Pennsylvania Firearm Owners Association
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  1. #1
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    Default Transportation into MD.?

    My situation is that I am a PA resident and have a PA LTCF. I work in MD at a private engineering firm where the owner is OK with me having a firearm on the property (only mentioned as a result of the another thread where there was a distinction being made between public and private property in the case of a forum member against Home Depot).

    One night a week I shoot with a practice group at the club I belong to in PA. I work late, and have a long distance to travel from work to the range, so I have been placing my handun (unloaded) in its case and in a range bag in my trunk. I then drive from PA to MD for work, and then to the range in PA afterwards where I then retrieve my range gear from the trunk.

    Are there legal issues with this?

    If there is a problem due to stopping (at work) prior to my final destination in the above case being the range in PA; then hypothetically, what if I were to have taken my gear to work to show it to the owner of the company where I work who may be interested in purchasing a handgun from me or just had an interst in seeing a new model?
    Last edited by Broncitis; January 20th, 2010 at 02:39 PM. Reason: Added the hypothetical

  2. #2
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    Default Re: Transportation into MD.?

    MARYLAND
    CARRYING AND TRANSPORTATION IN VEHICLES

    Rifles and shotguns being transported in motor vehicles must be unloaded.

    It is a crime to wear or carry openly any rifle or shotgun with the intent or purpose of unlawfully injuring any person.

    It is unlawful for any person without a permit to wear or carry a handgun, openly or concealed, upon or about his person, or to knowingly transport a handgun in any vehicle traveling on public roads, highways, waterways or airways or upon roads or parking lots generally used by the public. This does not apply to any person wearing, carrying or transporting a handgun within the confines of real estate owned or leased by him, or on which he resided, or within the confines of a business establishment owned or leased by him. [3]

    Federal and Maryland State or local law enforcement officers generally are exempt from the permit requirement. However, sheriffs and their deputies are exempted only while on active assignment engaged in law enforcement and only with respect to handguns which they are duly authorized to wear, carry or transport as part of their official equipment. Law enforcement officers from other states are exempt only while on official business.

    No violation is committed by any person who can demonstrate that the handgun is being carried, worn or transported:

    1. Too or from a place of legal purchase or sale or repair shop.
    2. Between such person's bona fide residences or between his residence and place of business if the business is operated and substantially owned by that person.
    3. While engaged in or traveling to and from a "target shoot, formal or informal target practice, sport shooting event, hunting, trapping or dog obedience training class or show."
    4. By a bona fide gun collector who is "moving any part or all of his gun collection from place to place for public or private exhibition," and while such handguns are actually on exhibition.

    During transportation to and from the above places, the handguns must be unloaded and carried in an enclosed case or enclosed holster. [4]

    An additional penalty is provided for any person convicted of unlawfully wearing, carrying or transporting a handgun, if his deliberate purpose was to injury or kill another person.
    I would say you need a LTCF to continually do so. Since the business isn't owned by you, and since you are not headed directly home, or to/from the range, I don't think you would qualify under the exemptions. I don't think that even though your boss says it's ok, that you can due to the fact that the business is not owned by you.

    I'm not 100% sure, but it sounds to me like you would need your MD LTCF.

    I'm sure someone else can help out a little better...

    IANAL
    Last edited by NikeBauer21; January 20th, 2010 at 02:42 PM.
    III%

  3. #3
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    Default Re: Transportation into MD.?

    or you can tell your boss to help support the bill in MD that will allow out of state permit holders to carry from PA to MD IF they pass the reciprocity agreement.

  4. #4
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    Default Re: Transportation into MD.?

    With regards to the above referenced MD laws, how does federal interstate law apply to my situation vs. MD. law only?

    As a bit if an aside: I also noticed in the above reference it stated that "Federal and Maryland State or local law enforcement officers generally are exempt from the permit requirement. However, sheriffs and their deputies are exempted only while on active assignment engaged in law enforcement and only with respect to handguns which they are duly authorized to wear, carry or transport as part of their official equipment. Law enforcement officers from other states are exempt only while on official business."

    In speaking with a LEO that I shoot with each week, he mentioned about a new (to me at least) law that gives national reciprocity to LEO's. I only point this out due to what appears could be an odd situation for a MD deputy. He may not be within the law to transport a firearm (if he does dont hold a LTCF/permit and because he would presumablly not be covered under the Federal reciprocity since he was within his home state). ), yet a PA. or other LEO could then be exempted due to this new national reciprocity?

    Not really within my scope, but yet just another example of how all this mix of Federal and 50 states laws can create quite a web of misunderstanding and ambiguous interpretation! What a mess!

    Man I hope MD. passes the recoprocity with PA (writting my letter tonight when I get home!) and that the national civilian reciprocity bill comes back up soon!

  5. #5
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    Default Re: Transportation into MD.?

    Quote Originally Posted by Broncitis View Post
    With regards to the above referenced MD laws, how does federal interstate law apply to my situation vs. MD. law only?

    As a bit if an aside: I also noticed in the above reference it stated that "Federal and Maryland State or local law enforcement officers generally are exempt from the permit requirement. However, sheriffs and their deputies are exempted only while on active assignment engaged in law enforcement and only with respect to handguns which they are duly authorized to wear, carry or transport as part of their official equipment. Law enforcement officers from other states are exempt only while on official business."

