Transportation of Handguns through Maryland

This is a discussion on Transportation of Handguns through Maryland within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Here's the hypothetical scenario: As a CCW permit holder and resident of Ohio, I plan to travel through Virginia, Maryland, and Delaware. Virginia and Delaware ...

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Thread: Transportation of Handguns through Maryland

  1. #1
    Member Array Skidboot's Avatar
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    Transportation of Handguns through Maryland

    Here's the hypothetical scenario:

    As a CCW permit holder and resident of Ohio, I plan to travel through Virginia, Maryland, and Delaware. Virginia and Delaware are not problems, but as I read the Maryland statutes, even the transportation of a handgun in a motor vehicle is unlawful. There are certain exceptions, but most of them apply to Maryland residents, and none of them would apply to me. In fact, reading these statutes in their most literal sense, it seems impossible to transport a handgun from VA to DE without going AROUND MD. Additionally, even flying over the state with a rocket pack mounted on my back (I have not invented this yet) would be prohibited.

    Am I missing anything here? I don't think so, but I thought I'd ask. If I'm right, this place makes Illinois seem gun-friendly.

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    Distinguished Member Array ericb327's Avatar
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    Federal Law!
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    From Handgunlaw.us . You can not stop in the state, your travel must be straight through. Best advise is gas up before entering the state and don't stop unless it is an emergency.

    Federal Law on Interstate Transportation of Firearms
    Code of Federal Regulations
    Title 18 - Part I - Chapter 44 - § 926a
    § 926A. Interstate Transportation of Firearms
    Release date: 2005-08-03
    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. 18 USC § 926A - Interstate transportation of firearms | LII / Legal Information Institute
    Actually you can by-pass MD. However it would be a lot longer, both miles and time, wise.
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    Ex Member Array apvbguy's Avatar
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    there is no need to by pass MD just follow the protocols outlined in the fopa laws and you'll be just fine just remember to keep your stops for food/fuel to a minimum, even better if you do not stop and be sure that through means through.

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    Senior Member Array tubadude's Avatar
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    Just lock up your guns and keep the ammo separate. Don't stop in Maryland!

    I do this every time I travel between my home in PA and school in WV. Depending on the way, I disarm/rearm at my place in WV, or at some grocery store in PA right at the border with MD.

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    Member Array Skidboot's Avatar
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    Thanks for the replies. This is kind of a bad news/good news sort of thing. It's too bad the laws are so restrictive, but I can now tell my wife that although I'd love to stop and visit her Maryland relatives, the laws of that state will deny me the pleasure.

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    Ex Member Array apvbguy's Avatar
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    if they really want to see you have them drive to VA, DE or PA where 2a rights are somewhat respected

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    Ex Member Array RayBar's Avatar
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    I am not an attorney so take this for what its worth. A traveler without a Maryland permit may not carry a hand gun on foot or in a vehicle in a loaded or readily accessible manner. But he may transport an unloaded handgun in a secure case if he is traveling to a recognized shooting competition,bonafide gun show,hunting exercise,or some other gun related event. Magazines may remain loaded while in a vehicle as long as they are not attached to,or inserted into,any handgun. Travelers passing through the state may transport inaccessibe handguns even if they are not traveling to one of these events. The weapons must be unloaded,cased and,either stowed in the trunk,or locked in a case if the vehicle has no trunk. Pay special attention to "passing through" You can't stop overnight or you lose you passing through status.Verify this information with the Maryland State Police.Failure to do so could earn you a prolonged stay in Marylands crossbar hotel. This information is from the travelers guide to the firearms laws of the fifty states by J.Scott Kappas,Esq. 2012 edition. Good luck.

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    Senior Member Array swinokur's Avatar
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    ^^^^^^^^^^

    This. Perfectly legal under Title 18 SS926A (FOPA) to drive THROUGH MD. If MD is your destination, you must comply with MD Statute 4-203, which applies to everyone, not just MD residents.

