Loaded magazines- again

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  • Les Gawlik

    Ultimate Member
    Apr 2, 2009
    3,384
    I went to a local range last night and was advised that unless I was an LEO, I was subject to arrest for possession of loaded magazines even though they were separate and apart from the handgun. I knew this not to be case, but there was no point in arguing.

    I searched the messages and found the thread about magazines, and the email from AAG Bowen. I called him, and confirmed that this was his email and opinion, and that the opinion remained unchanged.

    Our problem is that the AG can't give opinions to ordinary people. The only way we can get a nice pdf letter we can put in the range bag is for one of our state representatives to ask. So, I will have to walk down the hall and make my request...
     

    MauiWowie

    I have the SIGness...
    Nov 23, 2008
    7,347
    Harford Co.
    I was told it was a safety issue and not law. It is less likely to have an accidental discharge (while in the lobby) with an unloaded magazine then one that was loaded. At the time when they told me this at my range it made sense and I never questioned it again....
     

    Norton

    NRA Endowment Member, Rifleman
    Staff member
    Admin
    Moderator
    May 22, 2005
    122,900
    Just remember that a similar request regarding the illegal ammo logs is what triggered HB1446 last year which would have mandated the ammo log books.

    I'm just saying....:innocent0
     

    S.A.M.G.

    Member
    Nov 7, 2009
    23
    Southern Maryland
    I found that some Maryland Police think that ordinary citizens should be dumb when it comes to gun issues. I was on my way in reporting for duty once and got stopped for no reason. The cop said he thought my windshield was cracked and decided to search the vehicle. Then proceeded to tell me that I was not cooperating if i said he could not search my truck so i let him. He found my empty military issue 9mm magazines and hounded me for an hour almost. I had to explain to him that he was not allowed to take anything that was issued to me by the military. He didn't like that much but he had no choice but to let me go and be angry. Another thing LEO's need to know is that Md Guard soldiers are exempt from arrest while they are going to, on and returning from duty assignments. Can't call names but a few people got in alot a trouble for doing so a few years ago. The guy in question could have sued the state. The thing is Guard soldiers look like us. regular clothes, regular jobs, regular lives and with Maryland completing its restructure I see LEO's having to do the same. Im know im getting a bit off topic but there are two brigade combat teams, a new IO battalion, a Combat Aviation Battalion, FA Battalion and a few other well equipped individual units. Im sure these citizen soldiers would be a good way to bridge the gap because they live more as a citizen but transition between state and federal service regularly.
     
    Last edited:

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,516
    Westminster USA
    I found that some Maryland Police think that ordinary citizens should be dumb when it comes to gun issues. I was on my way in reporting for duty once and got stopped for no reason. The cop said he thought my windshield was cracked and decided to search the vehicle. Then proceeded to tell me that I was not cooperating if i said he could not search my truck so i let him. He found my empty military issue 9mm magazines and hounded me for an hour almost. I had to explain to him that he was not allowed to take anything that was issued to me by the military. He didn't like that much but he had no choice but to let me go and be angry. Another thing LEO's need to know is that Md Guard soldiers are exempt from arrest while they are going to, on and returning from duty assignments. Can't call names but a few people got in alot a trouble for doing so a few years ago. The guy in question could have sued the state. The thing is Guard soldiers look like us. regular clothes, regular jobs, regular lives and with Maryland completing its restructure I see LEO's having to do the same. Im know im getting a bit off topic but there are two brigade combat teams, a new IO battalion, a Combat Aviation Battalion, FA Battalion and a few other well equipped individual units. Im sure these citizen soldiers would be a good way to bridge the gap because they live more as a citizen but transition between state and federal service regularly.

    You know this now, but IIRC you can refuse to answer questions and if no RAS to conduct a Terry stop, you can refuse the vehicle search as well. Without RAS, the officer has no reason or authprity to conduct a search..

    One of our LEO's can correct this if it's wrong. IANAL or an LEO.
     

    novus collectus

    Banned
    BANNED!!!
    May 1, 2005
    17,358
    Bowie
    I went to a local range last night and was advised that unless I was an LEO, I was subject to arrest for possession of loaded magazines even though they were separate and apart from the handgun. I knew this not to be case, but there was no point in arguing.

    I searched the messages and found the thread about magazines, and the email from AAG Bowen. I called him, and confirmed that this was his email and opinion, and that the opinion remained unchanged.

    Our problem is that the AG can't give opinions to ordinary people. The only way we can get a nice pdf letter we can put in the range bag is for one of our state representatives to ask. So, I will have to walk down the hall and make my request...
    How about carrying around Bowen,s phone number and telling the LEO to call and ask him in person if he does not believe you.
     

    novus collectus

    Banned
    BANNED!!!
    May 1, 2005
    17,358
    Bowie
    I was told it was a safety issue and not law. It is less likely to have an accidental discharge (while in the lobby) with an unloaded magazine then one that was loaded. At the time when they told me this at my range it made sense and I never questioned it again....

    I have no issue with places that have it as store policy (although it does make it inconvenient as hell). What I have an issue with is places that tell people it is the law and give any LEOs comming in the impression they are correct. Those LEOs adopting the wrong understanding of the law will possibly be the ones who wrongly arrest a gun owner for having a loaded mag not in the handgun and that is screwed up.
     

    jonnyl

    Ultimate Member
    Sep 23, 2009
    5,969
    Frederick
    ... He found my empty military issue 9mm magazines and hounded me for an hour almost. ...

    Is there any law against driving around with a truckload of empty magazines? It sounds like this guy had other issues, but I just hoped for some clarification on the empty mags.
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,516
    Westminster USA
    Is there any law against driving around with a truckload of empty magazines? It sounds like this guy had other issues, but I just hoped for some clarification on the empty mags.

    Novus can correct me, but I think you can drive around with loaded magazines without the handhgun. I assume if a handgun is in the vehicle, then you must comply with MD law as far as legal ways and places you can transport to.
     

    novus collectus

    Banned
    BANNED!!!
    May 1, 2005
    17,358
    Bowie
    Novus can correct me, but I think you can drive around with loaded magazines without the handhgun. I assume if a handgun is in the vehicle, then you must comply with MD law as far as legal ways and places you can transport to.

    For handguns tranported one has to comply with 4-203 and the handgun itself muswt be unloaded and to0 or from one of the listed places or activities.
    There is no law written about a loaded magazine in a car if there is no gun in the car and if it is a handgun being transported according to 4-203 there is no mention of loaded magazines not in the handgun there either.
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,516
    Westminster USA
    For handguns tranported one has to comply with 4-203 and the handgun itself muswt be unloaded and to0 or from one of the listed places or activities.
    There is no law written about a loaded magazine in a car if there is no gun in the car and if it is a handgun being transported according to 4-203 there is no mention of loaded magazines not in the handgun there either.

    I suspected as much. That cop needs to be retrained.

    Sheesh
     

    Markp

    Ultimate Member
    Dec 22, 2008
    9,392
    Cop asks to search your vehicle, your answer should be NO. They threaten you over failing to cooperate, your answer should still be NO. Be polite, but be firm. Inform the officer under no circumstances will have your consent to search the vehicle, but you that will not interfere with him conducting his investigation. Then start taking notes at the scene if possible.

    Mark
     

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