OC in Maryland or Delaware?

OC in Maryland or Delaware?

This is a discussion on OC in Maryland or Delaware? within the Open Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I am stationed in North Carolina, but live in Pennsylvania. I drive home about once a month and always grab my Springfield XDm before I ...

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  1. #1
    Member Array CarryOrDie's Avatar
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    OC in Maryland or Delaware?

    I am stationed in North Carolina, but live in Pennsylvania. I drive home about once a month and always grab my Springfield XDm before I leave. I have a PA CCP, which makes me legal in NC and Virginia. My PA CCP is not good in Maryland or Delaware. Anyone know the laws of non-resident OC in those two states? For the most part I dont stop more then once on the way to or from, but if I do its usually in some crappy small gas station with unsavory people loitering at all hours of the night. If I can open carry, whats considered legal while in my motor vehicle?
    Just remember: When seconds count, the police are only minutes away.


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    According to Opencarry.org DE is a none open carry state and MD is a licensed OC state. It appears your out of luck for traveling through either one with a loaded weapon.

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    Member Array roberev's Avatar
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    There is no OC in Maryland, even with a permit (which is nigh unto impossible to get too). Permit allows CC only.

    Rob

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    Senior Member Array rmodel65's Avatar
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    Quote Originally Posted by archer51 View Post
    According to Opencarry.org DE is a none open carry state and MD is a licensed OC state. It appears your out of luck for traveling through either one with a loaded weapon.

    OpenCarry.org - A Right Unexercised is a Right Lost!
    deleware is none open carry???

    Delaware

    Summary
    Delaware is an open carry state. Those doing so should be aware that any local ordinances that were in effect at the time that preemption was passed (July 4, 1985) are still in effect and are NOT preempted. Open carry does not yet appear to be a common occurence in Delaware, but the number is increasing.
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    New Member Array PR43T0R14N's Avatar
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    I previously lived in DE and still travel there frequently for business. DE is an OC state, but there are a number of towns that have ordinances against OC. Newark, DE for example being one of those and local PD strictly enforces it. If you are a current resident of and have a valid CCW permit in one of the following states your permit has reciprocity with DE:
    ALASKA, ARIZONA, ARKANSAS, COLORADO, FLORIDA, KENTUCKY, MAINE, MICHIGAN, MISSOURI, NORTH CAROLINA, NORTH DAKOTA,
    OHIO, OKLAHOMA, TENNESSEE, TEXAS, UTAH, VIRGINIA (this can be validated at the DE Attorney General website).

    For Maryland your screwed, no OC whatsoever, no civilian reciprocity whatsoever. The unfortunate legal way to travel is unloaded, magazine separate from your weapon and in the trunk or furthest separated rear portion of your vehicle.

    I would suggest getting your NC CCW, and when traveling to and from PA filling up in Springfield and driving the speed limit on 95, especially between Baltimore and the DE line.

  6. #6
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    Quote Originally Posted by CarryOrDie View Post
    I have a PA CCP, which makes me legal in NC and Virginia. My PA CCP is not good in Maryland or Delaware.
    If you get either a Florida or Utah Non-Resident you would be good in Delaware, but there is nothing you can do about Maryland.
    Rick

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    Quote Originally Posted by rmodel65 View Post
    deleware is none open carry???

    Delaware

    Summary
    Delaware is an open carry state. Those doing so should be aware that any local ordinances that were in effect at the time that preemption was passed (July 4, 1985) are still in effect and are NOT preempted. Open carry does not yet appear to be a common occurence in Delaware, but the number is increasing.
    Sorry, I misread the map. DE is an OC state.

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    Quote Originally Posted by roberev View Post
    There is no OC in Maryland, even with a permit (which is nigh unto impossible to get too). Permit allows CC only.

    Rob
    Actually MD is a licensed OC state. Now your chances of hitting the Mega Million Dollar Lottery are better than getting a MD permit. But that does not mean it isn't "technically" legal.

  9. #9
    Distinguished Member Array kazzaerexys's Avatar
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    Just to clarify, a Maryland permit is a "permit to carry weapons." Knife or gun, open or concealed.

    If I were one of the chosen few lucky enough to have a permit here, I would not be inclined to test the issue with OC, because I suspect that would be a quick way to get said permit revoked, no matter what the technicalities may be. Practically speaking, the "open carry" portion of the Maryland permit allows you to transport the gun in your car anywhere, and not just to the legal exceptions of gun shop, range, or home, and without having to stow it in the trunk.

    Oh, and there are no Maryland non-resident permits.

