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Old July 11th, 2011, 10:00 PM   #1
dev
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Transporting Guns to WV

I thought this would be the best place to get my question answered. I tried searching but could not find anything specific.

I am planing to visit my Bother in-law who lives in Martinsburg two weeks from now with my Shotgun, .22 and AR-15 to do some shooting at a range.
Is there anything I need to be aware of regarding any specific rules transporting my guns to WV as well as his house and then to the range.

Likewise he would like to come down to my house in Maryland with his AR-15, handgun and shotgun and then we plan to go to my range the morning after he arrives and then he will depart about a day later. Would this be ok ?

Thanks in advance.
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Old July 12th, 2011, 12:30 AM   #2
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It all sounds routine enough. Each of you follow the usual Federal transport protocols. Just be careful about when in second stage , that going from your house to range transporting handgun is directly to/ from range.
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Old July 12th, 2011, 02:33 PM   #3
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It all sounds routine enough. Each of you follow the usual Federal transport protocols. Just be careful about when in second stage , that going from your house to range transporting handgun is directly to/ from range.
Thanks for the information. I still need some clarity if it is ok for my brother in-law to come to my house with his guns the night before we go shooting in the morning. The reason why I stress this is mainly because I have read on the forum that you can only drive to and from the range.

So basically what it boils down to is if he is allowed to bring his guns to my house in Maryland from WV.
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Old July 13th, 2011, 12:33 PM   #4
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Drive to your house yes. Store at your house overnite yes. To / from range yes. From your house back to state line yes. Handgun in trunk while going shopping , out to dinner, visiting friends , no.
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Old July 13th, 2011, 12:49 PM   #5
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Drive to your house yes. Store at your house overnite yes. To / from range yes. From your house back to state line yes. Handgun in trunk while going shopping , out to dinner, visiting friends , no.
Thanks for the clarification.
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Old February 14th, 2013, 04:02 PM   #6
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[I am asking my question in this old thread because I thought it better than creating a new one on the same topic]

This is also unclear to me. How exactly is Person A allowed to carry from his home to the home of Person B in WV? WV Code 61-7-6 says the person has to be carrying from his or her own home to and from a range, or to and from the store of purchase or repair. I don't see mention of carrying to a friend's or relative's home. Maybe I am missing something, either in state law or in FOPA?
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Old February 20th, 2013, 07:26 AM   #7
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This is all good info to know I am planing to do a trip to wv soon.
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Old February 20th, 2013, 08:49 AM   #8
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Originally Posted by Tashtego View Post
[I am asking my question in this old thread because I thought it better than creating a new one on the same topic]

This is also unclear to me. How exactly is Person A allowed to carry from his home to the home of Person B in WV? WV Code 61-7-6 says the person has to be carrying from his or her own home to and from a range, or to and from the store of purchase or repair. I don't see mention of carrying to a friend's or relative's home. Maybe I am missing something, either in state law or in FOPA?
I think you have to read the section in its entirety. 61-7-6 is a list of exemptions for activities that may otherwise require a carry permit.
Here's the full section: http://www.legis.state.wv.us/wvcode/...rt=7&section=6


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Old February 20th, 2013, 09:04 AM   #9
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Here is a web link to get to all of the state laws: http://www.atf.gov/publications/fire.../31st-edition/

Here are WV Laws: http://www.atf.gov/publications/down...ginia-2010.pdf

Here are MD Laws: http://www.atf.gov/publications/down...yland-2010.pdf


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Old February 20th, 2013, 12:26 PM   #10
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I think you have to read the section in its entirety. 61-7-6 is a list of exemptions for activities that may otherwise require a carry permit.
Here's the full section: http://www.legis.state.wv.us/wvcode/...rt=7&section=6
Thanks BCR. But if I put a firearm in my car and take it to my friend or relative's house, I am carrying. Therefore, I need a carry permit, unless I fall into one of those exemptions. And I don't see "going to a friend or relative's house who gives me permission to bring a gun," or even "shooting at a friend or relative's property with their permission," among those exceptions.

