carrying firearms on off-road vehicles

So, question on that one. Especially as it relates to carry on your own property, is it legal to carry a LOADED firearm on an off-road (or even on-road) vehicle on your own private property? The transport law looks like it wouldn't care if the vehicle is on-road or off-road. But it also seems like it would probably be okay.

I can find MD Natural Resources law

(c)(1) A person may not shoot at any species of wildlife from an automobile or other vehicle or, except as provided in § 4-203(b) of the Criminal Law Article and Title 5, Subtitle 3 of the Public Safety Article, possess in or on an automobile or other vehicle a loaded handgun or shotgun, or a rifle containing any ammunition in the magazine or chamber.

From the wear and carry law, which is § 4-203

One may not

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

Exception is under (b) referenced by the natural resource law

(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;

Public safety law referenced is about the issuance of said permit.

So that doesn't cover a long gun at all.

I am thinking along the lines of a future property. I'd really like to buy somewhere between 20-40 acres. It would be nice, and nice to know, if it would be legal to have a loaded rifle on an ATV or tractor on the property, or if an NRP officer ever checked if I'd be in a world over trouble.

Which it sounds like the law doesn't really provide an exception for long guns, just handguns on your own property. Which, I guess nice to know if I was carrying around a pistol on my property I don't have to unload it if I step on an ATV or tractor (or even my own car or truck, so long as I wasn't leaving the property).

Or in this case because the law is referencing that section of the public safety law and expands to say where exempted by that subsection that handguns, shotguns and rifles can't be loaded on or in a vehicle, that it is applying the exception in the public safety law to all firearms?

Private Property - I'm sure you're GTG.
You are not hunting.

Natural Resources Article § 10-41 O( c)(1):

(1) A person may not shoot at any species of wildlife from an automobile or other vehicle or, except as provided in § 4-203(b) of the Criminal Law Article and Title 5, Subtitle 3 of the Public Safety Article, possess in or on an automobile or other vehicle a loaded handgun or shotgun, or a rifle containing any ammunition in the magazine or chamber.

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Doesn't matter if you are "not hunting", you cannot have a loaded firearm in a vehicle unless you have a W&C permit, and then its limited to handguns.



https://law.justia.com/codes/maryland/2010/natural-resources/title-10/subtitle-4/10-410/

I’ve heard of people being cited on private lands while riding four wheelers/ atv- utv with loaded long guns in more than one state but never directly experienced the issue.
Many people keep guns in or near farm trucks, tractors in a lot of different places.
I never heard of a problem in that regard.
I seem to remember when I lived oos with my permit I could carry while riding but not while engaged in hunting.
I don’t feel the need to be loaded up when traveling locally on my atv or in an Argo or something anyway and make sure that’s not happening when others are with me. It’s a teachable moment and not necessary in my opinion.

Rab1515 said:

Natural Resources Article § 10-41 O( c)(1):





Doesn't matter if you are "not hunting", you cannot have a loaded firearm in a vehicle unless you have a W&C permit, and then its limited to handguns.



https://law.justia.com/codes/maryland/2010/natural-resources/title-10/subtitle-4/10-410/

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How about a handgun in an enclosed holster on the hip, with a full magazine in a mag holder on the other? Technically the handgun is unloaded and in an enclosed holster, meeting transport requirements. If you needed it, slap a mag in and rack it. I choose handgun to avoid the loaded magazine language tied to rifles.

Rab1515 said:

Natural Resources Article § 10-41 O( c)(1):





Doesn't matter if you are "not hunting", you cannot have a loaded firearm in a vehicle unless you have a W&C permit, and then its limited to handguns.



https://law.justia.com/codes/maryland/2010/natural-resources/title-10/subtitle-4/10-410/

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I quoted it above and also what the exception is that passage cites. Which includes private roads on private property.

You sure as heck can’t hunt from a vehicle unless you are disabled and have a waiver. So the citations could be because of straight suspected hunting on private land from a vehicle.

But yes, I am not saying I am asking because I want to argue you can and I know I am right.

But the law seems unclear as if being on private property is an exception. It sort of seems to be. It sure is for a loaded handgun unless I am BADLY reading the law wrong. It seems like it might exempt long guns to, but my legalese reading is way less clear on that.

I had asked one of my LEO buddies, and you can carry a long gun in your vehicle un loaded cased all day in MD. If you are on your own property the same rules apply. If you are on your property you can carry a hand gun loaded and exposed. If you carry a hand gun loaded/unloaded in any type of vehicle on your property you could be arrested as they would go by the current gun laws when transporting hand guns. MD does not delineate from the word vehicle, a 4x4 side by side, tractor or other off road vehicles could be considered the same as a car or truck. He basically said regardless transporting a hand gun is specific, to and from range, shooting events, target practice and since straight wall cases are use from hunting to and from hunting areas.

