Transport through Md.

[chesire17201]

K, I can't find it.....

Whenever you go through Md. (no stops) do you have to unload the magazine? I seem to recall that Md. considers the gun loaded even though it's just the mag and it isn't in the gun.

[imperialism2024]

That's what I've heard...

But on the other hand, using that standard, a state could pass a law saying that a gun is loaded if there is any ammunition within, say, 1000 feet of the gun, in order to void the FOPA.

I think the more important question is... in Maryland, are the trunk and locked compartments considered "off limits" for non-consensual searches during routine traffic stops?

[chesire17201]

found my answer here at OCDO

http://opencarry.mywowbb.com/forum28/2463.html

I knew i had seen it somwhere, but apparently It is LEGAL to keep you mags loaded, as long as you do the standard separte from gun and whatnot......

[1861]

yep , I have to go through about 3 miles of MD. now and then . I lock pistols in one box , mags. in another and stick them in back of VAN . I never stop or spend money in MD.

[gnbrotz]

I'm one who has specifically "warned" people to unload their mags. I had read this on another forum (I think), but later, I was unable to independently find this mentioned anywhere in statute.

Someone else told me that apparently there is some such requirement somewhere in the MD hunting regulations. I have not attempted to find this language myself.

[ScaredOnce]

I mentioned the below in a few other threads:

\But on the topic of finding out info... When I first started traveling a lot, a while back, I would call the local State Trooper's (or equivalent) of the first juristiction I'd drive through. That way, I could ask all of the pertinent questions: Where can/can't I carry? Are there any city-specific laws in your state? Duty to inform? If my permits aren't good there, how would a common traffic cop like to see my weapon stored? (Usually the answer was "as disasembled as reasonably possible - field stripped). This way, I felt like I was doing my duty to understand another state's rules and I knew what to expect if pulled over.

I have called the MD Troopers for this very reason. I was told that in MD, a loaded magazine will be treated as a loaded firearm. To disassemble both "as much as I could" and store them "as far apart as possible in different containers".

[gnbrotz]

I mentioned the below in a few other threads:

\But on the topic of finding out info... When I first started traveling a lot, a while back, I would call the local State Trooper's (or equivalent) of the first juristiction I'd drive through. That way, I could ask all of the pertinent questions: Where can/can't I carry? Are there any city-specific laws in your state? Duty to inform? If my permits aren't good there, how would a common traffic cop like to see my weapon stored? (Usually the answer was "as disasembled as reasonably possible - field stripped). This way, I felt like I was doing my duty to understand another state's rules and I knew what to expect if pulled over.

I have called the MD Troopers for this very reason. I was told that in MD, a loaded magazine will be treated as a loaded firearm. To disassemble both "as much as I could" and store them "as far apart as possible in different containers".

Good to know, though it's also equally important to note that a LEO is not necessarily a reliable source for legal advice. If I were to use this approach, I would ask for specific citations of statute, so I could also independently verify what I was told.

[ScaredOnce]

Good to know, though it's also equally important to note that a LEO is not necessarily a reliable source for legal advice. If I were to use this approach, I would ask for specific citations of statute, so I could also independently verify what I was told.

I agree with you completely that the LEOs I've posed these questions to aren't the #1 source of info on the law (i think i sent something like that in the rep to you, but it's good to point it out here too.). But, I'm trying to avoid even needing to get into the legal debate altogether. I can research the law on my own via the internet or my attorney drinkin buddies. But, what I really want to know is: "How will the LEO who may potentially pull me over in MD on I-70 act/react to me having a firearm? What has he been told/trained to do? What is the best way to leave with or without a speeding ticket, but assuredly without any hassle over the firearm?"

Just trying my best to avoid trouble altogether...

[gnbrotz]

I agree with you completely that the LEOs I've posed these questions to aren't the #1 source of info on the law (i think i sent something like that in the rep to you, but it's good to point it out here too.). But, I'm trying to avoid even needing to get into the legal debate altogether. I can research the law on my own via the internet or my attorney drinkin buddies. But, what I really want to know is: "How will the LEO who may potentially pull me over in MD on I-70 act/react to me having a firearm? What has he been told/trained to do? What is the best way to leave with or without a speeding ticket, but assuredly without any hassle over the firearm?"

Just trying my best to avoid trouble altogether...

Understood, and absolutely agree.

In regards to the bold portion above, "I do not consent to a search" would probably do the trick. Also, I don't believe there is any requirement to notify an officer of the presence of a firearm in MD.

[ShawnB]

Unfortunately I am a MD resident. (hopefully not forever though)

Maryland has some stupid laws but the transporting laws arent that bad as the leo's say they are.

The law states that the handgun or regulated firearm (AR-15 AK-47 ) has to be unloaded and in an enclosed case holster.

Rifles and shotguns arent mentioned in the law.

That is it.

However, the state police and local police all have different ideas of what unloaded means.

I actually called the firearms liscensing divsion and got a very confusing answer.


Edit in reply to above. I always print out the transport law to show the officer if I get pulled over and he happens to see the gun case in the back of the SUV.

He might not care about the law that you have printed but I feel like that is the best bet.

But none of that really matters when you are traveling between two states.

The federal laws apply.

http://www.law.cornell.edu/uscode/se...6---A000-.html

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.

Basically you have to have the firearm unloaded in the trunk or with a vechicle without a trunk like a SUV you have to have it unloaded in a locked container.