Getting thru Maryland???

[whoshisface]

Please cite this fantastic law for us...

You can legally do what you stated, I do it all the time. I live in southern PA and own a rental property in WV. I travel through MD all the time and do just as you describe, except I dont seperate the ammo from the firearm. I place the unloaded firearm and ammo in the trunk. If Im driving my Jeep Wrangler or motorcycle (no trunk) I unload the firearm and lock it in a gun box and just lay the box on the passenger seat or in the tank bag.
Soberbyker, technically, the information you quoted is not intirely accurate. According to the actual law, if you are in or on a vehicle with no seperate compartment you could carry the firearm on your person as long as the ammo is locked in a box. That being said, I wouldnt suggest driving or riding through MD with a firearm strapped on your side, its just asking for trouble and doesnt accomplish anything with the ammo locked away.

That section of 81 through MD is actually 12 miles long.

[whoshisface]

Let me help everyone out here.

Everyone says some fantasic little twist to the law. Lets be practical for 15 seconds.

Unload the firearms, detach the mags, unload the mags,

Guns in a seperate locked container in the trunk or closest thing you have to one, covered hidden not easily accessable. Ammo other locked container, covered hidden not easily accessable.

Dont tell anyone you got guns, drive through md nicely, move on with life.

dont want to do this, well good luck to you..

Ive driven through md many a time like above.. The key is not getting pulled over or in an accident or stopping..

[twency]

Please cite this fantastic law for us...

FOPA is codified as 18 USC § 926A - INTERSTATE TRANSPORTATION OF FIREARMS. It's already been quoted in this thread. What part of what ray h said are you disagreeing with?

[whoshisface]

FOPA is codified as 18 USC § 926A - INTERSTATE TRANSPORTATION OF FIREARMS. It's already been quoted in this thread. What part of what ray h said are you disagreeing with?

This is the part that I;m lost on..

According to the actual law, if you are in or on a vehicle with no seperate compartment you could carry the firearm on your person

If that was the case ( and i actually thought I could get away without spending weeks next to bubba) i would buy a motorcycle (go get a licence to drive a motorcycle) with no storage or just remove all storage areas from a junker and drive with my gun on hip through MD to VA just for fun..

[soberbyker]

You place your unloaded firearm or the ammunition in a locked container unless you have a compartment on your bike that is not readily or directly accessible from the passenger compartment. I dont know if saddlebags would be considered "readily or directly accessible" from the passenger compartment but if they are, you must keep both the unloaded firearm and ammo in there.
An example, when I ride through and have my tail trunk mounted on the bike, I just lock the pistol and ammo in that. If I dont have my tail trunk, I carry a small, lockable gun case and I unload the pistol and lock it in the gun case in my tank bag.
Oddly enough, conceivably, you could legally carry the firearm, openly on your hip as long as it is unloaded and the ammo is locked away if you do not have a readily or directly accessible compartment on your bike, just dont dismount the motorcycle. I wouldnt personally do this but the way the law is worded, it would be legal I believe.

You can legally do what you stated, I do it all the time. I live in southern PA and own a rental property in WV. I travel through MD all the time and do just as you describe, except I dont seperate the ammo from the firearm. I place the unloaded firearm and ammo in the trunk. If Im driving my Jeep Wrangler or motorcycle (no trunk) I unload the firearm and lock it in a gun box and just lay the box on the passenger seat or in the tank bag.
Soberbyker, technically, the information you quoted is not intirely accurate. According to the actual law, if you are in or on a vehicle with no seperate compartment you could carry the firearm on your person as long as the ammo is locked in a box.

FOPA is codified as 18 USC § 926A - That being said, I wouldnt suggest driving or riding through MD with a firearm strapped on your side, its just asking for trouble and doesnt accomplish anything with the ammo locked away.

That section of 81 through MD is actually 12 miles long.INTERSTATE TRANSPORTATION OF FIREARMS. It's already been quoted in this thread. What part of what ray h said are you disagreeing with?

I don't know what excel was referring too but the parts I bolded made an eyebrow raise.

ETA, I see excel posted before I did and answered it
.

[tl_3237]

18 USC 926A states in part:

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 believe that this is what ray h is relying.

In general the use of the disjunctive 'or' entails that only one of the alternative clauses so disjoined need be satisfied to be in compliance. Using that presumption, if the ammo is appropriately locked then the firearm can be anywhere, including on-person, provided it is unloaded.

However, though a thought provoking issue, I would not suggest that anyone rely on that direction of thinking to presume FOPA protection when either the firearm or ammo is not in a locked container . It's obvious with the earlier part of 926A uses the phrase:

neither the firearm nor any ammunition

that the imputed intent to secure BOTH firearm and ammo can be surmised and that there was no desire to lessen the restrictions to one or the other for vehicles such as motorcycles.

It should be further cautioned that SCOTUS has demonstrated a methodology in construing statutory text as described in a report by the Congressional Research Service:

And/or.
Similar principles govern use of the words “and” and “or.” Ordinarily, as in
everyday English, use of the conjunctive “and” in a list means that all of the listed requirements must be satisfied,33 while use of the disjunctive “or” means that only one of the listed requirements need be satisfied.34 Courts do not apply these meanings “inexorably,” however; if a “strict grammatical construction” will frustrate evident legislative intent, a court may read “and” as “or,” or “or” as “and.”35 Moreover, statutory context can render the distinction secondary.36

[ray h]

18 USC 926A states in part:



I believe that this is what ray h is relying.

In general the use of the disjunctive 'or' entails that only one of the alternative clauses so disjoined need be satisfied to be in compliance. Using that presumption, if the ammo is appropriately locked then the firearm can be anywhere, including on-person, provided it is unloaded.

Bingo.
The law says "OR".
Again, I agree that not locking up the firearm is asking for trouble and I wouldnt suggest anyone ride or drive through MD or any other communist state with a firearm openly displayed on their person, but according to the law, it may be legal to do so if you didnt have a compartment seperate from the passenger compartment.

[VinDyl]

The reason I posted this was to find out if I am on my motorcycle that has no bags on it and I will not wear a back pack. What do I do when crossing over MD.

[ray h]

The reason I posted this was to find out if I am on my motorcycle that has no bags on it and I will not wear a back pack. What do I do when crossing over MD.

To be legal you must place either the ammo or the firearm (unloaded) in a locked container. PERIOD. I would suggest locking up the firearm.
I use something like this with a pad lock on it. I put it in my tank bag. If I didnt have a tank bag Im not sure what I would do with it, you'll have to figure that out. My case is just big enough for a J frame or LCP.


The helmet lock is another option but I dont suggest that because it requires that you remove the ignition key to unlock the gun.

Im joking people, dont have a cow.

[Jmluck66]

This is bad advice.
The law says "firearm or ammunition shall be contained in a locked container other than the glove compartment or console".
Do not put it in the glovebox.

Hey I agree 100 percent. Definitely look at the laws and follow them. Not worth losing your rights over. Just did not want driver to take a chance and decide not to unload gun.