Getting thru Maryland???

[franklinman]

OK, I've seen several threads here regarding gun laws, transportation of guns, etc. in the People's Republic of MD. I haven't seen anything regarding my particular scenario. If I've missed it I apologize. My situation is this; I live in So. Cent. PA and will be traveling to Tennessee via Rt. 81 So. My PA LTCF is good in Tennessee, Virgina, and W. Virginia...BUT I still have that short stretch of Rt. 81 through MD. Can I just stop at the last exit in PA, unload and lock my gun and ammo in the trunk (in separate containers), drive through MD and stop at the first exit in WVA and reverse everything? I really don't want to think about going far enough west to get into WVA, then come back east to catch 81 to go south again. What's my position, legally that is?

[soberbyker]

Can I just stop at the last exit in PA, unload and lock my gun and ammo in the trunk (in separate containers), drive through MD and stop at the first exit in WVA and reverse everything?

Short answer, yes.

http://www.nraila.org/gunlaws/federal/read.aspx?id=60

Transporting Firearms During Travel

A provision of federal law serves as a defense to state or local laws which would prohibit the passage of persons with firearms in interstate travel.

Notwithstanding any state or local law, a person shall be entitled to transport a firearm from any place where he may lawfully possess and transport such firearm to any other place where he may lawfully possess and transport such firearm if the firearm is unloaded and in the trunk. In vehicles without a trunk, the unloaded firearm shall be in a locked container other than the glove compartment or console.

Federal law prohibits the carrying of any firearm, concealed or unconcealed, on or about the person or in carry-on baggage while aboard an aircraft.The Transportation Security Administration(TSA) has established certain requirements for transporting firearms and ammunition. Firearms must be carried in a locked hard sided case. Ammunition must be declared and can be transported in checked baggage or in the same container as the firearm as long the firearm is unloaded.

Any passenger who owns or legally possesses a firearm being transported aboard any common or contract carrier for movement with the passenger in interstate or foreign commerce must deliver the unloaded firearm into custody of the pilot, captain, conductor, or operator of such common or contract carrier for the duration of the trip.

[QuackXP]

OK, I've seen several threads here regarding gun laws, transportation of guns, etc. in the People's Republic of MD. I haven't seen anything regarding my particular scenario. If I've missed it I apologize. My situation is this; I live in So. Cent. PA and will be traveling to Tennessee via Rt. 81 So. My PA LTCF is good in Tennessee, Virgina, and W. Virginia...BUT I still have that short stretch of Rt. 81 through MD. Can I just stop at the last exit in PA, unload and lock my gun and ammo in the trunk (in separate containers), drive through MD and stop at the first exit in WVA and reverse everything? I really don't want to think about going far enough west to get into WVA, then come back east to catch 81 to go south again. What's my position, legally that is?

YES. The Firearms Owners Protection Act. Will allow you to transport through any state as you described so long as your legal to posses in both your origin and destination.

I highly suggest you drive straight through, don't stop for anything.

[mrjam2jab]

OK, I've seen several threads here regarding gun laws, transportation of guns, etc. in the People's Republic of MD. I haven't seen anything regarding my particular scenario. If I've missed it I apologize. My situation is this; I live in So. Cent. PA and will be traveling to Tennessee via Rt. 81 So. My PA LTCF is good in Tennessee, Virgina, and W. Virginia...BUT I still have that short stretch of Rt. 81 through MD. Can I just stop at the last exit in PA, unload and lock my gun and ammo in the trunk (in separate containers), drive through MD and stop at the first exit in WVA and reverse everything? I really don't want to think about going far enough west to get into WVA, then come back east to catch 81 to go south again. What's my position, legally that is?

Separate containers not technically necessary.

§ 926A. Interstate transportation of firearms

Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, 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.

[RandomTask]

That one section of MD is only 1 mile long, so I'll be in WVA before they even get a chance to flash their lights.

[franklinman]

It's a little longer than just a mile, but I do get your point... And I don't intend to stop anywhere in MD, let alone spend any of my money there if I can help it. Thanks very much everyone. I think I'll go ahead and print out the sections of the law referenced here just in case, along with the print out of the PA receiprocity listing from the state's website. Might not help but it can't hurt if the worst happens.

[howard stiffy]

IIRC, mags must be empty to be considered 'unloaded'.

[WVneighbor]

IIRC, mags must be empty to be considered 'unloaded'.

You do not remember correctly. What you are recalling is an internet myth. There was a case, in Baltimore, where 2 PA residents were driving with both a pistol and a loaded magazine within arms reach (center console I think). They were stopped, arrested, and charged. The judge surmised that the since the pistol AND magazine were readily available, the gun was loaded. The pistol needs to be unloaded and either the magazine or the pistol need to be in a locked container.

Regarding the necessity to have the firearm locked: See post #4

" Provided, 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."

However, IMO, if you are stopped, it would be better to have the firearm locked up rather than the ammo/magazines.

To the OP:

I live in Martinsburg and my father lives outside of Waynesboro in Rouzerville. I go up to his house several times a month. My standard procedure is this:

Traveling north on I-81:

Take Exit 23 (Marlowe / Falling Waters), turn left at the end of the ramp, then immediately right into the park-n-ride. Disarm, unload & secure. In the day time the lot has maybe 20 vehicles, in the night it is lit, although not extremely well. This is the LAST exit before you enter MD. Disarming & securing a handgun along the side of a busy interstate highway is, imo, not worth the risk when there is a perfectly good place to do it.

If you turn left and continue north on Route 11, you will find a Texaco on the right, then a 7-11 on the left. Both are lit well after dark, but both tend to be busy, not that most West Virginians would bat an eye, but I'd rather disarm in a place devoid of people.

Rearming: Do it at the first PA rest stop. It is simply the easiest, most well lit place to do so without running the risk of accidentally getting dumped back into MD for 1/2 mile or so. Just keep on trucking until you hit the rest stop.

Traveling south on I-81: The best, most well lit and "secure" place I've found is in front of the truck stop at Exit 5 (Old exit 3). It is well lit, but there tends to be a fair bit of traffic. There is also a McDonalds, Arbys, and two gas stations that might provide a bit of solitude while you disarm. Again, I'd rather not pull off to the side of a busy interstate to disarm, too many people driving too fast for me to be sitting there trying to unload & properly secure my firearm.

Reloading in WV: The rest area is near the top of the hill just after you cross the Potomac. Typically it is well lit, and if you go to the far end of the parking lot, there is usually not a many people around. This is the first and most convenient place to stop and begin exercising the right endowed to us by our Creator.

Follow the speed limit as soon as you cross the border, even the ridiculous 60 mph zone near the mall, and you should be fine.

Good luck on your trip.

[donm]

IIRC, mags must be empty to be considered 'unloaded'.

That would be Ohio.

[RandomTask]

It's a little longer than just a mile, but I do get your point...

True; the section at Hancock, MD is about 1.5 miles wide.