is it legal?

[jaywade]

question
Is it legal to have a shotgun in your truck in md? unloaded but say shells in a bag next to shotgun in case ? would this be legal in Va? (not on a range trip but to and from work and home)

is it legal to do this w/ any other long gun?

I understand you can not do this w/ a hand gun , but what about a shot gun, or a rifle?

 

[novus collectus]

Some handguns can be trunk guns generally speaking under MD law alone like antiques, and long guns can also be in the car as long as they are not "concealed" and are not loaded by state law alone generally speaking (stay off public school property though).
Some local governemnts may have restrictions on transport and possession, but state preempts most restrictions.

I am not a lawyer but if it is not restricted in the law, then it should be legal by default and there are no laws in state law regarding transportation of unloaded long guns or antique handguns.

 

[atimesublime]

pardon my ignorance ... but how does an AR-15 fit into this equation? Unloaded of course

 

[jaywade]

pardon my ignorance ... but how does an AR-15 fit into this equation? Unloaded of course

i was thinking the same thing

 

[novus collectus]

Yes, the regulated firearms which are long guns are long guns regardless under 4-203 of the criminal law article. The transportation restrictions in 4-203 only apply to handguns which are not antique, firearms (which are not antique) which can be concealed, short barreled rifles and short barreled shotguns. Long guns and antigues are specifically excluded from the definition of "handgun" (whereas SBR and SBS are specifically included).

4-201:

(c) (1) "Handgun" means a pistol, revolver, or other firearm capable of being concealed on the person.

(2) "Handgun" includes a short-barreled shotgun and a short-barreled rifle.

(3) "Handgun" does not include a shotgun, rifle, or antique firearm.

 

[jaywade]

Yes, the regulated firearms which are long guns are long guns regardless under 4-203 of the criminal law article. The transportation restrictions in 4-203 only apply to handguns which are not antique, firearms (which are not antique) which can be concealed, short barreled rifles and short barreled shotguns. Long guns and antigues are specifically excluded from the definition of "handgun" (whereas SBR and SBS are specifically included).

4-201:

so a 16in or 20 in Ar would be okay but not a 12in or 10in SBR AR?

 

[Markp]

so a 16in or 20 in Ar would be okay but not a 12in or 10in SBR AR?

Correct, unless you were a bonafide collector moving your collection or part of your collection for private or public exhibition and the SBR was in a enclosed holster or case and unloaded.

Mark

 

[rondon600]

an AR fits nicely provided its over 16" and not FA BUT would you leave your AR in your car for some random punk to steal?

I think a shotty or a lever action rifle would make a nice trunk/truck gun. I saw some used pump action rifles at Cabelas (remington 7615p) and thought that would be a good fit for that rifle. At least if you did get searched by the cops the "militant" label probably wouldnt apply when they started to think how to handle you. An AR... they would want to run your name by the feds and interpol and probably a psych eval to make sure you werent heading into the post... I mean going musli... I mean doing man made bad things.

 

[hole punch]

an AR fits nicely provided its over 16" and not FA BUT would you leave your AR in your car for some random punk to steal?

I think a shotty or a lever action rifle would make a nice trunk/truck gun. I saw some used pump action rifles at Cabelas (remington 7615p) and thought that would be a good fit for that rifle. At least if you did get searched by the cops the "militant" label probably wouldnt apply when they started to think how to handle you. An AR... they would want to run your name by the feds and interpol and probably a psych eval to make sure you werent heading into the post... I mean going musli... I mean doing man made bad things.

some good points. i've wondered about the feasibility of having a rifle in the trunk just in case. the remington 7615 is something i would definitely buy if i just had the money laying around.

i wonder how many people admittedly keep an unloaded long gun in their vehicle on any regular basis in MD? i had an uncle wo was returning from a turkey shoot get stopped by a MoCo sheriff's deputy who didn't think too much of his shotgun hanging in the gun rack of his truck out in the open.

i used to keep the henry survival in the trunk, disassembled and up inside the stock, and a brick of ammo back there for awhile. sounds legal, but i'm not sure how i feel about going out for a beer with a gun in the car. i never concidered prohibited areas like schools, or laws in other (typically less restrictive) states. it's really got me thinking about my comfort level of having a weapon in the car.

 

[Andras]

see § 10-410. Restrictions on hunting wildlife generally [Amendment subject to abrogation].

(c) Hunting from vehicles.-

(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.

 

[phenamunan]

I went to Continental today with my Beretta Cx4. On the drive up, I just had it on my back seat unloaded because I don't have a convenient carry case for it. The guy running the range had a real funny look in his eye when I told him that, yes, I was driving around with it in my back seat and yes, I walked in with it in my hand. Bad on me for not following their range rules, but he was implying that I would have gone to jail for having it just sitting on my back seat and with loaded magazines in my ammo can.

*edit* I don't have a separate trunk in my car. And when I carried the firearm through the door before at On Target, there wasn't mention of "brandishing" a firearm walking through the door. I'm not commenting on Continental's range rules, just raising the question of legality.