    In speaking with a LEO that I shoot with each week, he mentioned about a new (to me at least) law that gives national reciprocity to LEO's. I only point this out due to what appears could be an odd situation for a MD deputy. He may not be within the law to transport a firearm (if he does dont hold a LTCF/permit and because he would presumablly not be covered under the Federal reciprocity since he was within his home state). ), yet a PA. or other LEO could then be exempted due to this new national reciprocity?

    Not really within my scope, but yet just another example of how all this mix of Federal and 50 states laws can create quite a web of misunderstanding and ambiguous interpretation! What a mess!

    Man I hope MD. passes the recoprocity with PA (writting my letter tonight when I get home!) and that the national civilian reciprocity bill comes back up soon!
    Federal law on interstate transporting only protects you if your destination state allows the firearm. ...it protects you from the evil states between two good states. Since it isn't legal in MD what you "propose" to do, federal law wouldn't protect you.
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  6. #6
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    Default Re: Transportation into MD.?

    Quote Originally Posted by Broncitis View Post
    With regards to the above referenced MD laws, how does federal interstate law apply to my situation vs. MD. law only?

    As a bit if an aside: I also noticed in the above reference it stated that "Federal and Maryland State or local law enforcement officers generally are exempt from the permit requirement. However, sheriffs and their deputies are exempted only while on active assignment engaged in law enforcement and only with respect to handguns which they are duly authorized to wear, carry or transport as part of their official equipment. Law enforcement officers from other states are exempt only while on official business."

    In speaking with a LEO that I shoot with each week, he mentioned about a new (to me at least) law that gives national reciprocity to LEO's. I only point this out due to what appears could be an odd situation for a MD deputy. He may not be within the law to transport a firearm (if he does dont hold a LTCF/permit and because he would presumablly not be covered under the Federal reciprocity since he was within his home state). ), yet a PA. or other LEO could then be exempted due to this new national reciprocity?

    Not really within my scope, but yet just another example of how all this mix of Federal and 50 states laws can create quite a web of misunderstanding and ambiguous interpretation! What a mess!

    Man I hope MD. passes the recoprocity with PA (writting my letter tonight when I get home!) and that the national civilian reciprocity bill comes back up soon!
    The law your buddy talks about is not new. It's from 2004. Md sheriffs have no issues carrying anymore and can do so under LEOSA, as they have full statutory authority. For most PA deputies, they cannot carry under this.
    Courage is not the absence of fear but the mastery of it

  7. #7
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    Default Re: Transportation into MD.?

    Quote Originally Posted by Broncitis View Post
    With regards to the above referenced MD laws, how does federal interstate law apply to my situation vs. MD. law only?

    As a bit if an aside: I also noticed in the above reference it stated that "Federal and Maryland State or local law enforcement officers generally are exempt from the permit requirement. However, sheriffs and their deputies are exempted only while on active assignment engaged in law enforcement and only with respect to handguns which they are duly authorized to wear, carry or transport as part of their official equipment. Law enforcement officers from other states are exempt only while on official business."

    In speaking with a LEO that I shoot with each week, he mentioned about a new (to me at least) law that gives national reciprocity to LEO's. I only point this out due to what appears could be an odd situation for a MD deputy. He may not be within the law to transport a firearm (if he does dont hold a LTCF/permit and because he would presumablly not be covered under the Federal reciprocity since he was within his home state). ), yet a PA. or other LEO could then be exempted due to this new national reciprocity?

    Not really within my scope, but yet just another example of how all this mix of Federal and 50 states laws can create quite a web of misunderstanding and ambiguous interpretation! What a mess!

    Man I hope MD. passes the recoprocity with PA (writting my letter tonight when I get home!) and that the national civilian reciprocity bill comes back up soon!

    Let's just let bill rot where it is, dead.............

  8. #8
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    Default Re: Transportation into MD.?

    Quote Originally Posted by fingers80002 View Post
    Let's just let bill rot where it is, dead.............
    DAMN!, I must have stumbled onto yet another Nooby trap!

    What is a bad thing about having my PA LTCF honored in all states similar to my PA DL?

    There must be something else lurking in the previous bill I was not aware of?

  9. #9
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    Default Re: Transportation into MD.?

    Quote Originally Posted by Broncitis View Post
    DAMN!, I must have stumbled onto yet another Nooby trap!

    What is a bad thing about having my PA LTCF honored in all states similar to my PA DL?

    There must be something else lurking in the previous bill I was not aware of?
    Because a Fed law allowing will lead to the .gov setting requirements for issuance...

  10. #10
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    Default Re: Transportation into MD.?

    Quote Originally Posted by Broncitis View Post
    DAMN!, I must have stumbled onto yet another Nooby trap!

    What is a bad thing about having my PA LTCF honored in all states similar to my PA DL?

    There must be something else lurking in the previous bill I was not aware of?
    There are some of us who recognize that overall, the laws in PA are pretty gun friendly, and we continue to make slow but sure progress making them even better. For those of us in a "good" state, we see involvement at the federal level as an almost definite way to turn things back drastically and quickly, and we'd prefer to just leave things the way they are.
    Get your "Guns Save Lives" stickers today! PM for more info.

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