaging in the allowed activity?
    Remember we're talking about Maryland here...

    TFred

  10. #10
    Regular Member Walt_Kowalski's Avatar
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    Have your friend come to VA, where there are no such restrictions or hassles. Then you can spend $ in a much more free state than MD, and have the sales taxes go to a government that is not a tyrant.
    "The very atmosphere of firearms anywhere and everywhere restrains evil interference - they deserve a place of honor with all that's good"
    -- George Washington

  11. #11
    Activist Member swinokur's Avatar
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    The NRA range in VA is better than any range in the "free" state. why come to this crap hole to shoot.? stay in VA and have your friend come there.

  12. #12
    Activist Member JamesCanby's Avatar
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    Quote Originally Posted by swinokur View Post
    The NRA range in VA is better than any range in the "free" state. why come to this crap hole to shoot.? stay in VA and have your friend come there.
    While I agree that the NRA range is an excellent facility and I go there fairly often myself, sometimes it's just not feasible. My grandkids live on the Eastern Shore and I meet them "halfway" at the On Target range in Severn.

    When I'm going into the PRoMD, I unload, encase and lock the firearms and place them in the back of the SUV until I get to the range. As long as I am headed in that direction and the GPS navigator is indicating the range address, I think it would be very difficult for a LEO or prosecutor to prove that I was violating that subsection of the law.

  13. #13
    Activist Member swinokur's Avatar
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    agreed.

    I've shot at On Target many times.
    Last edited by swinokur; 07-05-2011 at 02:29 PM.

  14. #14
    Accomplished Advocate user's Avatar
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    Quote Originally Posted by swinokur View Post
    User, isn't the burden on the state to prove that you were not engaging in the allowed activity?
    Maryland courts seem to take the position that the presence of any handgun in the vehicle is prima facie evidence of the crime, thus providing probable cause for an arrest and prosecution - the exemptions are considered "affirmative defenses" which the defendant has to present. The burden of proof as to the basic offense is still on the state, but all they have to say is, "The defendant had the firearm in the car." Then it's up to the defendant to say, "Firearms Owners Protection Act", or "Membership in bona fide shooting club" or some such thing. Point is, you can be arrested, held in jail, and tried for the crime, even though the statute says otherwise. It is "The Free State", after all.
    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.

  15. #15
    Accomplished Advocate user's Avatar
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    Quote Originally Posted by Walt_Kowalski View Post
    Have your friend come to VA, where there are no such restrictions or hassles. Then you can spend $ in a much more free state than MD, and have the sales taxes go to a government that is not a tyrant.
    To which I respond, "Taco Bueno!!!"
    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.

  16. #16
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    I go to MD regularly. I bought a Pelican case, trimmed the foam for both guns, and cut holes for moon clips. When I cross the bridge, it gets 2 different locks and the keys are hidden outside the truck. They cant search the case without a warrant, and to be honest, if its cased and locked the cops really dont care.

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