Son-in-law retired Jersey Conservation Officer, asked him the question - all of our laws dealt with “while hunting” on ur personal property

Harrys said:

I had asked one of my LEO buddies, and you can carry a long gun in your vehicle un loaded cased all day in MD. If you are on your own property the same rules apply. If you are on your property you can carry a hand gun loaded and exposed. If you carry a hand gun loaded/unloaded in any type of vehicle on your property you could be arrested as they would go by the current gun laws when transporting hand guns. MD does not delineate from the word vehicle, a 4x4 side by side, tractor or other off road vehicles could be considered the same as a car or truck. He basically said regardless transporting a hand gun is specific, to and from range, shooting events, target practice and since straight wall cases are use from hunting to and from hunting areas.

Click to expand...

Oh really, what department does your buddy work for? (I'm really hoping he didn't understand what you were trying to ask him.)

If it's private property why are you worrying about anyone being there?

I'm not an expert on New Jersey laws . But Maryland Sec 10-41 is state wide .

basscat said:

If it's private property why are you worrying about anyone being there?

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NRP can go onto private property without a warrant.

Doctor_M said:

NRP can go onto private property without a warrant.

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That doesn't make private property you own a "road or parking lot generally used by the public, highway, waterway, or airway of the State".

Loaded firearms are prohibited in vehicles regardless of you being on a road (with exceptionfor CCW permit). Loaded long guns are not allowed in vehicles even on private property.

Doctor_M said:

Loaded firearms are prohibited in vehicles regardless of you being on a road (with exceptionfor CCW permit). Loaded long guns are not allowed in vehicles even on private property.

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Cite the literal charge for that.

The quoted section in my post above yours is the language provided and is an element of the crime. Is there a separate section that specifically says "On private property" as an element regarding transport?

Doctor_M said:

Loaded firearms are prohibited in vehicles regardless of you being on a road (with exceptionfor CCW permit). Loaded long guns are not allowed in vehicles even on private property.

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That much is very much not true. Handguns are absolutely excepted. The law does say loaded firearms are not and also says except for the public safety statute about wear and carry and it ALSO says with the exception of the stuff under transport laws.

Private property is under the transport law as an exception.

Maryland does not distinguish on manner of carry if it is your property you are on. Period. Same with while hunting. It does for most other transportation activities it states it must be cashed or an enclosed holster and unloaded. On your property you can carry it openly, concealed loaded or unloaded in or out of a vehicle. Full stop. The law is pretty darned clear about that.

One of the exceptions is

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

Whatever you want to do with it so long as you aren’t brandishing it and you are good to go.

Since the loaded in a vehicle probation specifically references the Maryland handgun transport subsection for what exceptions apply.

Several of the exceptions under the handgun transport law SAY it has to be cased/holstered and unloaded. Therefore, still needs to be unloaded. But your private property has no such prohibitions. So you are excepted.

And I’d be fully willing to take that one to court and not bat an eye. But the Maryland transport law is referring to HANDGUNS so it’s unclear to me if the exceptions in that law transfer to long guns, or if the exception were meant to (and by the semantics of the language used) exclude long guns.

That said, if you want to look real close at the law it also says hunting is an exception, but it has to be cases, or holstered in an enclosed holster and unloaded while engaged in the activity or traveling to or from.

Not sure how useful it is to be hunting with an unloaded handgun in an enclosed holster the entire time. Or are you supposed to only have it loaded while in your hand?

Harrys said:

I had asked one of my LEO buddies, and you can carry a long gun in your vehicle un loaded cased all day in MD. If you are on your own property the same rules apply. If you are on your property you can carry a hand gun loaded and exposed. If you carry a hand gun loaded/unloaded in any type of vehicle on your property you could be arrested as they would go by the current gun laws when transporting hand guns. MD does not delineate from the word vehicle, a 4x4 side by side, tractor or other off road vehicles could be considered the same as a car or truck. He basically said regardless transporting a hand gun is specific, to and from range, shooting events, target practice and since straight wall cases are use from hunting to and from hunting areas.

Click to expand...

Rule #1, don’t ask advice about the law from a LEO.


Sent from my iPhone using Tapatalk

https://law.justia.com/codes/maryland/2010/criminal-law/title-4/subtitle-2/4-203/

(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;

Click to expand...

So if you're on your property, 4-203 doesn't GAF about how you carry provided that you're not brandishing it. The natural resources part just says it can't be loaded. However it only mentions loaded magazines in reference to rifles, allowing for loaded handgun magazines. So, an unloaded handgun with a magazine over in a mag carrier would satisfy both if you're on your property. If not and traveling between exempted places, the unloaded handgun would just have to be in an enclosed case or holster.

AR pistols are pistols btw.