    Stop in Virginia before the Maryland border. Disarm and unload your gun; stow gun and ammo separately in the trunk, with the gun in a holster or bag. Drive straight through Maryland* until you see the state in your rear-view mirror and then feel the sense of relief as your 2A rights miraculously reappear.

    For what it is worth, Delaware does reciprocate with Florida and, I believe, Virginia, so a non-res from those places would add one more good state on your drive.
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    (* I'd say drive quickly through Maryland to minimize your time there, but then you'd also be contributing $$$ to the state coffers. )
    “What is a moderate interpretation of [the Constitution]? Halfway between what it says and [...] what you want it to say?” —Justice Antonin Scalia

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    Member Array roberev's Avatar
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    Quote Originally Posted by archer51 View Post
    Actually MD is a licensed OC state. Now your chances of hitting the Mega Million Dollar Lottery are better than getting a MD permit. But that does not mean it isn't "technically" legal.
    It may be technically legal, but the reality is that your permit will get yanked if you open carry. I know that there is no legal basis for them to do that, but they do it just the same.

    Rob (one of the fortunate few who have managed to get a MD permit)

  11. #11
    VIP Member Array Janq's Avatar
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    Open carry in MD =

    - No such thing unless you have police powers
    "Killers who are not deterred by laws against murder are not going to be deterred by laws against guns. " - Robert A. Levy

    "A license to carry a concealed weapon does not make you a free-lance policeman." - Florida Div. of Licensing

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    Senior Member Array jem102's Avatar
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    We travel from TN to PA several + times a year on I-81. We normally stop just short of the MD border still in WV and unload and separate the guns from the ammo. Last week on the way up I said to my wife we never stop in MD so lets just follow the speed limit and go on through, we get across in 20 minutes or less.
    We had no problems and if you come upon something on the interstate I think you would have ample time to unholster, unload and slip it in the glove box. Our TN permits are honored in VA, WV, PA and DE so I am about over MD's problems with the other states.
    Does anyone think there is a chance of getting a Federal Law through that says as long as you are licensed in other states that have common borders to MD (or any state with the same blind approach to self defense) and you are on a continues journey (no stopping) that they must allow you to go straight through without disarming? How would you get that moving along?

  13. #13
    Member Array Dakota97's Avatar
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    Quote Originally Posted by jem102 View Post
    We had no problems and if you come upon something on the interstate I think you would have ample time to unholster, unload and slip it in the glove box.
    Maybe........but what if you are involved in a traffic accident during that 20 minute drive. Or what if you have a tail light out and a Maryland police offier lights you up? The officer probably would see all the motion associated with drawing, unloading, concealing in glove box. Personally to be safe, I would do as you have been doing, unload and separate the gun from ammo before entering Maryland and then not stop in the state of Maryland.
    NRA life member.

  14. #14
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    Quote Originally Posted by Dakota97 View Post
    The officer probably would see all the motion associated with drawing, unloading, concealing in glove box. Personally to be safe, I would do as you have been doing, unload and separate the gun from ammo before entering Maryland and then not stop in the state of Maryland.
    Just a note, the glove box is NOT good enough in MD, it has to be in the trunk, and the mags unloaded, ammo separate to be legal.
    Rick

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  15. #15
    Senior Member Array jem102's Avatar
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    Quote Originally Posted by Dakota97 View Post
    Maybe........but what if you are involved in a traffic accident during that 20 minute drive. Or what if you have a tail light out and a Maryland police offier lights you up? The officer probably would see all the motion associated with drawing, unloading, concealing in glove box. Personally to be safe, I would do as you have been doing, unload and separate the gun from ammo before entering Maryland and then not stop in the state of Maryland.
    Quote Originally Posted by rstickle View Post
    Just a note, the glove box is NOT good enough in MD, it has to be in the trunk, and the mags unloaded, ammo separate to be legal.
    I keep a tight rein on vehicle condition but you are right anything can and will happen to your best plan with no notice.

    I knew the mags/speed loaders had to be unloaded but it was my understanding as long as the two (gun & ammo) were not in close proximity to enable immediate loading it was OK. We drive vans so we can ad some space but no trunk. We currently place the pistols in a case under the seat and the mags/loaders, sans ammo, in an overhead compartment with a door on it. Ammo goes in plastic ammo carriers and into whatever carry or Walmart bag is handy. I have always felt this covered the "reasonable" intent of the Federal Law for interstate transport...maybe/maybe not.?.

    I need to think about travailing further westbound in WV and skip MD altogether. It would add an hour or two but that is cheap compared to going unarmed in one state that has gone off the deep end.

    Do you all think the NRA would consider a test case on this or has it already been through the courts?

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