Keeping rifle in car in md. Legal?

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  • Slowhand

    Pre-Banned
    Dec 13, 2011
    1,869
    In a van, down by the river.
    Think just one cartridge case will land you in hot water. Unless my destination is (IN) DC, which rarely happens, I will travel whatever distance to avoid that ********.

    And I so want to drive thru the district discretely leaving a trail of spent, non-suitable for reloading 5.56 and 9mm shells, especially in the mall area, or in front of police HQ. Perhaps dropped from a container fixed beneath the vehicle and remotely opened.
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,394
    Westminster USA
    And I so want to drive thru the district discretely leaving a trail of spent, non-suitable for reloading 5.56 and 9mm shells, especially in the mall area, or in front of police HQ. Perhaps dropped from a container fixed beneath the vehicle and remotely opened.

    Your beef is not with MPDC or the Mall. Go right to ther District Building. That's where the infringers reside.

    Next stop is Capitol Hill because the do nothing Congress allows DC to make a mockery of the COTUS.
     
    Last edited:

    kenpo333

    Ultimate Member
    Industry Partner
    MDS Supporter
    Mar 18, 2012
    3,322
    Salisbury Maryland
    State Trooper who works with us says a magazine detachable or not should be unloaded. Magazine is part of the firearm in his opinion.
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,394
    Westminster USA
    well, the AG feels differently.
    .

    ETA-I forgot this applies to handguns. Disregard.
     

    Attachments

    • AG Opinion Loaded mags.pdf
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    outrider58

    Eats Bacon Raw
    MDS Supporter
    Jul 29, 2014
    49,815
    State Trooper who works with us says a magazine detachable or not should be unloaded. Magazine is part of the firearm in his opinion.

    well, the AG feels differently.
    .

    That's what sucks about these statutes. The people charged with their enforcement don't always know the law, which can mean a shitty night in jail and following calamities for some poor schmuck.
     

    Inigoes

    Head'n for the hills
    MDS Supporter
    Dec 21, 2008
    49,365
    SoMD / West PA
    That's what sucks about these statutes. The people charged with their enforcement don't always know the law, which can mean a shitty night in jail and following calamities for some poor schmuck.

    If you are charged with the DNR law and taken before the commissioner, you can also arrest the officer for the same crime, as a citizens arrest.

    Yes, he will have to explain why he arrested you for the same thing he was doing to the commissioner.

    If you go that path, know the law inside and out, because you will be held personally liable, if you are wrong.
     

    jmichael99

    Member
    Nov 9, 2011
    12
    Martinsburg, WV
    The KelTec Sub2k is often my MD car carry choice due to size and convenience. I carry the rifle, folded, and unloaded, but with loaded mags. Just don't drive onto school parking lots or enter federal facilities. If there's a kid in the car, I make sure it's inaccessible to them. KelTec makes a slim, black carry case for the Sub2k such that it's close to the size of a laptop and easily slips in a backpack. The soft cover case will also secure a couple of mags inside.

    Even for subjects that I'm now familiar with, I appreciate your continued contributions to educate the community. We're lucky to have you. Happy Independence Day.

    Sent from my Nexus 5X using Tapatalk

    Thanks for the replays everyone.

    Also. I work in Frederick county (live in Wv). Good to hear from someone local to work.
     

    Park ranger

    Ultimate Member
    Dec 6, 2015
    2,315
    If you are charged with the DNR law and taken before the commissioner, you can also arrest the officer for the same crime, as a citizens arrest.

    Yes, he will have to explain why he arrested you for the same thing he was doing to the commissioner.

    If you go that path, know the law inside and out, because you will be held personally liable, if you are wrong.

    It's a payable ticket. No one is going to take the time to drag you to the commissioner unless you got lots of other stuff going on.
     

    Ellis Gordon

    gordoninmontgomerycounty
    Jan 25, 2016
    76
    Bethesda, MD
    The KelTec Sub 2000, when in the folded position, creates an inoperable firearm. When the Sub 2000 is folded, the firing pin and bolt assembly are separated from the chamber. It is impossible for the Sub 2000 to be fired from the folded position. This inoperable state, when folded, may be helpful when transporting a Sub 2000 in a vehicle and may offer some additional legal protection over transporting an operable firearm.
     

    traveller

    The one with two L
    Nov 26, 2010
    18,259
    variable
    well, the AG feels differently.
    .

