Maryland police took my friend's handgun. Can he get it back?

**IronButt** · July 18th, 2016, 09:40 AM

It's an XD ferchristsakes! Tell him to have Mommy & Daddy buy him another one & quit being a douche about it.

**tl_3237** · July 18th, 2016, 03:31 PM

Originally Posted by clarencecoffee

If the gun was unloaded an "snapped in a holster" it would have been legal because he was going from a place of business to his home.

That said, in reading the law, looks like he could get the gun back and as soon as he got in his car with it they could immediately arrest him and make it stick as he would not come under any exemptions. ( going to target practice, place of business, gun show or gun smith)

Originally Posted by TaePo

Are you reading the PA statutes and applying to MD?? Or does MD have a similar law? FOPA only applies if it is lawful to possess at origin and destination. Further, having it in reach and /or loaded is not part of the protections either. IANAL

Md. CRIMINAL LAW Code Ann. § 4-203 (2016)

(b) Exceptions. -- This section does not prohibit:

(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;

**vinnyg101** · July 27th, 2016, 04:20 PM

Originally Posted by NathanB

Cheaper to buy a new one than even bother with it.

It depends on what we value. Living in the USA without our 1st, 2nd, 4th, 5th & 7th amendments being violated daily has a lot of value to me. Whatever we let sit today -- will stand tomorrow for our descendants.