Can I be arrested if I...?

[YuDanJa]

Scenario:
I’m out with friends in VA, legally armed, with CHP + Photo ID. We decide to cross the state line to MD. I do not have a permit to carry in MD. I pull my firearm out of the holster, take out the magazine and empty chamber, empty the rounds (store ammo separately) and then lock it in a locked box in the trunk before crossing the state line. I get pulled over by MD police. I’m asked to step out of the vehicle and get patted down. Police officer finds an empty holster on my hip. He asks if I’m armed. I refuse to answer.
At this point, the officer can legally detain me for suspicion of being illegally armed, cuff me, and search my vehicle, correct?
I’m thinking it is possible. As long as it is "possible", I figure the simple answer is: Yes, he can.
I just wanted to prove to my friends why I couldn’t come along to a friend’s house in MD one night.

[Dreamerx4]

I guess I would recommend not doing anything to get pulled over for in the first place... That said...

As long as you have locked the gun in a container separate from you ammo, in an unloaded magazine, and it is locked up as well. As long as where you started from, and where you are going to, it is legal to posses the firearm, the interstate transportation laws protect you. Would need an attorney to be sure however, many variables could be included.

I think short of refusing to answer his questions you would be fine. I can't understand why you would be asked to step out of your vehicle, unless you are being difficult or acting suspicious. I also do not understand why you would refuse to answer the questions of the officer. I realize it is your right, but think it is not often prudent to force the issue.

I am not advocating providing information not asked for, but rather suggesting that you are courteous and respectful answering direct questions directly.

This is dramatically different from being involved in a shooting, where I would still be very courteous and cooperative, just firmly saying that I need to speak to my attorney before I can speak to an officer. I am "so and so, my id is here, he tried to kill me, I will file a complaint, please let me speak to my attorney, then, shut up.

My humble advice.

[Jim]

If you can get in touch with "User" (that's his user name), he should be able to answer that for you. He's a registered attorney in Va.

[zephyp]

Peaceable Journey law may not apply here but if the weapon was locked in a box in the trunk separate from the ammo then the answer to "are you armed" is no because you're not...

[mrjam2jab]

Peaceable Journey law may not apply here but if the weapon was locked in a box in the trunk separate from the ammo then the answer to "are you armed" is no because you're not...

WHile I do agree with the "not armed" answer....

we are talking about MD...

§ 4-203. Wearing, carrying, or transporting handgun.

[YuDanJa]

If a firearm is locked away, out of arm’s reach, mags empty and separated from ammo, all would seem to be fine. I just described how to transport firearms in MD. But going by the letter of the laws in MD, the only time you may transport a firearm is if (a few examples) you’re heading directly to and from a shooting range, gunsmith, FFL, gun store, hunting or simply passing through the state…no making stops along the way(s)…well, a gas station may be acceptable for obvious reasons.
Of course, I would not intentionally do anything to get myself pulled over, but late at night in a not-so-nice neighborhood, anything can happen…even being asked to step out of the vehicle and getting pat down. Cops can do that, whether you are polite to them or not. The most you can do (if you don't like it) is file a complaint.
My refusal to answer the question if armed is because if I say “Yes”…I’m pretty much busted because I have no permit. I could lie, but…I doubt a police officer would let me off that easy. And if I am caught lying…consequences would be worse than saying “Yes”.

Anyway, let’s not go too much into this. The scenario is simple. I’ll make a few modifications. It’s 0100 in the morning and I’m pulled over in a neighborhood (not Interstate). A Maryland cop found an empty holster on my hip (“Doh! I know! I should’ve taken it off!”) and asked (let’s change this part) if I had any firearms in the car. I refused to answer. Let’s pretend I actually say, “Sir, I understand how this looks, but I choose not to answer that question. Sorry.” From that point, can the officer say, “Alright…hands behind your back. You’re under arrest.”?

[ProShooter]

The simplest answer is, that you can be arrested anytime, anywhere, for anything.

[YuDanJa]

The simplest answer is, that you can be arrested anytime, anywhere, for anything.

Seriously? Did you just read the subject line and post a reply?
Thanks, anyway. Epic Win!

[ProShooter]

The simplest answer is, that you can be arrested anytime, anywhere, for anything.

Seriously? Did you just read the subject line and post a reply?
Thanks, anyway. Epic Win!

Seriously? Did you just post a question basically asking for legal advice from a bunch of anonymous internet faces who live in Virginia about a potential criminal violation in Maryland? And you asked this so that you could prove to your friends why you didn't go hang out at someone's house in Maryland one night?

Seriously?

Thanks for playing.....

[YuDanJa]

The simplest answer is, that you can be arrested anytime, anywhere, for anything.

