Gun Transport for MD residents

[LCR21]

Former MD resident, moved to DE for school and am now a DE resident. I'm considering moving back to MD for work and accepting that I'll be disarmed while in this state.

I'm more concerned with being able to travel OUT of MD to other states that will accept my non-resident UTAH and FLORIDA permits - thank God it's a small state.

I read over the gun laws on transport...and it pretty much states that it's only legal to and from residences, owned businesses, shooting events, etc.

So, consider this scenario:

I transport my pistol unloaded, in a locked container in the trunk of my car. The ammunition is also in a locked container. I drive from my home to West Virginia to buy a Pepsi from a vending machine. I drive back over the border into MD and a cop stops me for some reason and checks my trunk. He sees my properly stored firearm and asks me why I am transporting it. I tell him WV has the best Pepsi and I was craving some.

*Does the Cop now have technical grounds to convert me into a criminal because I wasn't transporting my firearm for the approved list of reasons? (range, residence, etc).

All this gun control gives me a headache.

 

[SWO Daddy]

Interstate travel is protected under the Firearm Owners Protection Act (FOPA). So, you're fine to transport it to a wawa in WV, but not one that's a block from your house.

 

[GTOGUNNER]

How about an introduction here? http://www.mdshooters.com/forumdisplay.php?f=119

Never consent to a search!

 

[DaemonAssassin]

Former MD resident, moved to DE for school and am now a DE resident. I'm considering moving back to MD for work and accepting that I'll be disarmed while in this state.

I'm more concerned with being able to travel OUT of MD to other states that will accept my non-resident UTAH and FLORIDA permits - thank God it's a small state.

I read over the gun laws on transport...and it pretty much states that it's only legal to and from residences, owned businesses, shooting events, etc.

So, consider this scenario:

I transport my pistol unloaded, in a locked container in the trunk of my car. The ammunition is also in a locked container. I drive from my home to West Virginia to buy a Pepsi from a vending machine. I drive back over the border into MD and a cop stops me for some reason and checks my trunk. He sees my properly stored firearm and asks me why I am transporting it. I tell him WV has the best Pepsi and I was craving some.

*Does the Cop now have technical grounds to convert me into a criminal because I wasn't transporting my firearm for the approved list of reasons? (range, residence, etc).

All this gun control gives me a headache.

No. FOPA and MD law have you covered.

As mentioned above, don't consent to a search. Also remember to keep your mouth shut when an officer is talking to you on the side of the road. They love to do fishing expeditions, to see what might turn up. Give them the info that they need for the traffic stop and be courteous about the whole thing, but don't give them anything more than what they need.

 

[Adolph Oliver Bush]

All of the above, plus get a designated firearms collector's permit, which allows you to transport all or part of your collection for display purposes. It is -- are you sitting down? -- FREE, even in the PRMD, and it never expires.

http://www.mdshooters.com/showthread.php?t=99680

 

[Rack&Roll]

There's no case law to support what you said. The Designated Collector letter is a feather in a cap, not a Get Out Of Jail Free card....get my drift?

 

[highli99]

Officer: "Are there any firearms in your vehicle"
Citizen: "Thanks for asking, but I don't answer questions and do not consent to search. Am I being detained or am i free to go?"
Officer: *writes ticket for going 55 in a 54* sends Citizen on his way.

 

[Pinecone]

All of the above, plus get a designated firearms collector's permit, which allows you to transport all or part of your collection for display purposes. It is -- are you sitting down? -- FREE, even in the PRMD, and it never expires.

http://www.mdshooters.com/showthread.php?t=99680

And where does the law say a Designated Collector (for the purposes of buying more than one gun a month) equals a Bona Fide Collector (for the purpose of transporting to a showing of your collection)???????

And remember, you can be a DC without owning a single firearm. Kind of hard to argue you are a Bona Fide Collector of firearms, without any.

 

[highli99]

And where does the law say a Designated Collector (for the purposes of buying more than one gun a month) equals a Bona Fide Collector (for the purpose of transporting to a showing of your collection)???????

And remember, you can be a DC without owning a single firearm. Kind of hard to argue you are a Bona Fide Collector of firearms, without any.

oh god...we can't start this back and forth again. I'm not saying i agree or disagree with either party but the legal hypothesis on both sides of the argument are exhausting.

 

[Rack&Roll]

Guido Pinky Ring says shut yo mouf!

 

[danb]

And where does the law say a Designated Collector (for the purposes of buying more than one gun a month) equals a Bona Fide Collector (for the purpose of transporting to a showing of your collection)???????

And remember, you can be a DC without owning a single firearm. Kind of hard to argue you are a Bona Fide Collector of firearms, without any.

I think that this is what people are referring to:

(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;

http://law.justia.com/codes/maryland/2013/article-gcr/section-4-203/

http://mdsp.maryland.gov/Organizati...singDivision/Firearms/FirearmsCollectors.aspx

If the MSP has Designated you a collector, I would say that makes you a bona fide collector.

 

[Minuteman]

Former MD resident, moved to DE for school and am now a DE resident. I'm considering moving back to MD for work and accepting that I'll be disarmed while in this state.

I'm more concerned with being able to travel OUT of MD to other states that will accept my non-resident UTAH and FLORIDA permits - thank God it's a small state.

I read over the gun laws on transport...and it pretty much states that it's only legal to and from residences, owned businesses, shooting events, etc.

