Shotgun Vehicular Transport from Maryland to Pannsylvania?
- Thread starter WillyMart
- Start date
bofh
Banned
If you can legally possess the unloaded shotgun in MD and PA, then you can transport said unloaded shotgun from MD to PA.
18 U.S. Code § 926A:
18 U.S. Code § 926A:
Yes, I've looked at the laws for both states and unless I'm misinterpreting them, it sounds like unloaded transport is OK for a shotgun. My permanent residence is in MD but I have a mountain cabin in PA. I just would feel better with some form of protection. Although I legally own a pistol in MD for my home, I do not possess a concealed carry permit. Reading the above statement however, seems to imply that transporting the pistol in a locked device (unloaded) might be doable even without a CCP. Am I understanding that correctly? If so, what is considered the "trunk" in a SUV? I'd assume it could be the most rear compartment etc.
The shotgun however would be a good defensive option that seems much more doable. Thanks Bofh. Have a good evening.
The shotgun however would be a good defensive option that seems much more doable. Thanks Bofh. Have a good evening.
bofh
Banned
Maryland Annotated Code, Criminal Law, Title 4, Section 203 additionally regulates the transportation of a handgun in Maryland. Why, because it's Maryland.
SUVs don't have trunks. The law doesn't say anything about trunk or most rear compartment. The law says "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."
SR9
New member
If you get caught by the wrong cop in Maryland, he will try to make an example of you, whether he's right or wrong, jus to give you a hard time. I have a friend that was a MDSP officer and we have had more than one disagreement about carrying firearms. He still lives in MD and I live in another state and have had a CCW for quite a few years. He does not carry, even though as a former LEO he can and doesn't think anybody else should either. I make sure that when he comes for a visit, I am carrying, just to piss him off.
bofh
Banned
A rare good point.
In addition, the side of the road is not the time and place for an argument with a police officer who doesn't know or like the law or just doesn't like you. When stopped, follow all lawful commands of the officer and use a lawyer afterwards to address any grievances from the encounter. Know your rights, though, and know how to invoke them.
A few notes about Firearms Owner Protection Act (FOPA) (cited above) and Maryland law.
Maryland law only permits owners to transport a firearm in a vehicle for a handful of enumerated reasons (such as to go from the home to the gun range (see below)). Going to another state, in general, is not one of those reasons. Years ago, I contacted the Maryland Attorney General's Office and inquired if transporting a firearm from my home in Maryland to Virginia would be covered under FOPA, and therefore protected by the federal statute. The response came back that FOPA did not apply unless you had a carry permit in Maryland. The attorney interpreted the term "lawfully possess and carry" to mean that the person must have a carry permit in both originating state, and destination state. I pointed out that I can "possess and carry" on my own property, and the attorney indicated that it was not how the state read the statute.
I understand that the State Police have now officially acknowledges FOPA coverage for people in our situation, but it is not a "slam dunk" given historically inconsistent interpretations by the state.
Maryland statute:
Criminal Law § 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;
(b) Exceptions. -- This section does not prohibit:
(3) 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;
(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;
(5) 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;
(6) 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;
Maryland law only permits owners to transport a firearm in a vehicle for a handful of enumerated reasons (such as to go from the home to the gun range (see below)). Going to another state, in general, is not one of those reasons. Years ago, I contacted the Maryland Attorney General's Office and inquired if transporting a firearm from my home in Maryland to Virginia would be covered under FOPA, and therefore protected by the federal statute. The response came back that FOPA did not apply unless you had a carry permit in Maryland. The attorney interpreted the term "lawfully possess and carry" to mean that the person must have a carry permit in both originating state, and destination state. I pointed out that I can "possess and carry" on my own property, and the attorney indicated that it was not how the state read the statute.
I understand that the State Police have now officially acknowledges FOPA coverage for people in our situation, but it is not a "slam dunk" given historically inconsistent interpretations by the state.
Maryland statute:
Criminal Law § 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;
(b) Exceptions. -- This section does not prohibit:
(3) 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;
(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;
(5) 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;
(6) 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;
PhillySoldier
New member
Also just something to consider and this is a pretty sh!tty thing but over the years have seen this happen in both MD & NJ where they considered you no longer legally "transporting" if there is any type of "interupt" at all in your travels such as stopping along the way at a store, restaurant etc
There is Some Hope
Three days ago, a three judge panel of the U.S. Court of Appeals for the D.C. Circuit just struck down the D.C. version of Maryland's draconian CCW permit requirements. But next it will go to the full court, and then maybe the Supremes. If we can flip one more Supreme Court justice from blue to red by then, we could be golden. Would need Kennedy or anyone on his left to retire soon.
If D.C.'s law is ultimately overturned by the Supremes, then Maryland's goes bye bye.
Three days ago, a three judge panel of the U.S. Court of Appeals for the D.C. Circuit just struck down the D.C. version of Maryland's draconian CCW permit requirements. But next it will go to the full court, and then maybe the Supremes. If we can flip one more Supreme Court justice from blue to red by then, we could be golden. Would need Kennedy or anyone on his left to retire soon.
If D.C.'s law is ultimately overturned by the Supremes, then Maryland's goes bye bye.
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