Can a maryland resident get a ccp in pa?

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  • FRISteve

    Active Member
    Apr 2, 2012
    113
    Dover, PA
    Dammit I hit send too soon ha. As a MD resident... We can only transport a gun if we're going to the range or a shop etc... Legally. So if I were to go to PA for the day and I wanted to carry (having a Utah permit) wouldn't the drive from MD to PA be illegal since I'm not going to the range or a place to use the gun? Id be driving it "just because". Of course you could always say you were going to the range but still.. Just curious about the fine print.

    Worst case scenario if you had to use your weapon when in PA... As a MD resident you could get nailed for the illegal transport in the first
    Place?

    No. The restriction in MD about directly to and from the approved places is MD law for INTRASTATE travel. For INTERSTATE travel, the FOPA is the Federal law that covers your legal transport.
     

    mrjam2jab

    Active Member
    Jul 23, 2010
    682
    Levittown, PA
    If your state has a permit system, you must have that permit before PA will issue a non-resident. Just like NH.

    Actually, for NH you can have one issued by ANY other state.

    NH Application page 2

    A non-resident pistol permit will not be issued unless you supply:
    1) A copy (front & back) of your valid concealed carry permit issued by the state, county, or town in which you reside, or a valid concealed per mit issued by any other state.
     

    ivwarrior

    Active Member
    Jul 20, 2010
    282
    No. The restriction in MD about directly to and from the approved places is MD law for INTRASTATE travel. For INTERSTATE travel, the FOPA is the Federal law that covers your legal transport.

    But doesn't FOPA only cover you on "pass through" states on your trip? I'm pretty sure your transport has to be legal in your start and destination states. It would cover a VA resident passing through MD on his way to PA, but not a MD resident heading to PA.
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,394
    Westminster USA
    See unofficial AG Opinions. AG Bowen says you MIGHT not have FOPA protections when going to or from another state while in MD.

    MD 4-203 applies
     

    Attachments

    • MD AG opinin on travel 4-203.pdf
      15.4 KB · Views: 88
    • MD AG ruling FOPA.pdf
      30.2 KB · Views: 91

    Tylenator

    Active Member
    May 18, 2012
    148
    Carroll County
    OPTION 1

    ivwarrior said:
    But doesn't FOPA only cover you on "pass through" states on your trip? I'm pretty sure your transport has to be legal in your start and destination states. It would cover a VA resident passing through MD on his way to PA, but not a MD resident heading to PA.

    OPTION 2

    FRISteve said:
    No. The restriction in MD about directly to and from the approved places is MD law for INTRASTATE travel. For INTERSTATE travel, the FOPA is the Federal law that covers your legal transport.

    How can we find out for sure? If option 1 is whats legal.. Then there is no purpose at all for a MD resident to have a Utah permit bc we couldn't legally get the gun into a state where we could carry
     

    Minuteman

    Member
    BANNED!!!
    There are a lot of great ranges in PA. http://www.portal.state.pa.us/portal/server.pt?open=514&objID=620410&mode=2

    Some of them are quite far though.

    My understanding is you are legal to properly transport your firearms to PA to go shooting (among other allowed reasons). While you are in PA, feel free to ccw with your Utah permit. Enjoy your visit, feel free to shop, eat, take in the sites on your way to the range, it's a beautiful state that respects your right to carry.

    If the day gets long or for any reason you don't make it to the range you were planning to visit, no worries, you can try again next time you plan to visit PA. Plans change, stay flexible. Just remember the second you cross back into your home state of Maryland you immediately transform from a lawful ccw person into a criminal because the gun is not unloaded and in an enclosed case or holster. Don't try fixing this problem at 55 mph, better to pull over to make yourself legal and a much more vulnerable target.

    Crazy huh? Welcome to the "free state" (MD), free for criminals to rob.
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,394
    Westminster USA
    If I am stopped in MD while coming back or going out of state, my plan is to inform the LEO I am moving part of my collection for show purposes. Legal under 4-203. Another reason to get MD Designated Collector status. Either that or use I am coming/going to ta range. Based on what the AG stated, I wouldn't try to use FOPA as an affirmative defense. If it fails and you then try to use another reason, it would weaken your defense IMO.

    Clear as mud as usual.
     

    Tylenator

    Active Member
    May 18, 2012
    148
    Carroll County
    So finally a black and white answer. If I go to PA for the day to see family or whatnot, as a MD resident I can't legally bring my gun along for the sole purpose of carrying. I have to fall into one/some of the legal reasons MD has for transporting firearms. Unless you lie and say you were going to the range or something. Lying isn't my style though.
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,394
    Westminster USA
    According to the AG, you are correct. Become a MD Designated Collector. You are then legally protected while "moving" all or part of your collection.

    MD 4-203:
    (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;
    No definition of bona fide. Designated Collector status removes all ambiguity IMO.

    What a mess.
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,394
    Westminster USA
    The other problem for attempting use of FOPA as a defense while in MD is how you would prove to anyone that if you are stopped in MD either going to or returning from another state, how would you prove your origin or destination was out of MD? You're a MD resident stopped in MD by LE.

    I wouldn't try to use FOPA until Woolard is completely resolved.
     

    Minuteman

    Member
    BANNED!!!
    I suggest you do not lie or break the law. I do suggest you take reasonable steps to protect yourself and family and obey the law. As long as you are setting out to go to a range in PA, you are good; whether you make it to that range or not is not an issue. As swinokur states, if you are a bona fide gun collector, you could be on your way to show it to someone. As a Designated Collector there is no doubt that you are bona fide.

    define: exhibition -to display or demonstrate
     

    FRISteve

    Active Member
    Apr 2, 2012
    113
    Dover, PA
    If I am stopped in MD while coming back or going out of state, my plan is to inform the LEO I am moving part of my collection for show purposes. Legal under 4-203. Another reason to get MD Designated Collector status. Either that or use I am coming/going to ta range. Based on what the AG stated, I wouldn't try to use FOPA as an affirmative defense. If it fails and you then try to use another reason, it would weaken your defense IMO.

    Clear as mud as usual.

    Or you were going target shooting (either formal or informal), which is also legal.
     

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