So I recognize I might be missing something--I am asking what it is.

Am I not "carrying" when I do those things, and if so, how does the statute say I am not carrying? Or, am I exempt from the carrying ban in those situations, and if so under which exemption?

Finally, is it possible that we might be MORE protected going across state lines to a friend or relative's property to legally shoot, if FOPA protects us from anti-carry laws in those circumstances, whereas in-state laws do not? In other words, if we can show it is legal in WV to shoot at a friend's private property with his permission, would it not be true that FOPA would protect me crossing state lines to a friend's property in WV to legally shoot? Whereas if I was in Maryland going to a Maryland friend's property to shoot, or if I was in WV going to a WV friend's property to shoot, FOPA would not apply and I would be stuck with no exemption from anti-carry laws?

Again I am honestly trying to figure out how this works. Thanks for all your input!
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Old March 3rd, 2013, 01:09 PM   #11
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i'm not 100% but i think carrying means on your person, or readily available and loaded when in a vehicle
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Old March 3rd, 2013, 01:21 PM   #12
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Quote:
Originally Posted by Tashtego View Post
Thanks BCR. But if I put a firearm in my car and take it to my friend or relative's house, I am carrying. Therefore, I need a carry permit, unless I fall into one of those exemptions. And I don't see "going to a friend or relative's house who gives me permission to bring a gun," or even "shooting at a friend or relative's property with their permission," among those exceptions.

So I recognize I might be missing something--I am asking what it is.

Am I not "carrying" when I do those things, and if so, how does the statute say I am not carrying? Or, am I exempt from the carrying ban in those situations, and if so under which exemption?

Finally, is it possible that we might be MORE protected going across state lines to a friend or relative's property to legally shoot, if FOPA protects us from anti-carry laws in those circumstances, whereas in-state laws do not? In other words, if we can show it is legal in WV to shoot at a friend's private property with his permission, would it not be true that FOPA would protect me crossing state lines to a friend's property in WV to legally shoot? Whereas if I was in Maryland going to a Maryland friend's property to shoot, or if I was in WV going to a WV friend's property to shoot, FOPA would not apply and I would be stuck with no exemption from anti-carry laws?

Again I am honestly trying to figure out how this works. Thanks for all your input!

You might want to look into getting one of the non-resident carry permits (Utah, VA, Florida, etc) because you will have more flexibility to travel and stop in WV. Also consider applying for the free Maryland Designated Collector status. They send you a letter back confirming your status and you carry a copy of it in your glove box or in your gun bag. If there is a traffic stop in MD you have an opportunity to say you are traveling with part of your collection in order to display it to an interested buyer.
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Old March 3rd, 2013, 04:47 PM   #13
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Thanks R&R--I was thinking the same thing! Need to find time to get to one of those Utah classes...
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Old March 3rd, 2013, 09:41 PM   #14
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What I sent my brother who crosses over the mountain to WV. The State Police FAQ recommends ammo and firearm separation.


Below is the section of the FOPA law concerning vehicle transport. Note the bold section. The way I read it if you are driving a minivan, SUV or truck, the firearm and ammo ARE accessible from the passenger compartment and must be in a locked container. A padded gun sock won't do. I use a cheap Masterlock with rotary tumblers (no key) and put it over the carry handle. Or buy an airline approved case. There are plastic ammo boxes (MTM) or a USGI ammo can but I'm not sure what lock will work. This is good for most interstate travel except NY and NJ. Always check the states that you are passing through.

18 U.S.C. 926A. Interstate transportation of firearms

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.


