Motorcycle and firearm question

[xd40_jim]

Been thinking a lot lately about taking a trip on my bike down to Va Beach, VA to see my son. I know that PA and VA have reciprocity and I know I can carry in both places. My question is, what should I do about passing through MD? I know in a car, I would just stop, unload and lock it in the trunk for the duration of travel through MD, but kind of limited with space and "separate compartments" on a motorcycle. Would pistol broken down in a backpack and ammo in the storage compartment under the rear passenger seat be OK, or should I just skip bringing it all together?

[gnbrotz]

Been thinking a lot lately about taking a trip on my bike down to Va Beach, VA to see my son. I know that PA and VA have reciprocity and I know I can carry in both places. My question is, what should I do about passing through MD? I know in a car, I would just stop, unload and lock it in the trunk for the duration of travel through MD, but kind of limited with space and "separate compartments" on a motorcycle. Would pistol broken down in a backpack and ammo in the storage compartment under the rear passenger seat be OK, or should I just skip bringing it all together?

By me reading, it seems that the law requires one or the other be in a locked container when there is no compartment "separate from the driver's compartment."

IMO, both could be in the backpack, so long as one or the other is locked up. Wouldn't hurt to have two locking containers if you can. Emphasis below added by me.

§ 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.

[xd40_jim]

By me reading, it seems that the law requires one or the other be in a locked container when there is no compartment "separate from the driver's compartment."

IMO, both could be in the backpack, so long as one or the other is locked up. Wouldn't hurt to have two locking containers if you can. Emphasis below added by me.

I was wondering about that, my back pack has 3 separate compartments in it. I guess bringing my pistol case and locking it in a different compartment would suffice.

Thanks for the info Greg.

[zackattack784]

I was wondering about that, my back pack has 3 separate compartments in it. I guess bringing my pistol case and locking it in a different compartment would suffice.

Thanks for the info Greg.

I would just keep moving and get out of MD without any stops. If pulled over, certainly don't inform.

[ray h]

Im a rider as well and I do alot of travelling through MD. I have a trunk on my bike that I can lock the pistol in, which makes it easy for me. I've considered what I would do if I was without the trunk and Ive read the laws. While it doesnt exactly adhere to the strick wording of the law, I think a trigger lock on the firearm and the firearm and ammo seperated in different compartments does adhere to the intent of the law.

What a strange law.
According to the wording you could travel through MD with the pistol in your pocket or even OC on your hip as long as the ammo was locked in a container.
Just try that and see where it lands you.

[xd40_jim]

Im a rider as well and I do alot of travelling through MD. I have a trunk on my bike that I can lock the pistol in, which makes it easy for me. I've considered what I would do if I was without the trunk and Ive read the laws. While it doesnt exactly adhere to the strick wording of the law, I think a trigger lock on the firearm and the firearm and ammo seperated in different compartments does adhere to the intent of the law.

What a strange law.
According to the wording you could travel through MD with the pistol in your pocket or even OC on your hip as long as the ammo was locked in a container.
Just try that and see where it lands you.

I have a trunk on my bike too, but the lock for the trunk is broken off. The rear seat closes, and has a lever to release the seat, but no lock. That's why I was thinking about the backpack. I usually travel RT 13 through Delaware and MD, so it will be a little bit that I have to travel through MD.

[gnbrotz]

Im a rider as well and I do alot of travelling through MD. I have a trunk on my bike that I can lock the pistol in, which makes it easy for me. I've considered what I would do if I was without the trunk and Ive read the laws. While it doesnt exactly adhere to the strick wording of the law, I think a trigger lock on the firearm and the firearm and ammo seperated in different compartments does adhere to the intent of the law.

What a strange law.
According to the wording you could travel through MD with the pistol in your pocket or even OC on your hip as long as the ammo was locked in a container.
Just try that and see where it lands you.

It sure would suck to have a prohibiting conviction and lose your gun rights permanently based on a failed "spirit of the law" defense. The law is very clear on this point, and compliance is fairly simple and inexpensive. Why take such a big risk?

A trigger lock is clearly not a "locked container."

[ray h]

It sure would suck to have a felony conviction and lose your gun rights permanently based on a failed "spirit of the law" defense. The law is very clear on this point, and compliance is fairly simple and inexpensive. Why take such a big risk?

A trigger lock is clearly not a "locked container."

Agreed, I just offered it up for discussion, I never said I did it, I just offered up what I think. The law has been well established in this thread, I dont feel as though I was leading anyone astray or attempting to lead anyone to break the law. The discussion of trigger locks is valid when discussing locked firearms although I understand that it is not by the letter of the law in the context of this thread. You obviously have the right to sensor my post just as I have the right to disagree with your sensorship.
I challenge you to reread my post and find the part that states I have broken a law or have encouraged others to break the law.

[ray h]

It sure would suck to have a felony conviction and lose your gun rights permanently based on a failed "spirit of the law" defense. The law is very clear on this point, and compliance is fairly simple and inexpensive. Why take such a big risk?

A trigger lock is clearly not a "locked container."

BTW, its not a felony.

[gnbrotz]

BTW, its not a felony.

I have been unable to find any reliable information on the federal grading of a FOPA violation. I have modified my earlier post to read "prohibiting conviction". AFAIK, federal charges aside, a FOPA violation would also be subject to state charges that are often a felony, and in the case of PA, still prohibiting as an M1.