Seriously? Did you just read the subject line and post a reply?
Thanks, anyway. Epic Win!

Seriously? Did you just post a question basically asking for legal advice from a bunch of anonymous internet faces who live in Virginia about a potential criminal violation in Maryland? And you asked this so that you could prove to your friends why you didn't go hang out at someone's house in Maryland one night?

Seriously?

Thanks for playing.....

Geez. Didn't know you'd take it so hard. Apologies. Peace!
I'd better watch it around here!

[allingeneral]

Ole ProShooter - straight and to the point sometimes. I have to agree with his statement that you can be arrested anytime, anywhere for anything... And venturing into Maryland with a firearm is something that can get you into hot water rather quickly. Those boys are serious about their firearm laws.

[gunderwood]

It comes down to your particular officer. Personally, I would take the holster off and keep it with the gun. Proshooter is right, but most legal questions come down to if your arrest/charges will stick or not. You can be 100% inside the laws and properly transporting your firearm per the Federal Transport laws and still see the inside of a holding cell. Unless your lawyer is a dumba$$ and has you plead guilty or you start talking and say something stupid, you probably won't be staying in jail.

http://www.nraila.org/gunlaws/federal/read.aspx?id=59

If in doubt, a traveler should carry firearms unloaded, locked in a case, and stored in an area (such as a trunk or attached toolbox) where they are inaccessible from a vehicle’s passenger compartment and not visible from outside the vehicle. Any ammunition should be stored in a separate locked container.

TRANSPORTATION BY MOTOR VEHICLE

In most states, firearms may be transported legally if they are unloaded, cased, and locked in the automobile trunk or otherwise inaccessible to the driver or any passenger.

The exceptions to this rule apply mainly to transportation of handguns and so-called “assault weapons.” The myriad and conflicting legal requirements for firearm transportation through the states make caution the key for travelers.

If you travel with a trailer or camper that is hauled by an automobile, it is advisable to transport the firearms unloaded, cased and locked in the trunk of the car. If your vehicle is of the type in which driving and living spaces are not separated, the problem becomes one of access. If the firearm is carried on or about the person, or placed in the camper where it is readily accessible to the driver or any passenger, state and local laws regarding concealed carrying of firearms may apply. It is recommended, therefore, that the firearm be transported unloaded, cased, and placed in a locked rear compartment of the camper or mobile home, where it is inaccessible to the driver or any passenger.

Generally, a mobile home is considered a home if it is not attached to a towing vehicle, and is permanently attached to utilities, placed on blocks, or otherwise parked in such a manner that it cannot immediately be started up and used as a vehicle.

Once you reach your destination, state and local law will govern the ownership, possession, and transportation of your firearms.

MARYLAND—The unlicensed transportation of handguns in vehicles is prohibited, except for a variety of lawful purposes, including target shooting. A handgun must be transported unloaded and in an enclosed case or holster with a strap. Maryland also prohibits the possession or transportation into the state of so-called “assault pistols,” which a statute defines by specifying certain makes and models, as well as “a copy, regardless of the producer or manufacturer.” Prohibited models include, but are not limited to, semi-automatic versions of the UZI, Intratec TEC-DC9, and Bushmaster pistols.

Perhaps the most important thing:

Travelers should be aware that some state and local governments treat this federal provision as an “affirmative defense” that may only be raised after an arrest.

[gunderwood]

General rules of thumb. If you are leaving VA, lock everything up! Lock your trunk and disable remote access so the only way in is with a key. Keep nothing in the cabin if possible, no targets, no holsters, no NRA mag, nothing. Know your rights and refuse unreasonable searches (which would include your locked trunk). Don't answer fishing expeditions as they are not relevant to the traffic stop. Be extra mindful of all laws to avoid the situation in the first place. Your trunk only contains "lawful private property."

Never forget, there is nothing you can say or do that will prevent a LEO from arresting you if they want. If they are going to do it, they are going to do it anyways. Save your defense and answers for your lawyer and the courts if necessary.

[Dreamerx4]

These guys are all right saying it would be difficult to pass as interstate transport laws.

I was simply giving lots of wiggle room, leave work enter off of 95, go up 270, visit friend, come back in by Brunswick or Harpers Ferry... Or reversed. If you go over a bridge, and come back across the bridge, not as easy to pass off, unless again after work on your commute home due to traffic issues or weather you venture into MD.

Again, better to just stay away if possible as the laws in MD are anti gun.

Just a couple humble suggestions and not given with any other intentions other than your best interest.

1. Nothing good happens after midnight.
2. Stay out of bad neighborhoods if possible, but always after midnight. Live there? Move.
3. Only way to win a gun fight, don't get into a gun fight. Stay out of situations where it would be likely you would need it.

