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-   -   driving through MD w/ 15rd mags (no ammo) (http://glocktalk.com/forums/showthread.php?t=973475)

RedSoxMD 01-01-2009 13:28

driving through MD w/ 15rd mags (no ammo)
 
I moved to VA and am going to PA to pick up my glock. Are there any issues with 15rd mags if I drive through MD? Thanks!

mazdaboi 01-03-2009 21:46

nope no issues. keep the gun in a holster or locked in a case. I travel regularly from Southern VA to MD (parents house) with my G23 and 3 hicap 13rd mags. when i hit the MD state line i remove my magazine and put the unloaded firearm in a holster behind my seat. if you ever to get pulled over just explain you are transporting a firearm and your destination and remind the officer the firearm is NOT loaded. He/She would usually say "where is it?" you tell them then they respond "Dont reach for it and we will be fine". Sometimes you may get into a long drawn out firearm conversation (happened to me once)

But anyways.... you'll be fine, nothing illegal about it

RedSoxMD 01-05-2009 20:45

thanks for the advice! I'll feel a lot easier about it. I've never driven out of state with my gun before.

backbore 01-05-2009 22:55

mazdaboi pretty much nailed it. When I'm going to the range it's in my range bag and the bag is in the trunk. The link below describes the rules. Go all the way to the bottom of the page.

http://crime.about.com/od/gunlawsbys...nlaws_md_2.htm

hogarth 01-26-2009 20:23

Quote:

Originally Posted by mazdaboi (Post 11984207)
nope no issues. keep the gun in a holster or locked in a case. I travel regularly from Southern VA to MD (parents house) with my G23 and 3 hicap 13rd mags. when i hit the MD state line i remove my magazine and put the unloaded firearm in a holster behind my seat. if you ever to get pulled over just explain you are transporting a firearm and your destination and remind the officer the firearm is NOT loaded. He/She would usually say "where is it?" you tell them then they respond "Dont reach for it and we will be fine". Sometimes you may get into a long drawn out firearm conversation (happened to me once)

But anyways.... you'll be fine, nothing illegal about it

Forgive me for being late to this thread.

You should know that in MD, a loaded MAGAZINE is considered to be a loaded FIREARM! Seriously. So when transporting mags within the state or through the state, the mags must be unloaded.

mazdaboi 01-29-2009 09:20

Quote:

Originally Posted by hogarth (Post 12163602)
Forgive me for being late to this thread.

You should know that in MD, a loaded MAGAZINE is considered to be a loaded FIREARM! Seriously. So when transporting mags within the state or through the state, the mags must be unloaded.

really? ill have to look that up, if its true then ill unload my magazines, but if the firearm is in a locked case, there is nothing that says a magazine is a firearm. but this gives me something to look into.

mazdaboi 01-29-2009 09:33

Quote:

Originally Posted by hogarth (Post 12163602)
Forgive me for being late to this thread.

You should know that in MD, a loaded MAGAZINE is considered to be a loaded FIREARM! Seriously. So when transporting mags within the state or through the state, the mags must be unloaded.

really? ill have to look that up, if its true then ill unload my magazines, but if the firearm is in a locked case, there is nothing that says a magazine is a firearm. but this gives me something to look into.

**UPDATE**

From http://opencarry.mywowbb.com/forum28/2463-2.html

"I called the Maryland State Police HQ in Jessup about a month ago inquiring if a loaded magazine constituted a loaded gun and I wa told "NO." The handgun is not considered loaded (again, per my phone conversation with the MDSP) if a magazine is NOT inserted and there is obviously no round in the chamber. I've always "heard" that ammunition (in MD) must be in a separate, locked case away from the handgun, but I've never found a snip of code or statement from the MDSP to back that up. Traveling through MD, it's better to be safe than sorry of course."

------

That was posted on another forum, my brother is a MD State Trooper, when he gets off work today i will call and verify with him this information.

Outerlimits 01-29-2009 16:41

The dealer in So. Md that I bought my 17 from told me the same thing before I left his shop. He said a loaded magazine is considered a loaded weapon. Even if kept in a seperate location than the weapon.

hogarth 01-29-2009 16:49

Quote:

Originally Posted by Outerlimits (Post 12184627)
The dealer in So. Md that I bought my 17 from told me the same thing before I left his shop. He said a loaded magazine is considered a loaded weapon. Even if kept in a seperate location than the weapon.

