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Discussion Starter · #1 ·
i have a PA LTCF i am going to Maryland today how could i store my handgun while i am in Maryland? can i keep it in the case and ammo in another bag? i am only visiting some friends for the day then coming home at night. any feedback

I heard MD is gonna soon have a reciprocity with PA?
 

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Maryland will have CCW reciprocity shortly after the revolution or the freezing of Hell.

As far as car transport, in a word, no.

You're headed to a destination in Maryland, so the federal peaceable journey law doesn't apply. Maryland does not permit you to keep a gun in the car - anywhere in the car - unless you are headed to / from a gun store, range, etc. And you can't make extraneous stops then.

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;

Section 4-203 - Maryland Criminal Law - Maryland Code :: Justia
The way I read this is that since you are going to a friend's house and not one of the listed facilities, you cannot lawfully transport the gun in your car in Maryland.

I'm so glad I escaped that state :)
 

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i have a PA LTCF i am going to Maryland today how could i store my handgun while i am in Maryland? can i keep it in the case and ammo in another bag? i am only visiting some friends for the day then coming home at night. any feedback

I heard MD is gonna soon have a reciprocity with PA?
The MD General Asssembly will consider a bill (HB 52) that would give CCW permit holders from PA, VA and DE the right to carry in MD. The chances of passage are very slim at best.

As far as storage, the MD AG has issued an opinion as to whether FOPA or MD law applies to handguns when on travel and it basically says if your origin and destination are NOT both in MD, then the FED FOPA law applies.

Quoted below
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.
Your problem is this applies to travel, not stopping in MD. I think it would not apply once you have stopped. The law is very vague on this as far as stops for the restroom or food. There is some case law but I don't know what it says. You can Google MD 4-203 for the MD criminal code on handguns.

I'd be very careful doing this because IMO once you stop in MD, MD 4-203 probably applies and it is very restrictive on when you can have a weapon in your vehicle., ie, going to the Gun Shop, range, etc. If you could avoid it, I'd leave the weapon at home. Not worth a run in with an LEO IMO.

Good Luck in Marylandistan.

IANAL
 

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Discussion Starter · #4 ·
**** ! i havent been without my handgun 24/7 in a long time this will be the first time , i dont feel safe without it.:aargh4:

thanks for the info guess i will store the gun in my home safe and ***** and moan all day about my baby not being in my waistband holster.
 

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**** ! i havent been without my handgun 24/7 in a long time this will be the first time , i dont feel safe without it.:aargh4:
Solution to problem:

Have your MD friends visit YOU.

This state is run by hysterical antis whom think outlawing guns makes you safe. It works very well. Look at Baltimore. (aka Bodymore)

Sorry. At least you live in PA.
 

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You might want to go to handgunlaw.us and click on Maryland, scroll down to transportation of guns and see the response from the Maryland State Police.
 

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Yes it does, except, on the surface it appears that the MD State Police concur with the Federal Law re: transport. A previous poster had doubts if it were applicable.
I disagree. The FOPA states that you can transport from a state that allows CARRY to a place that allows the same. MD does not allow carry w/o a permit and the other conditions are very narrowly described in MD 4-203. The FOPA states:

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.
IMO your FOPA protection ceases when you STOP in MD. You have no protection as I read it once you stop. MD is NOT a CARRY state. I would not expect that FOPA would be a good defense if you are stopped once you arrive in MD. The destination protection goes away when you stop. My .02 YMMV

IANAL
 

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The MD General Asssembly will consider a bill (HB 52) that would give CCW permit holders from PA, VA and DE the right to carry in MD. The chances of passage are very slim at best.
Considering that Maryland effectively denies its own residents the right to carry, I would be really upset (if I still lived there) if they allowed non-residents from anywhere else to carry.

I agree this bill will die in committee, just like every other pro-gun bill in the last 20 years.
 

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While taking my shower I had time to think this through. The OP was going from PA where he is legal to PA where he is legal with a brief stop over in MD. Hence it is interstate transportation and would fall under the Federal law. If you think it through, anyone on there way through MD to another state would be in violation if they stopped for gas, food, motel, etc.. Think interstate transportation.
 

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Whether MD is carry or no carry in the CCW sense isn't exactly relevant. The issue is whether the gun can be possessed at any time within MD. It could be permissible in a hotel room,vacation rental,rented campsite, but in your situation looks like no.
Target ranges and gun stores are common exceptions. You could transport to a MD gun range, then leave and go back out of MD.

Only option would be for you to get a MD permit, extremely difficult BTW.
 

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Discussion Starter · #13 ·
i dont like going to MD but i have to respect my old lady its her friends birthday party so i am dead in the water here. i feel alot better when i am in PA then in MD makes me feel like i was born yesterday :frown:
 

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"visiting some friends for the day" would hardly be regarded as a "brief stop over". IIRC the brief stopover language was included to allow you to stop for fuel, food and restrooms during your trip from one gun friendly state through hostile territory to another gun friendly state.
I think your interpretation might hold more water if the travelers ultimate destination was Virginia. But as I see it he is not passing through Maryland. The purpose of his trip is to do something in Maryland and he is then returning home.
 

