Keeping rifle in car in md. Legal?

[swinokur]

Statute 4-209 provides state preemption in regards to transport. The law applies statewide. Discharge and hunting regs can vary.

exception.
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[traveller]

Agree. I stand corrected. He is referencing 4-203, so a loaded magazine in a vehicle for a rifle would be a bad idea.

Then we fall back to legislative intent. The DNR statute says "THE magazine or chamber" insinuating a magazine in the rifle. But because it's so vague I would not have a loaded magazine for a rifle in my vehicle until there is either case law or AG opinion.

sorry for the confusion

I think we are almost in agreement.

The article says '...a rifle containing ammunition in the magazine or chamber'. The plain english meaning of the sentence would suggest that the ammunition has to be both in the magazine AND the rifle.

It may well be perfectly legal, my point was that I wouldn't take the nonbinding AG opinion as a shield against frivolous charging and prosecution as it was written for a very specific case separate from long gun transport.

This is a law that allows the NRP officer to charge some bubbas he encounters with loaded rifles in their lap on some backroads in the state forest. He knows they are out shining deer, with the 'rifle in car' article he can get them on something even if he doesn't observe the poaching itself.

 

[outrider58]

Being a trophy deer hunter in Md., I would be particularly screwed, knowing how DNR pursues these things. It has been a thought of mine to carry a rifle in my truck, but just my luck to be snagged(wrongly) for a DNR violation. I'll pass.

 

[swinokur]

now we are sympatico. i apologize for any confusion I created.

 

[swinokur]

Being a trophy deer hunter in Md., I would be particularly screwed, knowing how DNR pursues these things. It has been a thought of mine to carry a rifle in my truck, but just my luck to be snagged(wrongly) for a DNR violation. I'll pass.

The problem is even though the statute is in the DNR portion of the MD Articles, it isn't limited to just hunting.

It just happens to be in the DNR Statute

 

[outrider58]

The problem is even though the statute is in the DNR portion of the MD Articles, it isn't limited to just hunting.

It just happens to be in the DNR Statute

My point was, I feel hunters would fall under more aggressive scrutiny.

 

[swinokur]

agree

 

[fidelity]

As has been pointed out in this thread and others on this topic (including by some in the legal community), there is no police officer exception for the 'no loaded rifle in the car' DNR reg.

For those of us that car carry an unloaded rifle with loaded mags where legal in MD, one could always keep an unloaded mag inserted in the rifle if there were nervousness about interpretation.

Sent from my Nexus 5X using Tapatalk

 

[swinokur]

except that in a high adrenaline situation you may forget that the magazine is empty. At least no magazine is a visual indicator that the weapon is not capable of being fired.

just another viewpoint.

 

[KevinK]

except that in a high adrenaline situation you may forget that the magazine is empty. At least no magazine is a visual indicator that the weapon is not capable of being fired.

just another viewpoint.

 

[Inigoes]

weed eater strings works marvelously for that purpose and it's cheap.

 

[lazarus]

State Trooper who works with us says a magazine detachable or not should be unloaded. Magazine is part of the firearm in his opinion.

Yeah, that trooper would be wrong. A magazine is not a firearm. If it isn't in the firearm, the firearm isn't loaded. Period. FOPA might be what he is thinking about. In which case a loaded magazine may not be in the same locked container as the firearm. So don't carry loaded magazines in your rifle/pistol case. Or in a backpack with your pistol.

In Maryland you can carry a long gun in your vehicle all you want so long as no ammunition is present inside of the firearm (and a a magazine is not a firearm). There are a few exceptions, like you can't transport a firearm through a state park unless it is for hunting purposes and then the weapon must be cased or action open.

That doesn't mean someone isn't going to try to charge you with it, but it would take a stretch for the plain English of the statute to make such a charge stick having a loaded magazine not in the rifle. Of course I wouldn't want to be that test case, but on the other hand if I was carrying a rifle for SD, is absolutely have a loaded magazine (or 3). If I was going hunting especially, or target shooting, no, I'd leave mags empty.

 

[Inigoes]

For those thinking of carrying firearms in their vehicle, should also have a first aid kit to treat those kind of wounds.

When the S hits the F: rocks get slung both ways, and a 9 dollar general first aid kit from walmart will not cut it.

the life you save may very well be yourself or a loved one.

 

[swinokur]

The only time there is a requirement under FOPA for ammo and the firearm to be separate is in a vehicle with no trunk. Then either the ammo OR the firearm must be in a locked case.

There is no requirement for ammo and the firearm to be separate in a vehicle with a trunk.

MD statute 4-203 also has no separation requirement.

 

[DevinRPD]

so im gonna guess that an ARpistol would be classified as a handgun in these situations?

 

[swinokur]

yes

 

[outrider58]

As well as SBRs

 

[smokey]

The only time there is a requirement under FOPA for ammo and the firearm to be separate is in a vehicle with no trunk. Then either the ammo OR the firearm must be in a locked case.

There is no requirement for ammo and the firearm to be separate in a vehicle with a trunk.

MD statute 4-203 also has no separation requirement.

FOPA really only applies if you're planning on crossing a state line. If you're staying in md, there's no reason to do anything other than have the gun unloaded, and in an enclosed case or holster for handguns.

The DNR regs also specifically mentions magazines not being loaded sooooo....

 

[swinokur]

I was responding to someone who said FOPA requires the separation of the firearm and ammunition.

Only applies to vehicles without a trunk.

The DNR reg states la rifle CONTAINING a loaded magazine is prohibited.

Therefore loaded mags not in the rifle are legal.

IANAL
.
SS 10-410c

 

[smokey]

I was responding to someone who said FOPA requires the separation of the firearm and ammunition.

Only applies to vehicles without a trunk.

The DNR reg states la rifle CONTAINING a loaded magazine is prohibited.

Therefore loaded mags not in the rifle are legal.

IANAL
.
SS 10-410c

gotcha. I kind've skim-read stuff earlier.