MSP: TRAFFIC VIOLATIONS LEAD TO RECOVERY OF THREE GUNS ON I-81

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  • Darkemp

    Ultimate Member
    MDS Supporter
    Aug 18, 2009
    7,808
    Marylandistan
    Papers now! You must prove your innocence to me on the side of the road!

    BGOS, much? You are innocent until proven guilty in a court of law. You don't have to show documentation of any kind to anybody but your lawyer. The state must prove you are guilty of committing a crime, not you proving your innocence.

    Believe me, until you start playing the NFA game you don't know what it's like having to carry documentation. But then again you are only required to show the NFA documentation to a ATF agent. Nobody else can demand to see it.

    Could be the BGOS in me, Maryland is good for that...of course the military checkpoints in our nation’s capital don’t bolster my faith either in due process under our rights. For the record I have only been pulled over once in the last 15 years and I got a warning and wasn’t even asked about weapons or anything in a fishing expedition.
     

    DaemonAssassin

    Why should we Free BSD?
    Jun 14, 2012
    23,970
    Political refugee in WV
    Could be the BGOS in me, Maryland is good for that...of course the military checkpoints in our nation’s capital don’t bolster my faith either in due process under our rights. For the record I have only been pulled over once in the last 15 years and I got a warning and wasn’t even asked about weapons or anything in a fishing expedition.

    :rolleyes:

    They don't care about that if you're being pulled over.
     

    esqappellate

    President, MSI
    Feb 12, 2012
    7,407
    Just my $0.02 here:

    1. He was observed not following the law and rightfully pulled over. Rule #1 is to not do anything that could get you pulled over. This whole mess could have been a non-issue.

    2. Dumbass had a gun in his glovebox. That charge will likely stick. This also pisses me off. I'm not privileged or threatened enough to get a CCW from the gubment, yet this guy just does it with total disregard. It doesn't matter if he "forgot" it was there either.

    3. AK in the trunk is fine. You can be charged for crimes that factually don't pan out. I defended a client who was charged in Baltimore City for carrying a concealed handgun. He had a CCW and was on his own property, so two major exceptions applied, but he was still charged. I don't see the "assault weapons" charges sticking.

    I hope you sued them for false arrest!
     

    sickpuppyz

    your mom sends me care packages
    Jun 14, 2020
    120
    MoCo
    "Under FOPA, notwithstanding any state or local law, a person is entitled to transport a firearm from any place where he or she may lawfully possess and carry such firearm to any other place where he or she may lawfully possess and carry it, if the firearm is unloaded and locked out of reach. In vehicles without a trunk, the unloaded firearm must be in a locked container other than the glove compartment or console. Ammunition that is either locked out of reach in the trunk or in a locked container other than the glove compartment or console is also covered."

    As soon as any firearm is carried on or about the person, or placed loaded or readily accessible in a vehicle, state and local laws regarding the carrying of firearms apply.
     

    aznboi87

    Active Member
    Aug 29, 2023
    143
    rockville, md
    "Under FOPA, notwithstanding any state or local law, a person is entitled to transport a firearm from any place where he or she may lawfully possess and carry such firearm to any other place where he or she may lawfully possess and carry it, if the firearm is unloaded and locked out of reach. In vehicles without a trunk, the unloaded firearm must be in a locked container other than the glove compartment or console. Ammunition that is either locked out of reach in the trunk or in a locked container other than the glove compartment or console is also covered."

    As soon as any firearm is carried on or about the person, or placed loaded or readily accessible in a vehicle, state and local laws regarding the carrying of firearms apply.
    What about people with CCW? can you holster a loaded weapon while driving?
     

    Biggfoot44

    Ultimate Member
    Aug 2, 2009
    32,877
    What about people with CCW? can you holster a loaded weapon while driving?

    Not under the auspices of FOPA .

    F irearm O wners P rotection A ct. Is 1986 Federal law , does lots of things , but presently being discussed is * Interstate Transport * of firearms .

    Very distilled , for transporting firearms when you're legal in both starting and destination states , you may transport your guns through interviening anti guns states . If transported in the manner spelled out in FOPA .

    Carry / accessible / loaded firearms do not fall under FOPA , and such practices are subject to the laws of that state .
     

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