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Old March 3rd, 2013, 11:08 PM   #15
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Thanks PW. I think FOPA is the right law for transporting across state lines, and you are interpreting it correctly. My question is about the FOPA requirement that in the place you're going, you have to be possessing the firearm and have a purpose that are "lawful." Is it lawful in WVa to have your firearm at your friend or relative's house if they consent? If the answer to that question is yes (and I would like confirmation on that, if anyone has it), then I agree that FOPA would protect someone going from Md to WVa to their friend or relative's house. But then my second question kicks in: what if someone from Md is going to a Md friend or relative's house, or someone from WVa is going to a WVa friend or relative's house? FOPA would not apply because it is in state. And it seems to me that "taking a firearm to a friend's house with his consent" is not one of the exceptions that Maryland or WVa says they will let you conceal-carry in your vehicle without a carry permit (though W Va apparently lets you open carry in a vehicle, if the other threads here are correct). The in state carry in vehicle exceptions are limited to going to ranges and the like, as far as I can tell. There is no Md equivalent of FOPA which says you can conceal carry in your vehicle if you are headed somewhere for "any lawful purpose" at the destination, like showing off your gun to your buddy, or shooting it lawfully on his property, unless I missed that exception. So, because of FOPA, it might be easier for a Md resident to take his gun to a friend's house in WVa than it is for a Md resident to take it to a friend's house in Md. Unless I am overlooking something--which is why I am asking here.
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Old March 4th, 2013, 02:33 PM   #16
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I tried looking for "official" information not forum chit-chat. Really couldn't find any. I didn't lexis-nexis for specific state code. That would answer any specific questions.WV is pretty general including an "in plain sight" transport. I would regard parks and "sensitive" locations i.e. schools and .gov buildings too be avoided, unloaded and not readily accessible until I reached my destination. I don't know about local ordinances. Maryland however, has specific transport law.


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Old March 5th, 2013, 12:01 AM   #17
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In Md * Formal or informal target shooting * IS included in exceptions , so going to shoot at the private range unpon his property is covered. If one is *bonafide collector* , one had Designated collector letter or possably other means of establishing your Collector Status , the participating in a Private Exhibition is covered in state.

The WV statute specifically relates to concealed, so under the auspicies of WV State code you could just strap on openly.

WV Code does mention that carrying in a storage compartment in the vehicle being concealed. Knowing some of the recent era Legislative history , they undoubtedly intended to mean glove compartments , consoles , and map pockets. One could hypothetically twist "storage compartment" into a trunk or equiv , but I haven't read up on WV case law on that.
The WVSP website will list their concept of *prefered practices* , but it has no conection to State Law. At times the website has posted directly incorrect information , seemingly delibertly , so that would be a less reliable source than their AG or Dept of legislative Services.
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Old March 5th, 2013, 02:06 PM   #18
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Thank you for the note about "informal target practice" in Md! I now see the section you are talking about, where the anti-carry law in Md. does not cover:

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;
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Old March 5th, 2013, 02:39 PM   #19
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I travel to PA every year for hunting season and hunt with my AR. I sometimes take my AR with me to shoot at my brother's range. I called MSP, and they told me I can take my gun across the state lines as long as I'm NOT planning to sell - I must maintain ownership. My intention must be to use it for hunting or going to the range. Also, noted, must adhere to host State gun laws.
My steps: drive to my brother’s house in PA, unload the gun and store it in his Gun safe during my stay. I take gun out of safe to go to the range, hunt, or head back home to MD.
My brother and his friends went on an Elk hunting trip to Colorado and drove from PA last year. They contacted the PA State police was told the same thing.

Short answers, go ahead and enjoy your 2A rights at the range, and simply follow the host State gun laws. Remember, just don't sell the gun, and report ASAP if stolen.
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Old March 28th, 2013, 09:22 AM   #20
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I travel from Delaware through Maryland to Wva a few times a year to visit family and shoot on the family property. No matter what vehicle I take I put locks directly on the gun to prohibit function and I lock the ammo up in dry boxes. More importantly I don't give cops a reason to search my car if I'm pulled over. I don't have booze or drugs and am curtious.
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