If I am on MY property and choose to haul seversl firearms, loaded/unloaded, inside out or upside down, to the back 40 so I can target shoot exactly HOW am I breaking the law? I am driving on MY property not a public road.

Seems to me ADR has tried to clarify this up thread.

smokey0118 said:

https://law.justia.com/codes/maryland/2010/criminal-law/title-4/subtitle-2/4-203/


So if you're on your property, 4-203 doesn't GAF about how you carry provided that you're not brandishing it. The natural resources part just says it can't be loaded. However it only mentions loaded magazines in reference to rifles, allowing for loaded handgun magazines. So, an unloaded handgun with a magazine over in a mag carrier would satisfy both if you're on your property. If not and traveling between exempted places, the unloaded handgun would just have to be in an enclosed case or holster.

AR pistols are pistols btw.

Click to expand...

Legally the reference to magazine means a magazine IN the firearm.

rifle containing any ammunition in the magazine or chamber.

THE is important. It doesn't say in a long gun, handgun or shotgun magazine. It says THE rifle magazine. You can carry loaded mags in your vehicle. Just don't have them inserted in to the firearm. Or in a bolt action/lever gun, don't have them in the magazine/tube, but the chamber empty (and don't have one chambered).

To be clear, the natural resources law says that ALL OF THE EXCEPTIONS to handgun transport laws and the wear and carry law apply to the this natural resources law saying you cannot have a loaded handgun, shotgun or rifle in or on your vehicle.

So being on your private property exempts you. BUT that transport law is specifically referencing handguns. My question is, is the way the natural resources law written means that the exceptions in the handgun transport law transfers to ALL firearms mentioned in the natural resource law? Or is it just saying that handguns do, because the handgun transport law is specifically covering handguns for transport?

I sort of think it is exempting ALL firearms. The handgun transport law is specifically calling out things like deputized sheriffs, police, military in the performance of their jobs, etc. are all exempt from the HANDGUN transport rules.

I am not aware of anywhere else in Maryland code where there would be exceptions to a loaded rifle, shotgun or handgun in a vehicle. So if all of those exceptions are not transferred to ALL firearms instead of just handguns the way the natural resources law is written, than police and military cannot carry a loaded long gun in a vehicle. Which is more than a little stupid (or everyone just ignores Maryland natural resources law for police and military).

I guess I am being super argumentative about the handgun part, but I feel like its pretty clear how the law is written and if you are on YOUR private property it doesn't matter if you have a W&C. So long as it is not a public road way (which seems unlikely you'd have a public road way on your private property), you can absolutely transport, wear or carry a loaded handgun however the heck you want in or on a vehicle. The Natural resources law very specifically says again

(c)(1) A person may not shoot at any species of wildlife from an automobile or other vehicle or, except as provided in § 4-203(b) of the Criminal Law Article and Title 5, Subtitle 3 of the Public Safety Article, possess in or on an automobile or other vehicle a loaded handgun or shotgun, or a rifle containing any ammunition in the magazine or chamber.

SEE BOLDED PART. The except as provided is referring to the handgun transport law and the W&C law. The handgun transport law very specifically EXEMPTS INDIVIDUALS ON THEIR OWN PRIVATE REAL ESTATE OR WHERE THEY RESIDE. But it is in reference to HANDGUNS

So again, maybe an actual lawyer can point out to me that the clear reading of the law is wrong, but the clear reading is...just that. Clear. If it is your property, the law says that you are exempt from the natural resources law about a loaded handgun on or in a vehicle.

You still MAY NOT shoot any wildlife from an automobile or other vehicle. Unless you've got that disability waiver (see later in the law).

Separate question looking through the laws (yay for me to add more questions), looking at the handgun transport laws, it includes "engaged in the act of" as well as transporting too and from as it applies to hunting and target shooting and a handgun being unloaded and cased or in an enclosed holster. Stupid question, how do you hunt or target shoot with a pistol in a case or enclosed holster? Or does it just mean when not ACTIVELY doing something with the firearm it needs to be in a case or enclosed holster? Anyway, that bit seems stupid. I can't imagine the state is trying to say you can't take a handgun out of a case or holster to shoot an animal or target. Or that while actually target shooting or hunting your holster has to be an enclosed one. Though maybe I am wrong about that.

The relevant language is "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;"

I am guessing in this case the commas and the single OR are what are important saying if the person is engaged in, then they are excepted and separately (separated by the comma) on the way to, or returning means it has to be unloaded and carried in an enclosed case or enclosed holster.


So, the question is, does § 4-203 in the natural resource law except long guns? Or is it only excepting handguns if you are on your own private property and not on a public roadway?

Second question, how the hell do you interpret the stupid handgun transport law for target shooting and hunting? I assume it doesn't have to be in a case or enclosed holster while actually hunting or target shooting despite the "engaged in" language.