Disassembled "Gun parts" ?

[Hikerguy]

I have a VA Resident Carry permit and realize it is not valid in MD. I'm planning a trip thru MD but will be stopping there overnight (hotel). From what I've read, it is a violation of MD law to transport a handgun unless subject to the a small list of exceptions.

Are disassembled handgun parts (frame, slide, barrel, springs) considered to be a "Handgun" by MD law? Is it permissible to "transport" disassembled parts, locked in separate containers, while stopping overnight in MD?

Can anyone point me to information on transporting "handgun parts / disassembled and or non-functional handgun" thru MD?

Thanks!!

 

[SafehouseFirearms]

I would assume it depended on how the law is worded and the definitions of a "handgun." According to the ATF, receivers and frames qualify as "firearms" and are subject to all the transporting and sales restrictions of a fully-functional firearm.

You'll have to see how MD defines a "firearm" or "handgun." If MD qualifies these frames and receivers as "firearms" or "handguns" then they would obviously fall under the same restrictions.

Sorry for what might seem like a non-answer.

 

[Hamilton Felix]

I think the answer is clear: If you transport a frame, you are transporting a handgun. You know how it is, you can mail order any part except frame/receiver - because that is legally a "gun."

You're talking about anti-gun enforcers in an anti-gun state. Do you think they'll hesitate to arrest and prosecute just because your "illegal handgun" happens to be missing all its parts except its frame?

One I wonder about, though: If you had a pre-1898 gun, say an old Merwin & Hulbert .44-40 revolver, would that be illegal? My guess is, State law would decide. It may not be a "gun" under GCA68, but you still have to deal with the local laws.

 

[natevans65]

Maryland and Federal laws require specific conditions be met while
transporting a handgun. Please refer to Maryland Annotated Code,
Criminal Law, Title 4, Section 203 for a detailed account of wearing,
carrying, or transporting a handgun. You may access the Maryland
General Assembly website at Maryland General Assembly Home Page then search for
Criminal Law, Title 4, Section 203, under the Statute Text link.
You can access the Federal requirements through ATF Online - Bureau of Alcohol, Tobacco, Firearms and Explosives and
conduct a search for “27 Code of Federal Regulations, Part 178” and then
look for “Transportation of Firearms.”
The basic requirement during transport is the handgun must be unloaded
and in an enclosed case or enclosed holster with the ammunition separate
AND you must be transporting the handgun to or from the locations listed
in statute.

 

[JimMullinsWVCDL]

Under 18 U.S.C. § 926A you may legally transport a handgun through Maryland as long as it is unloaded and either in the trunk of a car or in a locked container. The handgun does not need to be disassembled. FWIW, Congressman Morgan Griffith, R-VA-9, has introduced legislation, Link Removed, to strengthen the protection of our right to transport firearms through hostile states en route to a friendly state.

 

[442js]

Under 18 U.S.C. § 926A you may legally transport a handgun through Maryland as long as it is unloaded and either in the trunk of a car or in a locked container. The handgun does not need to be disassembled. FWIW, Congressman Morgan Griffith, R-VA-9, has introduced legislation, Link Removed, to strengthen the protection of our right to transport firearms through hostile states en route to a friendly state.

Yes but current interpretation of that law only allows that protection if you don't stop in the state. Since the original poster is planning on spending the night in MD that law does not apply.

 

[Hikerguy]

Thanks to all for the input.
Unfortunately, I believe that Frame=Handgun is probably the answer in MD.
I may have to rethink my plans.
Thanks again.

 

[dragon6]

Seems to me this is excess concern over an issue. If the OP is otherwise obeying the law, who would know? Without probable cause, his car and hotel room are not going to be searched. Without a search, no law enforcement agency will know a handgun is being transported. Without that knowledge, charges can't be filed. Ergo, the OP passes cleanly through MD without issue.

Sent from my HTC PH39100 using Tapatalk 2

 

[JRau89]

As a MD resident I can tell you it IS LEGAL to transport it through the state as long as it is locked in a case out of the reach of the driver(I.e. in the trunk) even over night.