Question for the Maryland folks regarding transport of a gun

[KW900A]

I don't normally carry all the time but I do when I travel and can do so legally. I have a virginia ccw and I know Maryland, in short, hates guns. I drive to see family in northwestern Ohio a couple of times a year. Aside from virginia my route takes me through West Virginia, Maryland, Pennsylvania and Ohio. Except for Maryland, all of these states have reciprocity with virginia. I'm in Maryland less than 10 minutes, I go through the skinny part, I come in on 522 and leave on 70. It's so very tempting for that reason, but I don't risk it. I know they don't even allow open carry in a vehicle, from what I have read. The only glimmer of hope I found is for transporting, with the gun unloaded and stored in a area inaccessible from the passenger compartment. Is this true? Also we travel in a SUV so, the whole damn thing is the passenger compartment, technically. Does the hatch under the floor with the spare tire count? Lastly, I've read that their "scanners" that run tags can tell if the registered owner has a ccw or not, if that is true, and should they stop me for any reason and ask about me having a gun, and I say yes, I want to make damn sure I have dotted my i's and crossed my t's. my wife rolls her eyes about me wanting to find a way, if there is one. But we just found out she's pregnant and that makes the desire to do this a little stronger. She's not a big fan of guns, but does know how to use one, and has expressed interest in getting her ccw as well to make a traveling situation much easier.

Part of me feels like its not worth it, but I'd still at least like to know I have an option.

Thanks in advance.

[Ride4frnt]

It is illegal...but you're literally in maryland for 5 miles. I live 10mins from Hancock (the town in maryland you pass when you cross 522 over the Potomac) I'm not sure you'd get caught the 5mi or so you'd be in maryland and if it's worth the risk to you.

[Ride4frnt]

And I think the law is a bit funny. I keep my guns in the back seat of the truck. In a case, unloaded. Never run into a problem.

[KW900A]

I've contemplated putting it in the back, then getting it out when we stop in breezewood pa. Honestly when I'd like to have it the most is at the travel centers on the Ohio turnpike. Occasionally there are some suspect people wandering around there. We are heading there Friday so naturally the wheels are turning for me again.

[Ride4frnt]

I've contemplated putting it in the back, then getting it out when we stop in breezewood pa. Honestly when I'd like to have it the most is at the travel centers on the Ohio turnpike. Occasionally there are some suspect people wandering around there. We are heading there Friday so naturally the wheels are turning for me again.

PA and OH turnpikes are rough. I really don't think I'd sweat the 5 miles you're in maryland. Drive sensibly, you'll be fine. But I don't want to tell you to break the law. I can say that I've been stopped (during hunting season) by dnr, and they were fine with my rifle being in the back seat in a case.

[KW900A]

I understand, laws are laws and rules are rules, but man they really can cramp the style of honest people sometimes.

Do you know about the "gun unloaded and out of reach" rule?

[Ride4frnt]

I understand, laws are laws and rules are rules, but man they really can cramp the style of honest people sometimes.

Do you know about the "gun unloaded and out of reach" rule?

I keep my magazine loaded but out of the gun, in the case in the back seat.

[KW900A]

I keep my magazine loaded but out of the gun, in the case in the back seat.

Gotcha

[WHSmithIV]

I think this might help - just in case. This is from the NRA website.

FEDERAL LAW ON TRANSPORTATION OF FIREARMS

A provision of the federal law known as the Firearms Owners’ Protection Act, or FOPA, protects those who are transporting firearms for lawful purposes from local restrictions which would otherwise prohibit passage.

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.

Travelers should be aware that some state and local governments treat this federal provision as an “affirmative defense” that may only be raised after an arrest. All travelers in areas with restrictive laws would be well advised to have copies of any applicable firearm licenses or permits, as well as copies or printouts from the relevant jurisdictions’ official publications or websites documenting pertinent provisions of law (including FOPA itself) or reciprocity information. In the event of an unexpected or extended delay, travelers should make every effort not to handle any luggage containing firearms unnecessarily and to secure it in a location where they do not have ready access to it.

