Re: Getting thru Maryland???
There is a section in the MD code that allows a firearm to be carried in an "enclosed" holster.
I'll see if I can dig it up, I'm 99% positive I saw it on MD Shooters if anyone feels the urge to go looking before I can reply.
It may take a couple days for me to find it and reply. Between work (quarterly inventory) and taking care of my mother (she slipped and fell last week) my time is pretty tied up.
Re: Getting thru Maryland???
It wasn't as difficult as I thought it would be.
§ 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; 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) 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.
Re: Getting thru Maryland???
I frequently go from S.E. PA down through Delaware and Maryland and around DC on 1-495 to I-66 to head into Southern Virginia. Gun unloaded with ammo in a separate container and both in the trunk. To reload in Virginia I sometimes take exit 57A and stop at the NRA headquarters. I figure no one there will probably go spastic if they see me loading my pistol! :-)
Re: Getting thru Maryland???
Geez, I'm all for states rights, but this is why we need a unified federal law on carry of firearms. After reading five pages of posts, I'm still confused. I have a pick-up and a non-bagger Harley so no trunk in either case. WTF do I need to do to get through MD?!
If in my F-150, do I need to lock my weapon and ammo separately, or can I unload my Glock and place it and any mags in the single lock box I have attached by cable under the rear seat, or do I need a second lock box for the ammo? This seems ridiculous IMHO. And when on my Dyna Super Glide Custom, I have no storage at all. What are my options under MD law?
Re: Getting thru Maryland???
Quote:
Originally Posted by
Gman106
Geez, I'm all for states rights, but this is why we need a unified federal law on carry of firearms. After reading five pages of posts, I'm still confused. I have a pick-up and a non-bagger Harley so no trunk in either case. WTF do I need to do to get through MD?!
If in my F-150, do I need to lock my weapon and ammo separately, or can I unload my Glock and place it and any mags in the single lock box I have attached by cable under the rear seat, or do I need a second lock box for the ammo? This seems ridiculous IMHO. And when on my Dyna Super Glide Custom, I have no storage at all. What are my options under MD law?
Simple drive from md to a range in pa as per md law. Done over with. When you go back drive to a range in pa and then go directly home.
A federal law is unconstitutional. We don't want he feds legislating gun laws because they are illegal and they would eventually use the illegal law you like today to force an illegal law you don't like tomorrow
Re: Getting thru Maryland???
Quote:
Originally Posted by
exceltoexcel
Simple drive from md to a range in pa as per md law. Done over with. When you go back drive to a range in pa and then go directly home.
A federal law is unconstitutional. We don't want he feds legislating gun laws because they are illegal and they would eventually use the illegal law you like today to force an illegal law you don't like tomorrow
Aside from the Federal law, what MD law would protect an out-of-state person from driving thru MD with a firearm as he was asking?
It's unfortunate at this time, but the Federal law is the only thing between you and and the graybar hotel.
http://www.law.cornell.edu/uscode/text/18/926A
In a pickup, I believe you could place the locked container on the floor at the very back of the cab. If you are unsure, call the MD State Police and ask them to verify this.
Re: Getting thru Maryland???
Quote:
Originally Posted by
Boots_DE
Aside from the Federal law, what MD law would protect an out-of-state person from driving thru MD with a firearm as he was asking?
It's unfortunate at this time, but the Federal law is the only thing between you and and the graybar hotel.
http://www.law.cornell.edu/uscode/text/18/926A
In a pickup, I believe you could place the locked container on the floor at the very back of the cab. If you are unsure, call the MD State Police and ask them to verify this.
Two locked containers unloaded it ain't rocket science. The no storage is rediculous buy two small bags and get two locks for them. They don't have to be master locks just locks put them wherever you can on the bike. Make something to secure them to.
Re: Getting thru Maryland???
Quote:
Originally Posted by
Boots_DE
Aside from the Federal law, what MD law would protect an out-of-state person from driving thru MD with a firearm as he was asking?
It's unfortunate at this time, but the Federal law is the only thing between you and and the graybar hotel.
http://www.law.cornell.edu/uscode/text/18/926A
In a pickup, I believe you could place the locked container on the floor at the very back of the cab. If you are unsure, call the MD State Police and ask them to verify this.
Maryland 4-203.
http://law.justia.com/codes/maryland...gcr/4-203.html
Nothing there saying that legal transport is limited to Maryland residents, just "a person".
Which makes your second statement completely untrue. While Maryland might not be PA, it sure as hell
isn't NJ either. ;)
.
Re: Getting thru Maryland???
Quote:
Originally Posted by
Curmudgeon
Maryland 4-203.
http://law.justia.com/codes/maryland...gcr/4-203.html
Nothing there saying that legal transport is limited to Maryland residents, just "a person".
Which makes your second statement completely untrue. While Maryland might not be PA, it sure as hell
isn't NJ either. ;)
.
Quote:
§ 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;
Perhaps I missed it, but where in subsection (b) does MD allow an out-of-state traveler to legally pass thru MD transporting a firearm?
As far as I can tell, the answer to the OP's original question is the Federal FOPA, not anything I've seen in MD law... unless you can point out something I may have missed, of course.
Re: Getting thru Maryland???
Quote:
Originally Posted by
Boots_DE
Perhaps I missed it, but where in subsection (b) does MD allow an out-of-state traveler to legally pass thru MD transporting a firearm?
As far as I can tell, the answer to the OP's original question is the Federal FOPA, not anything I've seen in MD law... unless you can point out something I may have missed, of course.
You know as well as I do that laws are not written to allow behaviors but to prohibit them. Md 4-203, if it was intended to apply only to MD residents, would stipulate such, either under "Prohibited" or under "Exceptions". It does neither. It only references "a person" without any consideration for residency. Know why? Perhaps because it doesn't matter?
You don't have to be a resident of PA to be able to legally open-carry here, and there is no law stating such, one way or the other.
Don't you, as a DE resident, consider yourself "a person" when in Maryland? I know I do.
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