The dealer I use says the same thing, and when I go to their range, I have to show up with all mags UNLOADED.

My computer is a bit kaput right now, otherwise I could point the earlier poster to the Maryland law/regulation that says that a magazine in transit must be unloaded. I have it bookmarked, but I'm on my wife's computer right now.

1time 03-06-2009 03:14

It is not covered in the criminal law section but it is covered in the DNR law. Loaded mag equals a loaded weapon. Maryland is very anti-gun. If you run into the wrong officer and get charged it will still cost you a pretty penny to get a not guilty verdict. To me it would be worth unloading the mags.

IWLAFART 03-09-2009 15:04

Talk about anti-gun, my neighbor was stopped for speeding on I-81. Was asked to exit the car, patted down and had a pen knife like we all carry and was charged with a concealed weapon. Now he has to go to court. Bummer

zenmanxxx 03-24-2009 18:08

Quote:

Originally Posted by 1time (Post 12447937)
It is not covered in the criminal law section but it is covered in the DNR law. Loaded mag equals a loaded weapon. Maryland is very anti-gun. If you run into the wrong officer and get charged it will still cost you a pretty penny to get a not guilty verdict. To me it would be worth unloading the mags.

+1 on that

Though all the Practical Defense classes I've taken have also said tha MD considers a loaded mag a loaded weapon, the same with the gunshops I deal with, and the police that are members of the range I belong to.

Isaiah1412 05-16-2009 16:13

Yup, I was told the same thing and didn't believe it, so I asked a client who is a criminal defense attorney. He told me the law as argued is that its illegal to transport a firearm with a loaded magazine, period. There is no written distinction between the magazine being detachable or not. DAs can (and apparently have) said that having a loaded magazine means the gun can be made ready to fire simply inserting it and chambering a round.

So yeah, when I transport my gun the mags are unloaded, its locked up and all ammo is in a seperate section of the car.

I would strongly urge anyone transporting a firearm in MD to error not on the side of caution, but on the side of overt legal paranoia when it comes to compliance with gun laws.

dex 05-25-2009 15:18

If you get on a cops bad side somehow there isn't much you can do. Usually a pen knife wouldn't get you busted unless you said you use it for self defense so you should say you use it to open boxes or something but it all depends on the cop.

I didn't know about the loaded mag thing so I guess thats yet another reason to get the heck out of MD. My wife and I have been planning on PA or something.

I would also not just keep a gun in a holster behind your seat. It is supposed to be out of reach and in a locking container, the trunk qualifies as a locking container. If you drive a truck you had better have a locking gun case to keep it in or get ready to be taken to jail. MD is a communist state and you should act accordingly within it's borders.

usmc2537gunny 08-30-2010 20:13

The law also states under Title 18 that you may transport the firearm THROUGH the state. Maryland cannot be your final destination. If so you too will find yourself with legal problems.

Brian0128 02-11-2011 16:16

1 Attachment(s)
Maryland Law does not prohibit an individual from transporting a loaded magazine according to the attachment that I posted from the Assistant Attorney General.

Reswob 02-11-2011 17:04

Quote:

Originally Posted by Brian0128 (Post 16855539)
Maryland Law does not prohibit an individual from transporting a loaded magazine according to the attachment that I posted from the Assistant Attorney General.

The law rarely gets in the way of cops in anti-gun states arresting you. Especially MD.

swinokur 02-12-2011 06:19

MD statute 4-203 gives the relatively small list of exceptions to the carrying of weapons in your car. They include:

Going to and from a gun shop
Going to or from a hunt
Going to or from an organized shoot or range

read it here
http://law.justia.com/maryland/codes...gcr/4-203.html

Driving from one house you own to another house you own is also ok. But if you are driving from VA to a home in MD you don't own, technically you are in violation I would either travel in compliance with FOPA (locked in trunk or in car with locked container unloaded) or tell the LEO you are coming back or going to an organized shoot or to the range. You are then legal.