Just a note: The law states "Locked container". A suitcase with a lock on it would qualify as such. So, for those 5 miles, put the pistol and holster in a locked suitcase unloaded. Put the ammo in a different locked suitcase. Then you should be on the right side of the law no matter what.

[WHSmithIV]

This is the state law for Maryland covering transportation of firearms:

CARRYING AND TRANSPORTATION IN VEHICLES

Rifles and shotguns being transported in motor vehicles must be unloaded.

It is a crime to wear or carry openly any rifle or shotgun with the intent or purpose of unlawfully injuring any person.

It is unlawful for any person without a permit to wear or carry a handgun, openly or concealed, upon or about his person, or to knowingly transport a handgun in any vehicle traveling on public roads, highways, waterways or airways, or upon roads or parking lots generally used by the public. This does not apply to any person wearing, carrying or transporting a handgun within the confines of real estate owned or leased by him, or on which he resided, or within the confines of a business establishment owned or leased by him.

Federal and Maryland State or local law enforcement officers generally are exempt from the permit requirement. However, sheriffs and their deputies are exempted only while on active assignment engaged in law enforcement, and only with respect to handguns which they are duly authorized to wear, carry or transport as part of their official equipment. Law enforcement officers from other states are exempt only while on official business.

No violation is committed by any person who can demonstrate that the handgun is being carried, worn or transported:

1. To or from a place of legal purchase or sale, or repair shop.

2. Between such person`s bona fide residences, or between his residence and place of business, if the business is operated and substantially owned by that person.

3. While engaged in, or traveling to and from a "target shoot, formal or informal target practice, sport shooting event, hunting, trapping, or dog obedience training class or show."

4. By a bona fide gun collector who is "moving any part or all of his gun collection from place to place for public or private exhibition," and while such handguns are actually on exhibition.

During transportation to and from the above places, the handgun must be unloaded, and carried in an enclosed case or enclosed holster.

So, as you can see from the above list, there is no provision in the Maryland law for allowing someone to have a handgun in their vehicle simply because they are passing through the state. That, therefore, is covered the Federal FOPA legislation.

The part that really gets me with this absurd piece of legislative crap is this piece:

Federal and Maryland State or local law enforcement officers generally are exempt from the permit requirement. However, sheriffs and their deputies are exempted only while on active assignment engaged in law enforcement, and only with respect to handguns which they are duly authorized to wear, carry or transport as part of their official equipment. Law enforcement officers from other states are exempt only while on official business.

Since when is a Sheriff or the deputies NOT local law enforcement officers? Apparently, they need a permit but a Baltimore city police officer doesn't.......

Also of note is that Maryland considers a loaded magazine to be the same as a loaded gun. So, put the pistol and mag in one locked suitcase and the ammo in a different one.

[UWone77]

Hmmm, interesting that Maryland law is trying to be more restrictive than say HR 218 for LE from other states and within their own State.

[KW900A]

Thanks WHSmith, you basically confirmed what I was thinking. I never thought to check the NRA for info. I wish I could get by with stowing the gun and putting the mag in the console. At least FOPA is there to keep us on the right side of the law. It's an inconvenience, but at least I have that option.

I'm a pretty brave person, but when laws, guns and family intersect, I like to play by the rules and know my rights.

[KW900A]

Hmmm, interesting that Maryland law is trying to be more restrictive than say HR 218 for LE from other states and within their own State.

Down here we call it 'communist Maryland'

[UWone77]

Contradictory laws... gotta love it. The biggest violator of HR 218 has been the state of New York, who has had several charged cases thrown out.

[KW900A]

Ironically my wife has family in New York and we will be traveling there in January. Nowhere near the city thank The Lord, but that's research I need to do as well. I never have, because I always assumed they had it locked up pretty tight.