Hope this helps and does not futher cloud the waters.

Sounds like you made a good responsible descision to not go.

[srwg9mm]

But going by the letter of the laws in MD, the only time you may transport a firearm is if (a few examples) you’re heading directly to and from a shooting range, gunsmith, FFL, gun store, hunting or simply passing through the state…no making stops along the way(s)…well, a gas station may be acceptable for obvious reasons.

sounds to me like you just answered your own question. Ignoring the whole how you might get caught thing (ie. fender bender, not necessarily your fault but usually gets the police involved), I would just go with following the letter of the law.

"but officer, my friends said it was no big deal!"
"Oh, ok then, you're free to go"

[YuDanJa]

General rules of thumb. If you are leaving VA, lock everything up! Lock your trunk and disable remote access so the only way in is with a key. Keep nothing in the cabin if possible, no targets, no holsters, no NRA mag, nothing. Know your rights and refuse unreasonable searches (which would include your locked trunk). Don't answer fishing expeditions as they are not relevant to the traffic stop. Be extra mindful of all laws to avoid the situation in the first place. Your trunk only contains "lawful private property."

Never forget, there is nothing you can say or do that will prevent a LEO from arresting you if they want. If they are going to do it, they are going to do it anyways. Save your defense and answers for your lawyer and the courts if necessary.

This response describes almost exactly what was up that night. The contents of the first paragraph describes about everything to assure me that I was safe from any trouble, but…the second paragraph is what was running through my mind that made me think twice and pass.
I’m not in disagreement with ProShooter’s statement. Yes, anything is possible, anytime, anywhere…in fact, that statement works for just about any subject by changing the verb. I took it the wrong way when I first read it, though; thought it was a smarta$$ remark. But even if it was intended to be…that’s fine, too.
Anyway, I just wanted some input, thoughts, and opinions. Everyone has them. I find that sometimes listening (or reading in this case) to others’ input helps you think in different ways and have new perspectives… whether it be among friends, peers, co-workers, etc…even anonymous internet faces.
With that said, a new thought came to mind, there are laws out there in which evidence becomes inadmissible in court when property is illegally searched. That may be subconsciously where I was getting at in the first place. Okay, I do realize in the end it’s all up to the courts, but I’d like to hear some input and opinions on that.
I appreciate everyone’s responses. Thank you!

[Jim]

.....3. Only way to win a gun fight, don't get into a gun fight. Stay out of situations where it would be likely you would need it.

That's exactly right!
I worked in heavy construction for over 30 years. Those fellas used to say(still do, I'm sure) "If you don't start no "stuff", there won't be no "stuff"". "Stuff" in quotes to replace expletive. You get my drift, I'm sure.

[ProShooter]

Geez. Didn't know you'd take it so hard. Apologies. Peace!
I'd better watch it around here!

No worries.

[ProShooter]

Ole ProShooter - straight and to the point sometimes. I have to agree with his statement that you can be arrested anytime, anywhere for anything... And venturing into Maryland with a firearm is something that can get you into hot water rather quickly. Those boys are serious about their firearm laws.

LOL Rick. You know I'm generally not a "beat around the bush" kinda guy!

[gunderwood]

But going by the letter of the laws in MD, the only time you may transport a firearm is if (a few examples) you’re heading directly to and from a shooting range, gunsmith, FFL, gun store, hunting or simply passing through the state…no making stops along the way(s)…well, a gas station may be acceptable for obvious reasons.

sounds to me like you just answered your own question. Ignoring the whole how you might get caught thing (ie. fender bender, not necessarily your fault but usually gets the police involved), I would just go with following the letter of the law.

"but officer, my friends said it was no big deal!"
"Oh, ok then, you're free to go"

I don't know if there is settled law on that. Federal law should cover you as long as those "intermediate" stops for necessities (gas, food) are not your end destination. It isn't all that dissimilar if you are on a plane and have a layover in an anti-gun state/city. As long as you don't take possession of your luggage, you are fine. If you ever get diverted (weather, etc.) refuse to take possession of any bags which contain firearms/ammo unless you are certain that you can possess them in that state. The airline can hold them and put them on whatever connecting flight you get at a later date.

As a side note, when traveling with firearms you should plan for those contingencies. If you are traveling through MD, don't put stuff in the trunk that you may need before leaving the state. I always try to fill up and get food before or after traveling through MD.

srwg9mm picked up on a technicality that could burn you depending on the LEO/prosecutor/situation. The Federal law says that the firearms must be legal at both your starting location and your destination. Technically, your destination is in MD (i.e. the purpose of the trip) and once you are there, all local laws apply. Your friends house is not your residence, nor any of those exceptions, so the Federal law probably would not apply. INAL though.