    There are several allowed activities under MD Statute 4-203, ie travel to a range, shooting competition, or a gun shop or to a residence you own in MD.

    And NEVER consent to a search. Never. This is very important IMO. LE needs RAS or PC to get a search warrant to search. Without some evidence, they don't have a reason to charge anyone.

    Be safe.

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    Senior Member Array DoctorBob's Avatar
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    Quote Originally Posted by Skidboot View Post
    Thanks for the replies. This is kind of a bad news/good news sort of thing. It's too bad the laws are so restrictive, but I can now tell my wife that although I'd love to stop and visit her Maryland relatives, the laws of that state will deny me the pleasure.
    Wow! Too bad you will not be able to stop and visit your wife's relatives... I'm sure you are really broken up about that...

    IANAL but from what I've read, the info here is right on the mark. Follow the FOPA regs and do not stop. The same is true for NY and NJ with a few more caveats: in NJ, do NOT have any 'killer dum-dums" (JHP) in your posession; in NY, DO NOT GO THRU NEW YORK CITY OR ITS BOROUGHS. NYC does not feel that it has to obey FOPA and numerous other threads on this and other forae will confirm this is a real and serious problem.

    there is legislation afoot to extend the definitions of safe passage with FOPA. Write your congress person and suppor tthe changes in HR 4269.
    NRA-ILA | No Surrender

    And especially HR 4269
    NRA-ILA | HR4269firearmstransportation=
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    Member Array Skidboot's Avatar
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    Dr. Bob, you're right. I am absolutely devastated about not being able to visit my wife's MD relatives. Realistically, I think the guns will just stay home. It's too bad, because when I travel I like to have guns with me for the same reason I bring golf clubs---an opportunity might just present itself. I have no intention of visiting either NY or NJ, especially since I can no longer get a jumbo soft drink in NYC.

    Looking at the CCW laws in PA, except for the fact that they actually issue CCP's, the laws for the transportation of firearms look very similar to those of MD. I sent the OH attorney general an e-mail yesterday regarding OH's lack of reciprocity with PA, and surprisingly, I got a phone call this morning. The reason is PA has no training requirement for its CCP. I may just look at getting a permit in PA just to see if I can.

    Does HR 4269 have a realistic chance of passing? I'm wondering specifically about the Senate.

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    Senior Member Array swinokur's Avatar
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    You can get a PA non resident if you have a CCW from your home state. The fly in the ointment is you now have to apply in person.

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    Senior Member Array DoctorBob's Avatar
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    Quote Originally Posted by Skidboot View Post
    Does HR 4269 have a realistic chance of passing? I'm wondering specifically about the Senate.
    HR 4269 is very non offensive and does correct some serious problems. I actually think there is a real chance for some true bipartisan activity here if EVERYONE would wirte their congressman and Senators.
    There are some similar changes that need to be made to the GFSZA (18 USC § 922 (q) (2) (B) (ii).) That similarly can screw up innocent people really badly if they happen to drive within about a quarter of a mile of a school. That might be a little harder to straighten out but there is no rational reason why a compromise couldn't be reached.

    Instead of spening our time with the mental masturbation that goes on in some of the forum threads on irrelevant topics, I think it woud be a good idea if we could mobilize people t write their representatives... particularly in an election year.
    'Guerir quelquefois, soulager souvent, consoler toujours.'

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    Senior Member Array Chad Rogers's Avatar
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    I make this trip all the time.

    -Gas up in northern Virginia.

    -Do NOT stop in Maryland except at a toll booth.

    -Don't tell the gal in the toll booth 'hey, I'm transporting a gun. Ain't I fly?'

    -Do NOT be the fastest car on any given stretch of road. When the only car on a given stretch of road, do NOT speed.

    -If stopped and ultimately asked 'can I search your car?', the answer is 'no sir.'

    Of course there are always those who choose to not travel gray.
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