 

[novus collectus]

I went to Continental today with my Beretta Cx4. On the drive up, I just had it on my back seat unloaded because I don't have a convenient carry case for it. The guy running the range had a real funny look in his eye when I told him that, yes, I was driving around with it in my back seat and yes, I walked in with it in my hand. Bad on me for not following their range rules, but he was implying that I would have gone to jail for having it just sitting on my back seat and with loaded magazines in my ammo can.

*edit* I don't have a separate trunk in my car. And when I carried the firearm through the door before at On Target, there wasn't mention of "brandishing" a firearm walking through the door. I'm not commenting on Continental's range rules, just raising the question of legality.

One can argue that the hunting law ab out loaded rifles applies to all the time and not just when hunting or poaching, and then one can argue that the magazine referred to is the magazine ourside the rifle, but one is a slight stretch and the second on top of that is a bigger stretch and if one parses the sentence one can argue3 that the magazine not in the rifle is not referred to because it is singular (it does not say magazines) and because it says "the magazine" meaning the [rifle's] magazine further suggesting it is the magazine inserted or integral. Also if one looks at the intent of the legislature in its wording to meaning easily loaded, then why did it not refer to loose ammunition for sinble shot rifles and shotguns and why did it not refer to or include loaded stripper clips, enblock clips,moon clips, feed strips, speed loaders, etc.?

 

[Treeguy]

Not sure if this is what you are looking for but the here is how i have read the law. A gun must be not located in the same area as the ammo. So a shotgun can be in the truck (backseat in a case or not) but ammo must be in the locked glovebox or bed of truck..not just in the back seat. MD has some funny laws as we know.

So if you get done hunting put your gun in the case and your ammo is on the seat you are not legal to drive.


Another funny one is no weapon in VA at any time can be loaded on your truck, or leaning against your truck. SO is you come back to your truck and sit a loaded gun on the tailgate you are breaking the law.

 

[Treeguy]

And a loaded magazine is a loaded gun..it does not matter were the mag is located..so never drive with a loaded mag, even if the gun is in a case not with the mag

 

[Half-cocked]

And a loaded magazine is a loaded gun..it does not matter were the mag is located..so never drive with a loaded mag, even if the gun is in a case not with the mag

Wrong, and here's the word straight from the office of the Attorney General:

http://www.mdshooters.com/showthread.php?t=30390&highlight=bowen

 

[novus collectus]

Not sure if this is what you are looking for but the here is how i have read the law. A gun must be not located in the same area as the ammo. So a shotgun can be in the truck (backseat in a case or not) but ammo must be in the locked glovebox or bed of truck..not just in the back seat. MD has some funny laws as we know.

There is no MD law that says the ammo has to be seperate or in a seperate compartment. I am not a lawyer, but I have looked hard and also no one else has ever found one.

So if you get done hunting put your gun in the case and your ammo is on the seat you are not legal to drive.


Another funny one is no weapon in VA at any time can be loaded on your truck, or leaning against your truck. SO is you come back to your truck and sit a loaded gun on the tailgate you are breaking the law.

I assume you meant MD and not VA, but yes you are correct, a gun cannot be loaded in or on a vehicle.....but there is doubt of if that hunting statute applies to when not hunting. Also, there is an exception for the disabled with a special hunting permit when hunting,

 

[novus collectus]

And a loaded magazine is a loaded gun..it does not matter were the mag is located..so never drive with a loaded mag, even if the gun is in a case not with the mag

Half-Penised beat me to it.

 

[Treeguy]

No my friend these are both laws..not into doing the reseach but i will ask some LEO..but i have MSP friends And DNR...and they have told me the details before many times as i shake my head then agian cant always feel what they tell you is the truth either.

And no i meant VA..trust me on that! But i will find out so we can be sure.

Just because you cant read it somewere dont assume its not law...

 

[novus collectus]

No my friend these are both laws..not into doing the reseach but i will ask some LEO..but i have MSP friends And DNR...and they have told me the details before many times as i shake my head then agian cant always feel what they tell you is the truth either.

And no i meant VA..trust me on that! But i will find out so we can be sure.

Just because you cant read it somewere dont assume its not law...

Um, it is legal to have loaded handguns in VA and even rifles are legal by state law alone (some local governments can restrict some possession of loaded rifles in vehicles, this was discussed on this board before).
Just because one assumes a law exists it does not mean it does. We have been talking about this subject on here for YEARS and we have heavily researched it. Just because some LEOs say it is law without referencing or citing a single statue does not make it illegal. If you will note some lawyers here and some LEOs here say different than what your friends have told you, so who do you trust? Those who cite the law, or those who don'.t?

 

[E.Shell]

Yes, the regulated firearms which are long guns are long guns regardless under 4-203 of the criminal law article. The transportation restrictions in 4-203 only apply to handguns which are not antique, firearms (which are not antique) which can be concealed, short barreled rifles and short barreled shotguns. Long guns and antigues are specifically excluded from the definition of "handgun" (whereas SBR and SBS are specifically included).

4-201:

(c) (1) "Handgun" means a pistol, revolver, or other firearm capable of being concealed on the person.

(2) "Handgun" includes a short-barreled shotgun and a short-barreled rifle.

(3) "Handgun" does not include a shotgun, rifle, or antique firearm.

Well, this (#2) sure puts a damper on my lust for a suppressed SBR. I had never thought about the additional transport implications if I SBR'ed one of my AR-15s.