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 ...
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?
Thanks for the info, looks like I should be okay. Anyone have any first hand knowledge flying out of BWI with a firearm?
Maryland Code saysThe Airport is not listed. Also understand that if you stop for gas or a bit to eat, you're breaking the law.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;
SO, is driving to the airport against the law?
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!
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.
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.
Why is it that you always find things at the last place you looked?
Because when you find something-you stop looking-Mooch
http://www.law.umkc.edu/faculty/proj...preemption.htmNo, 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: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.
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.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".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.
Clinging to guns and God in PA...
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!
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.