So, consider this scenario:

I transport my pistol unloaded, in a locked container in the trunk of my car. The ammunition is also in a locked container. I drive from my home to West Virginia to buy a Pepsi from a vending machine. I drive back over the border into MD and a cop stops me for some reason and checks my trunk. He sees my properly stored firearm and asks me why I am transporting it. I tell him WV has the best Pepsi and I was craving some.

*Does the Cop now have technical grounds to convert me into a criminal because I wasn't transporting my firearm for the approved list of reasons? (range, residence, etc).

All this gun control gives me a headache.

Welcome, great question. This has been discussed many times, but we'll give you the short answer again here. And we'll do it again another 100 times for others later.

Please go start an intro thread to introduce yourself (if you haven't already).

Bottom line, sounds like you've done your homework and are trying to do the right thing. I think you will be safe following what you said you plan to do.

The law you cited only applies to handguns, long guns must only be unloaded.

Maryland is an interesting state, some laws seem intentionally vague, I think to give a police officer and the state prosecutor some latitude with regard to charging or not charging someone for a firearms violation. So when there is some doubt or ambiguity, I personally error on the side of caution.

If you apply to be a collector and qualify, Maryland State Police will issue you a letter that says you are a legitimate, bonafide, certified, honest-to-goodness, the real-deal, snap-into-a-slim jim, designated collector. There are some people that look really hard to be even more cautious than me that are not so sure about the 'slim-jim' worthiness of the official letter from the State police. But that's ok, I've never heard of anyone question it, or being charged. As far as I know, there's no more legitimate (aka bonafide) way to be a collector, than designated collector. People who buy and sell curios and relics are a type of FFL, and personally I think they are collectors too.

 

[Blaster229]

You're good to go that way. FOPA allows you to go THROUGH a state (Maryland) and not INSIDE the destination state. Game off when you make it to your destination.

 

[RoadDawg]

OP,
Not trying to offend you here... But... Your question seems to be a bit on the bogus/stretched side.

If one is going to be close enough to hop across the border for a WVa. Pepsi... Why not just move to WVa.?

There, you can feel free to exercise your 2A rights all day long and not have to be concerned about the PRoMD laws.

Otherwise, I am firmly in the camp that says... If the MDSP issues an OFFICIAL letter which designates YOU as a State of Maryland recognized "Collector" of firearms... THAT is all the "bonafide" status you would need if challenged in any court proceedings.

Otherwise, following all laws pertaining to transportation of firearms is the way to remain a free person.

If you find a range in WVa... (Rather that a WaWa) it IS legal to transport your handgun to that range and back in the prescribed lawful manner. And the "range" need not be a commercial/official range. A private property range will suffice.

 

[Pinecone]

oh god...we can't start this back and forth again. I'm not saying i agree or disagree with either party but the legal hypothesis on both sides of the argument are exhausting.

So it is OK for someone to state one side, and leave those who have not see the other threads thinking that there is NO QUESTION?

 

[highli99]

So it is OK for someone to state one side, and leave those who have not see the other threads thinking that there is NO QUESTION?

I'm sorry i interrupted and stand corrected Carry on with the necessary back and forth...

 

[Pinecone]

I think that this is what people are referring to:

http://law.justia.com/codes/maryland/2013/article-gcr/section-4-203/

http://mdsp.maryland.gov/Organizati...singDivision/Firearms/FirearmsCollectors.aspx

If the MSP has Designated you a collector, I would say that makes you a bona fide collector.

bo·na fide
ˌbōnə ˈfīdē/
adjective
1. genuine; real.

So an MD Designated Collector with one firearm is a Genuine or Real collector?

Or how about NO firearms?

And realize the basis of the Designated Collector letter. When MD did the 30 day law (at the time called the 1 Gun a Month Law), some people complained that at times a collection would come on the market, and another collector might want to buy the all or a significant part of the collection, which would mean multiple handguns.

So the state set up the Designated Collector program. And at the time, you had to prove that you were a collector. Now, you just say you want to buy lots of handguns, and they approve it.

There is NO CHECKING that you are a collector. And I am sure the MSP will testify to that at a trial.

 

[Pinecone]

If you apply to be a collector and qualify, Maryland State Police will issue you a letter that says you are a legitimate, bonafide, certified, honest-to-goodness, the real-deal, snap-into-a-slim jim, designated collector.

No, it says you are a Designated Collector. Read your letter.

des·ig·nate
verb
past tense: designated; past participle: designated
ˈdeziɡˌnāt/
appoint (someone) to a specified position.

Does not make you a collector. It just means you are called one.

 

[danb]

bo·na fide
ˌbōnə ˈfīdē/
adjective
1. genuine; real.

So an MD Designated Collector with one firearm is a Genuine or Real collector?

Or how about NO firearms?

And realize the basis of the Designated Collector letter. When MD did the 30 day law (at the time called the 1 Gun a Month Law), some people complained that at times a collection would come on the market, and another collector might want to buy the all or a significant part of the collection, which would mean multiple handguns.

So the state set up the Designated Collector program. And at the time, you had to prove that you were a collector. Now, you just say you want to buy lots of handguns, and they approve it.

There is NO CHECKING that you are a collector. And I am sure the MSP will testify to that at a trial.

I think much of this can be categorized as Battered Gun Owners Syndrome. Why blow against the wind? If the MSP calls me a collector, why on Earth would I disagree?

 

[Rack&Roll]

Nope, no court cases testing the difference between the word "Designated" and the word "bona fide".

I'd say the more guns in your canoe, the more bona fide you are....