Maryland handgun carry and transport laws

[Chasbo00]

Recently, I've been looking closely at the Maryland handgun carry laws. There are some pistol matches in Maryland that I like to shoot, so I do travel in Maryland with handguns. I suspect most of the forum readers who live in Virginia often hear, as do I, the general advice to avoid Maryland when traveling with firearms as Maryland is very anti-gun - especially with respect to handguns.

Here is a hypothetical scenario that might shock or amaze you:

As far as I can tell, it's completely legal for someone in Virginia (with no carry permit from anywhere), to strap on the below with the magazine loaded, the pistol unloaded and holster's flap closed and fastened, and then drive to Gilbert's Range in Rockville, MD for some target shooting. And, then do the same while driving back to Virginia.



Now, note that I'm suggesting it's legal. I'm not suggesting it's smart or that you do it. Anyone want to discuss?

[Greybeard]

No way. Thats a felony if you get stopped. Handguns can be legally transported to and from matches WITH the following stipulations:

-Handgun(s) unloaded
-Handgun(s) and ammuntion in locked trunk of vehicle
-No firearm can ever be within reach of the operator
-NO STOPS on the way or returning from a match (7-11, grandmother's house etc.)
-If the vehicle has no trunk, SUV, pickup etc., the firearm(s) must be unloaded and secured in a locked case in the rear of the passenger compartment and out of reach of the operator

[Chasbo00]

No way. Thats a felony if you get stopped. Handguns can be legally transported to and from matches WITH the following stipulations:

-Handgun(s) unloaded
-Handgun(s) and ammuntion in locked trunk of vehicle
-No firearm can ever be within reach of the operator
-NO STOPS on the way or returning from a match (7-11, grandmother's house etc.)
-If the vehicle has no trunk, SUV, pickup etc., the firearm(s) must be unloaded and secured in a locked case in the rear of the passenger compartment and out of reach of the operator

I disagree. You are stating some constraints from the federal FOPA law. One can choose to follow Maryland law while in Maryland and that is what I've done with my scenario.

And by the way, I don't believe the federal law includes this either:
"-NO STOPS on the way or returning from a match (7-11, grandmother's house etc.)"

[mrjam2jab]

The law...to confirm it

2010 Maryland Code
CRIMINAL LAW
TITLE 4 - WEAPON CRIMES
Subtitle 2 - Handguns
Section 4-203 - Wearing, carrying, or transporting handgun.

a) Prohibited.-

(1) Except as provided in subsection (b) of this section, a person may not:

(i) wear, carry, or transport a handgun, whether concealed or open, on or about the person;

(ii) wear, carry, or knowingly transport a handgun, whether concealed or open, in a vehicle traveling on a road or parking lot generally used by the public, highway, waterway, or airway of the State;

(iii) violate item (i) or (ii) of this paragraph while on public school property in the State; or

(iv) violate item (i) or (ii) of this paragraph with the deliberate purpose of injuring or killing another person.

(2) There is a rebuttable presumption that a person who transports a handgun under paragraph (1)(ii) of this subsection transports the handgun knowingly.

(b) Exceptions.- This section does not prohibit:

(4) 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;

[Chasbo00]

@mrjam2jab, exactly - you nailed it!

[ProShooter]

Its a sad commentary that a dog obedience training class is ok, but a firearms training class is not.

[SHMIV]

Firearms training is included there, as long as it is sponsored by the Dept. Of Natural Resources.

[ Post made via Mobile Device ]

[ProShooter]

Firearms training is included there, as long as it is sponsored by the Dept. Of Natural Resources.

[ Post made via Mobile Device ]

and I'm sure that the list to sign up for that is long and distinguished...LOL

[SHMIV]

Heh, I reckon so, lol.

[ Post made via Mobile Device ]

[j1mmyd]

Would that training not involve at least one of: "a target shoot, formal or informal target practice" or a "sport shooting event"?

[JNelson]

We live in VA but lived in maryland for a while. I always had been told unloaded in the trunk with ammo stored elsewhere.

[Chasbo00]

We live in VA but lived in maryland for a while. I always had been told unloaded in the trunk with ammo stored elsewhere.

That's why I like to read the law itself and not go on someone's interpretation. One of the great things about the Internet is it makes this easy. But you have to make the effort yourself. Also, be sure you are reading a current version of the law.

[jmicheals1984]

I have also been advised that the ammo must also be separate from any Magazines. If your magazines have bullets in the, that is also illegal. When I travel through Maryland to get to MI to see my family, I even unload the magazines, and keep those with the ammo. Then when I get into PA I then load the magazines and carry on.

[Chasbo00]

I have also been advised that the ammo must also be separate from any Magazines. If your magazines have bullets in the, that is also illegal.

If it's illegal, that means there is a law that states that - ask those telling you that it's illegal to cite the law that makes it so.

If's they are saying it's a prudent thing to do, that's a different matter.

[Nemo24]

Chasbo00 - Just advancing the conversation. Remember that decisions from court cases also influence the law. Not that I like it, but just because it's not written in the statutes doesn't mean it's legal. If a judge has ruled in the past that a magazine with a single bullet in it is considered a "loaded weapon", then it is. As well, I'm sure some case law definition of "enclosed holster" also exists.

So to answer your question fully, we'd need to know the case law definition of the terms "enclosed holster" and "unloaded" as they pertain to firearms, handguns, magazines, and speed-loaders. I'm not a lawyer nor do I know any so I can't get this info.

[Chasbo00]

Chasbo00 - Just advancing the conversation. Remember that decisions from court cases also influence the law. Not that I like it, but just because it's not written in the statutes doesn't mean it's legal. If a judge has ruled in the past that a magazine with a single bullet in it is considered a "loaded weapon", then it is. As well, I'm sure some case law definition of "enclosed holster" also exists.

So to answer your question fully, we'd need to know the case law definition of the terms "enclosed holster" and "unloaded" as they pertain to firearms, handguns, magazines, and speed-loaders. I'm not a lawyer nor do I know any so I can't get this info.

Case law adds clarity and further defines existing law. While it certainly influences the law, I don't think it creates new law. In fact, sometimes it eliminates some laws when they are found unconstitutional.

I don't think there is any MD case law addressing what an enclosed holster specifically is or is not. As to loaded and magazines, there is at least an AG written opinion:
http://marylandshallissue.org/wp-conten ... azines.pdf

[ASTC]

This is a link to the Md. State Police:

http://www.mdsp.org/FAQs.aspx

This is what it says under FAQ's:

Firearms

How can I legally transport firearms within / through Maryland?
Answer: They must be unloaded, in a carrying case, holster with a flap and the ammunition should be separate. It would be best to keep the unloaded weapon in the trunk where you do not have access to it. There are further regulations but essentially you can only transport a handgun between residence, to and from a repair shop, a shooting sporting event, between a residence and place of business if substantially owned and operated by the person. For more information please contact our Licensing Division.