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quick question about carrying in a vehicle

Liberty-or-Death

Regular Member
Joined
Feb 7, 2014
Messages
411
Location
23235
I am driving from Virginia through Maryland and I'd like to know if I can OC/CC loaded while driving.

I would search the forum but I'm busy driving (wife is posting this). :)

μολών λαβέ
 

cloudcroft

Campaign Veteran
Joined
Jan 13, 2007
Messages
1,907
Location
Colorado Springs, CO (formerly El Paso, TX)
Was going to visit the Old Homestead (well, ONE of them anyway) in MD some time back, but living in TX at the time, and having a car with TX license plates (of course) I thought for sure I'd end up being stopped in MD as State/City/County LEOs would see the TX ("Wild West") plates and figure I must have "Guns on Board" (had taken the "Baby on Board" sign down earlier) and feel compelled to stop me. Even if there were no NRA stickers affixed.

Then, moving to CO where I am now, were I to go to MD they'd probably not so much think I'd have Guns on Board, but probably that I have "Pot on Board," considering how that's been in the news lately (CO registered vehicles allegedly stopped in other states allegedly for that reason) -- and again feel compelled to stop me.

In both cases, I just didn't want to worry about or go through the hassle of a stop.

So, TX plates or CO plates in repressive MD...can't win either way, I guess!

Well, SOME day I hope to visit the Old Homestead in MD...just not anytime soon.
 
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Cypherpunk

New member
Joined
Jun 27, 2014
Messages
6
In MD, without a MD permit, unloaded, out of reach and enclosed.

Also, "Don't talk to police".
 

swinokur

Activist Member
Joined
Jun 2, 2009
Messages
918
Location
Montgomery County, MD
If you are driving THROUGH MD, you must transport according to FOPA (unloaded, locked in trunk) if you intend to use it as a defense if prosecuted. Nothing in the MD statute 4-203 allows transport through the state. It allows for certain exceptions, such as range trips and trips to a gun shop, but plain travel is not one of them. Other than that, FOPA applies. And nothing in the MD statute requires the gun be out of reach. Just unloaded, and in an enclosed case or holster.

MD statute 4-203

(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;

Federal FOPA
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.

Loaded mag and enclosed holster opinions from AG below.

IANAL

Loaded magazines are ok if not in the gun. I added the AG opinion on travel as well.
 
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