If you are traveling in MD all you need to be legal is to have the firearm unloaded in an enclosed holster or case and be involved in one of the activities in listed in 4-203.

Contrary to some of the incorrect info given here, loaded mags are completely legal. Two places to avoid when getting legal info, cops and gun shops.

1time 02-14-2011 00:03

Quote:

Originally Posted by swinokur (Post 16858709)
MD statute 4-203 gives the relatively small list of exceptions to the carrying of weapons in your car. They include:

Going to and from a gun shop
Going to or from a hunt
Going to or from an organized shoot or range

read it here
http://law.justia.com/maryland/codes...gcr/4-203.html


Contrary to some of the incorrect info given here, loaded mags are completely legal. Two places to avoid when getting legal info, cops and gun shops.

Pay attention to the C1, pay special attention to the part after "or". It has been charged and convicted. It doesn't spell out in the hunting handbook "It is unlawful to:
* Have a loaded firearm in, on, or leaning against any vehicle. This includes ammunition in the magazine or a muzzleloader ready to fire" for no reason.


http://law.justia.com/maryland/codes...nr/10-410.html

Gbmaryland 07-13-2011 21:13

I have a copy if a letter from the attorney generals office in Maryland, it indicates that it is not against the law to have loaded magazines. This is persuant to the fact that MD law clearly indicates that the firearm is holstered separately from the mags / speed loaders / ammo in general.

The clarification was reqested in writing from a MD state senator, and responded to by the assistant AG.

I don't get the impression they were happy about it.

Also, long guns that do not fall into the category of "regulated" firearms can be kept in the car without going or coming directly from one of the a places listed above.

Of course, I would not expect a normal officer to know the differences. For example: An AR15 is a regulated firearm, but an AR10 is not. AR10s are not on the list. Also, copies of
Colt HBAR rifles are not regulated either. So, if you were to purchase an AR reciever, it's regulated and in the systemm, like a handgun. However, if you build it out as an HBAR clone, it's not a regulated firearm anymore.

Hard to follow.


This is why I keep a copy of that letter in my range bags. Since I like to load up mags prior to going to the range.

swinokur 07-14-2011 05:50

AG ruling on loaded mags

VIPRETR2 07-16-2011 14:47

Quote:

Originally Posted by Gbmaryland (Post 17627492)
So, if you were to purchase an AR reciever, it's regulated and in the systemm, like a handgun. However, if you build it out as an HBAR clone, it's not a regulated firearm anymore.

From what I understand you can not build an unregulated firearm out of regulated parts. In other words you can't build an unregulated HBAR with a regulated receiver. Once the lower is "in the system" it stays forever. I wouldn't advise building an HBAR like this and trying to sell it as unregulated in Maryland.

aliasneo07 08-28-2011 23:06

Quote:

Originally Posted by hogarth (Post 12163602)
Forgive me for being late to this thread.

You should know that in MD, a loaded MAGAZINE is considered to be a loaded FIREARM! Seriously. So when transporting mags within the state or through the state, the mags must be unloaded.

That is incorrect. Loaded mags are okay

byf43 01-13-2012 10:44

Quote:

Originally Posted by VIPRETR2 (Post 17639728)
From what I understand you can not build an unregulated firearm out of regulated parts. In other words you can't build an unregulated HBAR with a regulated receiver. Once the lower is "in the system" it stays forever. I wouldn't advise building an HBAR like this and trying to sell it as unregulated in Maryland.

Sorry. I don't stop in this sub-forum very often.

When I bought my Colt HBAR (Colt Sporter Match HBAR to be exact), in July, 1994, the dealer submitted the 'paperwork' on this rifle, even though according to the law(s), he didn't have to.

Now, IF I ever decide to sell it, this rifle has to be transferred just like it was a 'restricted' arm, in Maryland.

Once in the system . . . always in the system.:steamed:

Ahmid 07-29-2013 10:04

Quote:

Originally Posted by Reswob (Post 16855811)
The law rarely gets in the way of cops in anti-gun states arresting you. Especially MD.

You hit it right directly on the the head. The law means nothing in Maryland.
They will lock you up in a heartbeat even if you have the entire pistiol taken apart and put into seperate packages no ammo no magazine. It's worth it to take a detour around that state.


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