Pennsylvania Firearm Owners Association
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  1. #21
    Join Date
    Dec 2010
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    Erie, Pennsylvania
    (Erie County)
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    Default Re: Assault wpn through MD, FOPA?

    Quote Originally Posted by mrat View Post
    Are defensive weapons assault weapons?

    Yes.
    Quote Originally Posted by Aggies Coach View Post
    Cause white people are awesome. Happy now......LOL.

  2. #22
    Join Date
    May 2007
    Location
    Chambersburg, Pennsylvania
    (Franklin County)
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    Default Re: Assault wpn through MD, FOPA?

    Quote Originally Posted by ett View Post
    Hence the "any other place" implies that the origin and destination can not be the same state.
    I disagree. The wording of statutes is very important, both in regards to intent and application. If the statute said "any other state", then I would agree with you. I believe "Place" is a much smaller area, and could hypothetically even apply to a trip to your next-door neighbor's house, so long as you dipped from one state into another, and then back.

    I live very near the PA/MD border, and my extreme example is actually very plausible in several areas I'm aware of, and there are also many property owners who's parcel spans both states. Some have an address in one state, but pay property taxes in the other, based on how much of the parcel lies in each state. There is LOTS of room for ambiguity and unique situations in areas adjacent to state borders.
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  3. #23
    Join Date
    Oct 2020
    Location
    Marple, Pennsylvania
    (Delaware County)
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    Default Re: Assault wpn through MD, FOPA?

    Quote Originally Posted by gnbrotz View Post
    I disagree. The wording of statutes is very important, both in regards to intent and application. If the statute said "any other state", then I would agree with you. I believe "Place" is a much smaller area, and could hypothetically even apply to a trip to your next-door neighbor's house, so long as you dipped from one state into another, and then back.

    I live very near the PA/MD border, and my extreme example is actually very plausible in several areas I'm aware of, and there are also many property owners who's parcel spans both states. Some have an address in one state, but pay property taxes in the other, based on how much of the parcel lies in each state. There is LOTS of room for ambiguity and unique situations in areas adjacent to state borders.
    So the scenario posed in the OP, dipping into MD and then back into PA with no other legal means to access the property to go shooting, is covered and would be legal under FOPA?

  4. #24
    Join Date
    May 2007
    Location
    Chambersburg, Pennsylvania
    (Franklin County)
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    Default Re: Assault wpn through MD, FOPA?

    Quote Originally Posted by M404 View Post
    So the scenario posed in the OP, dipping into MD and then back into PA with no other legal means to access the property to go shooting, is covered and would be legal under FOPA?
    IMO, yes. Also, IMO, the "no other legal means" part isn't relevant to the legal question. There could be 27 ways to do it without leaving PA, and 1 way that enters/exits MD and the protection would still apply if that was the chosen route.
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  5. #25
    Join Date
    Oct 2020
    Location
    Marple, Pennsylvania
    (Delaware County)
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    Default Re: Assault wpn through MD, FOPA?

    Quote Originally Posted by gnbrotz View Post
    IMO, yes. Also, IMO, the "no other legal means" part isn't relevant to the legal question. There could be 27 ways to do it without leaving PA, and 1 way that enters/exits MD and the protection would still apply if that was the chosen route.
    Good to know. Thanks.

  6. #26
    Join Date
    Jun 2013
    Location
    Pittsburgh
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    Default Re: Assault wpn through MD, FOPA?

    I realize the OP was focused on FOPA, but it's worth noting that not all ARs are banned in the PRMD. Specifically HBAR ARs are excluded from the ban list unless included specifically by model or manufacturer. I don't believe that a Colt 6920 is specifically banned but I'm also pretty sure it's not readily considered an HBAR. I've seen discussions online regarding the HBAR question. So. in fact, specific HBARs are legal in MD. It would be a good idea to prepare any proof and documentation in advance of needing it, and keep it current and with your firearms. Of course there are MD laws about transporting non banned firearms to understand. Odds of the random LEO at your car window knowing all the nuances of MD firearms laws are also kind of low so you could end up telling it to the judge.

    I am NOT offering advice or legal insights just noting that there are several ways to look at this problem.

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