    The AG specifically states 'handgun' and 'under the provisions of 4-203'. I dont see how this nonbinding opinion letter from a low level attorney at the AGs office has any bearing on carrying a rifle under the DNR regs.
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,394
    Westminster USA
    Agree. I stand corrected. He is referencing 4-203, so a loaded magazine in a vehicle for a rifle would be a bad idea.

    Then we fall back to legislative intent. The DNR statute says "THE magazine or chamber" insinuating a magazine in the rifle. But because it's so vague I would not have a loaded magazine for a rifle in my vehicle until there is either case law or AG opinion.

    sorry for the confusion
     

    redeemed.man

    Ultimate Member
    Apr 29, 2013
    17,444
    HoCo
    The KelTec Sub 2000, when in the folded position, creates an inoperable firearm. When the Sub 2000 is folded, the firing pin and bolt assembly are separated from the chamber. It is impossible for the Sub 2000 to be fired from the folded position. This inoperable state, when folded, may be helpful when transporting a Sub 2000 in a vehicle and may offer some additional legal protection over transporting an operable firearm.
    Additional legal protection from what? There are zero transport restrictions on unloaded long guns in most jurisdictions in MD. If someone is hard up to charge you with some made up violation, folded or unfolded isn't going to make a difference IMO.
     

    redeemed.man

    Ultimate Member
    Apr 29, 2013
    17,444
    HoCo
    State Trooper who works with us says a magazine detachable or not should be unloaded. Magazine is part of the firearm in his opinion.

    well, the AG feels differently.
    .

    ETA-I forgot this applies to handguns. Disregard.

    Per our other conversation....... That letter references handguns. Does that also apply to rifles ?

    The AG specifically states 'handgun' and 'under the provisions of 4-203'. I dont see how this nonbinding opinion letter from a low level attorney at the AGs office has any bearing on carrying a rifle under the DNR regs.

    Agree. I stand corrected. He is referencing 4-203, so a loaded magazine in a vehicle for a rifle would be a bad idea.

    Then we fall back to legislative intent. The DNR statute says "THE magazine or chamber" insinuating a magazine in the rifle. But because it's so vague I would not have a loaded magazine for a rifle in my vehicle until there is either case law or AG opinion.

    sorry for the confusion
    I don't find this language to be ambiguous at all. The rifle must "contain" a loaded magazine as per the law. I can't see how anyone can claim: a magazine not inserted into a weapon = a rifle containing the magazine.

    Legislative intent is also important and I find it hard to believe that this legislative intent is anything other than trying to find a way to make it difficult for someone to "hunt" from in or on their vehicle.

    IANAL but I feel perfectly comfortable toting a Sub2K in my truck with loaded magazines not inserted.
    da4120b492a3cb5eb87889aa3bc46a52.jpg
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,394
    Westminster USA
    I am not a hunter nor do I plan on carrying a rifle in my vehicle for SD.so I have no dog in this fight. I do agree the use of the phrase

    "Containing any ammunition in the magazine or chamber "refers to a magazine in the rifle, not anything else. I also agree the intent is to prevent hunting from a vehicle.

    so a loaded magazine NOT in the rifle would seem legal.

    IANAL and YMMV.

    I am zero for two in this thread.
     

    redeemed.man

    Ultimate Member
    Apr 29, 2013
    17,444
    HoCo
    I am not a hunter nor do I plan on carrying a rifle in my vehicle for SD.so I have no dog in this fight. I do agree the use of the phrase

    "The magazine or chamber "refewrs to a magazine in the rifle, not anything else. Ialso agree the intent is to prevent hunting from a vehicle.

    IANAL and YMMV.
    Doesn't often apply to me as I have a MD W&C and wouldn't carry the Sub2K on a daily basis. In any event I agree, YMMV, too many variables to give advice to anyone.
     

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