Help with flying out of BWI

Help with flying out of BWI

This is a discussion on Help with flying out of BWI within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I live in PA and have a PA LTCF and I will be flying from BWI to Florida next month. I want to take my ...

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Thread: Help with flying out of BWI

  1. #1
    Member Array fairway1's Avatar
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    Help with flying out of BWI

    I live in PA and have a PA LTCF and I will be flying from BWI to Florida next month. I want to take my EDC with me as I am good in Florida with my PA LTCF. I am flying SWA and have checked their website and the TSA website, so unloaded in a locked case inside a locked piece of checked luggage. But my question is what are the laws in Maryland as far as traveling into Maryland from PA and to the airport with my firearm?


  2. #2
    VIP Member Array ccw9mm's Avatar
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    Here is a link to a useful guide, from the Maryland State Police: clickie. Specifically look for the Q&A sections covering transporting via vehicle and Title 4-203.

    Or, here's a link to the MSP's questions page, for "firearms": clickie.
    Your best weapon is your brain. Don't leave home without it.
    Thoughts: Justifiable self defense (A.O.J.).
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    Reason over Force: The Gun is Civilization (Marko Kloos).
    NRA, SAF, GOA, OFF, ACLDN.

  3. #3
    Member Array fairway1's Avatar
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    Thanks for the info, looks like I should be okay. Anyone have any first hand knowledge flying out of BWI with a firearm?

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    Member Array Deacon51's Avatar
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    Maryland Code says
    the carrying of a handgun on the person or in a vehicle while the person is transporting the handgun to or from the place of legal purchase or sale, or to or from a bona fide repair shop, or between bona fide residences of the person, or between the bona fide residence and place of business of the person, if the business is operated and owned substantially by the person if each handgun is unloaded and carried in an enclosed case or an enclosed holster;
    The Airport is not listed. Also understand that if you stop for gas or a bit to eat, you're breaking the law.

  5. #5
    Member Array fairway1's Avatar
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    SO, is driving to the airport against the law?

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    Distinguished Member Array Squawker's Avatar
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    I don't think that it's illegal, but I'm not a lawyer (too honest). One thing I can recommend from flying on SWA, is be sure that your gun case is on top of everything. The first time that I flew with handguns, I put them on the bottom. Since you have to open the case, to show that it's empty (there are lazy gate agents that may not care, but don't count on it)., I had to dig through all of my clothes just to pull out the case. Also, remember to have your ammo in a case specifically for ammo. Now, I understand from others that you can put tape across the magazine to keep the bullets from rolling out, but I can't promise it. If your guns are unloaded, and locked in a case, you should be ok. But, drive carefully, just in case!

  7. #7
    Member Array fairway1's Avatar
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    Thanks for the info. I think I'll be ok if I just drive straight to the airport. And I have a non-stop flight which is good.

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    Senior Member Array rmarkob's Avatar
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    Quote Originally Posted by ccw9mm View Post
    Here is a link to a useful guide, from the Maryland State Police: clickie. Specifically look for the Q&A sections covering transporting via vehicle and Title 4-203.

    Or, here's a link to the MSP's questions page, for "firearms": clickie.
    Hmmm...anybody know if a hotel room is considered a "bona fide residence" in MD? How about a friend's house, when you're visiting them and staying as a houseguest?
    Clinging to guns and God in PA...

  9. #9
    Member Array Deacon51's Avatar
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    Quote Originally Posted by fairway1 View Post
    SO, is driving to the airport against the law?

    Yes, you will be depending on the officers discretion if somehow you encounter an officer and that officer finds your gun. So be nice and polite.

    (Unless Federal law overrides state law in this matter)

  10. #10
    Senior Member Array DirtDawg's Avatar
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    Quote Originally Posted by Squawker View Post
    Now, I understand from others that you can put tape across the magazine to keep the bullets from rolling out, but I can't promise it. If your guns are unloaded, and locked in a case, you should be ok.
    In some locales the loaded mag would be considered "no-good", if you can get a Pelican TSA approved lock for your case, it would make your travel much smoother should TSA decide to take a look-see. On the outside bag use a Master TSA approved lock that shows if the lock has been opened. These usually are resettable combo locks with a green indicator that turns red if the TSA key has been used. Most TSA screeners do not have ready access to the master keys, its supposed to be with the supervisors.

    If TSA cannot access the case the gun is in (they're not "supposed" to handle the weapon w/o the owner observing) the bag doesn't go.

    My .02
    Why is it that you always find things at the last place you looked?
    Because when you find something-you stop looking-Mooch

  11. #11
    Member Array fairway1's Avatar
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    Quote Originally Posted by The Fed View Post
    Federal law does not override anything. It possibly could successfully be used as an affirmative defense but you still are going to be arrested and charged if discovered. There is no provision in MD law for what you want to do. If anyone can point out to me where it states he is OK, please do. If anyone thinks stating a federal statute will keep you from being arrested, I invite them to go to a rest stop and inform the nearest MD SP officer that you do not have a MD permit but do have a gun in your car. Let me know what happens and please post a copy of the incident report showing you were sent on your way.

    http://www.associatedgunclubs.org/AT...d_Gun_Laws.pdf
    But doesn't Maryland allow interstate travel with a firearm?