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Considering that Maryland effectively denies its own residents the right to carry, I would be really upset (if I still lived there) if they allowed non-residents from anywhere else to carry.

I agree this bill will die in committee, just like every other pro-gun bill in the last 20 years.
Sadly, you're right. MD will never allow the citizens of border states to carry while denying the right to it's own citizens. I do have a VA non resident CCW for other reasons but it will never see the light of day in MD.

Too bad.
 

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While taking my shower I had time to think this through. The OP was going from PA where he is legal to PA where he is legal with a brief stop over in MD. Hence it is interstate transportation and would fall under the Federal law. If you think it through, anyone on there way through MD to another state would be in violation if they stopped for gas, food, motel, etc.. Think interstate transportation.
He is interstate until he stops IMO. I do believe however that the relevant wording in the FOPA is going from a state where you can carry to another state where you can carry. possession is understood as OK. It's the carry portion of rthe law that would concern me since the OP has no CCW, he cannot carry but he can possess in MD unless under the few allowed destinations. I think bot parts of the statute need to be in looked at. His friends house is not an allowed destination under MD 4-203 as I read it, hence my reliance on that portion of the statute to make the point that he will have no FOPA protections once he stops. As was pointed out, going to a birthday party would not even fall under the food or rest stop part of the FOPA or MD 4-203 law. There is case law on the reasonableness of food or rest stops while under FOPA. i don't have a cite however.

MD is so gun unfriendly I'd leave the weapon at home and hope none of the birthday attendees are BG's .

:twak:
 

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Below is the MD AG opinion on FOPA protection while traveling in MD. Even though the OP fits the conditions of his origin and destination not being both in MD, if you read carefully (highlighted) the opinion states on travel THROUGH MD. That's the sticky widget IMO and removes any FOPA protection as far as MD is concerned.

Dear Mr. _______:

Maryland law generally prohibits the wearing, carrying or transporting of handgun, loaded or unloaded, concealed or openly: 1) on or about one's person; and, 2) in a vehicle traveling on a road or parking lot generally used by the public, highway, waterway, or airway of the State.
Individuals who have been issued a permit to carry a handgun by the Maryland Department of State Police (handgun carry permits issued by other states are not effective) are exempted from this law.

The following activities are also exempted: 1) 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; 2) the wearing, carrying, or transporting by a person of a handgun used in connection with an organized military activity, a target shoot, formal or informal target practice, sport shooting event, hunting, a Department of Natural Resources-sponsored firearms and hunter safety class, trapping, or a dog obedience training class or show, while the person is engaged in, on the way to, or returning from that activity if each handgun is unloaded and carried in an enclosed case or an enclosed holster; 3) the moving by a bona fide gun collector of part or all of the collector's gun collection from place to place for public or private exhibition if each handgun is unloaded and carried in an enclosed case or an enclosed holster; 4) the wearing, carrying, or transporting of a handgun by a person on real estate that the person owns or leases or where the person resides or within the confines of a business establishment that the person owns or leases; 5) the wearing, carrying, or transporting of a handgun by a supervisory employee: in the course of employment; within the confines of the business establishment in which the supervisory employee is employed; and (iii) when so authorized by the owner or manager of the business establishment.

The federal law you cite (18 USC 926A) applies to the interstate transportation of a firearm (handgun or long arm) and supersedes Maryland law. It would have no bearing on the transportation of a firearm where the origin and destination are both within Maryland. It would however allow for the transportation of a firearm through the State of Maryland regardless of the Maryland law cited above.

For purposes of the exceptions to Maryland law, a handgun may be transported within the passenger compartment of the vehicle provided it is unloaded and in an enclosed case or holster. For purposes of the federal law exception, the firearm must be unloaded and not readily accessible from the passenger compartment.

Mark H. Bowen Assistant Attorney General
(end of quotation from Mr. Bowen)

Leave the gun at home and go eat cake and ice cream !

:rofl:
 

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I give up. I have no intention of traveling to or through MD. If I did, I would not hesitate to have my firearm locked in the trunk and pray that my car did not break down. I have no desire to spend time in the shower with my "new friend, Rocky".
 

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I give up. I have no intention of traveling to or through MD. If I did, I would not hesitate to have my firearm locked in the trunk and pray that my car did not break down. I have no desire to spend time in the shower with my "new friend, Rocky".
+1

:rofl:
 

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Foolish but I sent an email.

The following came to me from the VCDL.



A bill has been introduced in Maryland to recognize Virginia, Delaware, and Pennsylvania concealed handgun permits!

It may be an uphill battle, but that's never stopped us before. ;-)

Let's all email the committee that is going to be hearing that bill (it is scheduled to be heard on January 26th).

To send an email to the committee, click here:

Send an eMail Message to the Members of the Maryland House Judiciary Committee:

Fill in your name, your email address, and select all of the names of the Delegates in the email list by clicking on the first name, scrolling down and, while holding your shift key down, clicking on the last name in the list.

For the email subject line put: Support HB 52!
 
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