  12. #12
    Member Array fairway1's Avatar
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    Quote Originally Posted by DirtDawg View Post
    In some locales the loaded mag would be considered "no-good", if you can get a Pelican TSA approved lock for your case, it would make your travel much smoother should TSA decide to take a look-see. On the outside bag use a Master TSA approved lock that shows if the lock has been opened. These usually are resettable combo locks with a green indicator that turns red if the TSA key has been used. Most TSA screeners do not have ready access to the master keys, its supposed to be with the supervisors.

    If TSA cannot access the case the gun is in (they're not "supposed" to handle the weapon w/o the owner observing) the bag doesn't go.

    My .02
    So, My firearm is in a pelican case, my empty mags in the same pelican case, a box of ammo in the pelican case all locked with a pelican TSA approved combo lock and inside my suitcase locked with a Master TSA approved lock. Does that sound sufficient?

  13. #13
    Senior Member Array rmarkob's Avatar
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    Quote Originally Posted by The Fed View Post
    Federal law does not override anything.
    Interesting comment, considering your username. I believe the Supremacy Clause (Article VI, Section II) of the Constitution and ample case law say otherwise. http://www.law.umkc.edu/faculty/proj...preemption.htm

    It possibly could successfully be used as an affirmative defense but you still are going to be arrested and charged if discovered. There is no provision in MD law for what you want to do. If anyone can point out to me where it states he is OK, please do.
    No, you're correct - Maryland law does not provide for what the OP wants to do. But federal law does, under the Firearm Owners Protection Act (FOPA) of 1986:

    Code of Federal Regulations
    Title 18 > Part I > Chapter 44 > § 926a
    § 926A. Interstate transportation of firearms
    Release date: 20050803
    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.


    If anyone thinks stating a federal statute will keep you from being arrested, I invite them to go to a rest stop and inform the nearest MD SP officer that you do not have a MD permit but do have a gun in your car. Let me know what happens and please post a copy of the incident report showing you were sent on your way.

    http://www.associatedgunclubs.org/AT...d_Gun_Laws.pdf
    I will not hazard a guess as to what MD LEOs know and understand about Federal law, but it IS the law (under which I've transported firearms between PA and VA), and it DOES trump MD, other state, and even DC laws. Bieder vs. U.S. (1995) is one example: http://www.cs.cmu.edu/afs/cs.cmu.edu...ieder_v_us.txt. There was another, more recent case of a guy passing through DC on a train, but I can't find the reference at the moment. This is commonly referred to as "peaceable journey".
    Clinging to guns and God in PA...

  14. #14
    Ex Member Array fludy12's Avatar
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    Quote Originally Posted by fairway1 View Post
    But doesn't Maryland allow interstate travel with a firearm?
    Yes, under the Federal peaceable journey law. Basically, if you're legal to have the gun at both the origin and destination, then you can legally transport it on the US highway/interstate system. This is mainly applied to people traveling through the state with no intentions of any long term stopping. The gun(s) need to be unloaded and not accessible in the vehicle. I think they have to be locked up, as well.

    But, this won't work for a Marylander "just driving around" MD...only for transit of the state. I know...I spent years in that jacked up state. USNA '93

    edited to add: Oops! Didn't read the whole thread. rmarkob said basically the same thing I did, but better and with references. Thanks!

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    Ex Member Array fludy12's Avatar
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    Quote Originally Posted by The Fed View Post
    Nor for a PA resident who just wants to use their airport since they're not passing through on the Interstate system.
    Now, that may be true. I lived in MD for almost 5 years and flew in/out of BWI many times on leave with a pistol. Arizona was my home of record and usual destination. Never had a problem, but we're talking 1989-1994 time frame. Not sure about these days. I did technically live in Annapolis on gov't property, but I was never a MD resident. I'm sure the military ID helped in some respects. I bought pistols in MD. Last time I checked, there were shooting ranges in MD as well. How are people supposed to get pistols there to shoot, buy, sell, take home, etc? After all, they're not on the interstate, either.

    I guess the PA guys would have hang ups when needing to show a picture ID with all the modern TSA stuff. Still, if one has a military ID or passport, there's no address on it. How would TSA/airline know where you drove in from? In that case, I'd just check the unloaded pistol IAW the airline's policy.

    Also, the peaceable journey law states you can transport the firearm from a point of origin to a destination as long as you are legal to have it in both places. It isn't illegal to own a handgun in MD. Whether going to an airport or not. I live in CT now and non-residents are allowed "peaceable travel" into the state to hunt, compete in shooting competitions, gun shows, etc. All legal places to have a pistol/firearm. It just has to be stored in the appropriate manner.

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