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Old 01-17-2011, 09:13   #1
Gallium
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Maryland folks, what are the rules for possession by out of towners?

Handgun possession, that is.

If this feasible, or is a permit to possess required?

Thanks!
'Drew
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Old 01-17-2011, 10:07   #2
ChuteTheMall
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Off the top of my head, as a Virginian within 10 miles of MD:

You can't carry openly, or concealed.

In a vehicle, if you are actually enroute to or from a legal shooting event, you have to keep the unloaded handgun in a closed container inside the trunk, and the ammo inside a different closed container inside the trunk. And a loaded magazine is illegal, being considered as a loaded firearm.

If your vehicle has no trunk, such as a van or truck, you are supposed to keep everything as far from your reach as possible.

When I go to MD for a GSSF or other shooting event, I keep an empty J-frame and a loaded speedloader in separate containers on top of my other guns & ammo, because that's the fastest way I know to go from Maryland-legal to prepared.

Maryland should be avoided in general.

Now let's see who quotes actual law sections.

Edited to add: I never heard of any non-resident or other permit to possess.
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Last edited by ChuteTheMall; 01-17-2011 at 10:09..
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Old 01-17-2011, 10:21   #3
swinokur
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MD statute 4-203 below. You can own a handgun without registration unless purchased new in MD, then the serial number is sent to MSP. As mentioned, there are only a few situations where you can have a handgun in your vehicle. If going to a range, gun shop, shooting event, etc the weapon only needs to be unloaded and in an enclosed case or holster. The ammo does not need to be separated and a loaded magazine is permissible as long as it's not in the weapon.

No OC and CC permits are virtually impossible to get unless you are well connected politically.

Salient points highlighted:

Quote:

<article id="maincontent"> Maryland Criminal Law Section 4-203

<center>Article - Criminal Law </center>
4-203. (a) (1) Except as provided in subsection (b) of this section, a person may not:
(i) wear, carry, or transport a handgun, whether concealed or open, on or about the person;

(ii) wear, carry, or knowingly transport a handgun, whether concealed or open, in a vehicle traveling on a road or parking lot generally used by the public, highway, waterway, or airway of the State;

(iii) violate item (i) or (ii) of this paragraph while on public school property in the State; or

(iv) violate item (i) or (ii) of this paragraph with the deliberate purpose of injuring or killing another person.

(2) There is a rebuttable presumption that a person who transports a handgun under paragraph (1)(ii) of this subsection transports the handgun knowingly.

(b) This section does not prohibit:

(1) the wearing, carrying, or transporting of a handgun by a person who is on active assignment engaged in law enforcement, is authorized at the time and under the circumstances to wear, carry, or transport the handgun as part of the person's official equipment, and is:

(i) a law enforcement official of the United States, the State, or a county or city of the State;

(ii) a member of the armed forces of the United States or of the National Guard on duty or traveling to or from duty;

(iii) a law enforcement official of another state or subdivision of another state temporarily in this State on official business;

(iv) a correctional officer or warden of a correctional facility in the State;

(v) a sheriff or full-time assistant or deputy sheriff of the State; or

(vi) a temporary or part-time sheriff's deputy;

(2) the wearing, carrying, or transporting of a handgun by a person to whom a permit to wear, carry, or transport the handgun has been issued under Title 5, Subtitle 3 of the Public Safety Article;

(3) the carrying of a handgun on the person or in a vehicle while the person is transporting the handgun to or from the place of legal purchase or sale, or to or from a bona fide repair shop, or between bona fide residences of the person, or between the bona fide residence and place of business of the person, if the business is operated and owned substantially by the person if each handgun is unloaded and carried in an enclosed case or an enclosed holster;

(4) the wearing, carrying, or transporting by a person of a handgun used in connection with an organized military activity, a target shoot, formal or informal target practice, sport shooting event, hunting, a Department of Natural Resources-sponsored firearms and hunter safety class, trapping, or a dog obedience training class or show, while the person is engaged in, on the way to, or returning from that activity if each handgun is unloaded and carried in an enclosed case or an enclosed holster;

(5) the moving by a bona fide gun collector of part or all of the collector's gun collection from place to place for public or private exhibition if each handgun is unloaded and carried in an enclosed case or an enclosed holster;

(6) the wearing, carrying, or transporting of a handgun by a person on real estate that the person owns or leases or where the person resides or within the confines of a business establishment that the person owns or leases;

(7) the wearing, carrying, or transporting of a handgun by a supervisory employee:

(i) in the course of employment;

(ii) within the confines of the business establishment in which the supervisory employee is employed; and

(iii) when so authorized by the owner or manager of the business establishment; or

(8) the carrying or transporting of a signal pistol or other visual distress signal approved by the United States Coast Guard in a vessel on the waterways of the State or, if the signal pistol or other visual distress signal is unloaded and carried in an enclosed case, in a vehicle.

(c) (1) A person who violates this section is guilty of a misdemeanor and on conviction is subject to the penalties provided in this subsection.

(2) If the person has not previously been convicted under this section, 4-204 of this subtitle, or 4-101 or 4-102 of this title:

(i) except as provided in item (ii) of this paragraph, the person is subject to imprisonment for not less than 30 days and not exceeding 3 years or a fine of not less than $250 and not exceeding $2,500 or both; or

(ii) if the person violates subsection (a)(1)(iii) of this section, the person shall be sentenced to imprisonment for not less than 90 days.

(3) (i) If the person has previously been convicted once under this section, 4-204 of this subtitle, or 4-101 or 4-102 of this title:

1. except as provided in item 2 of this subparagraph, the person is subject to imprisonment for not less than 1 year and not exceeding 10 years; or

2. if the person violates subsection (a)(1)(iii) of this section, the person is subject to imprisonment for not less than 3 years and not exceeding 10 years.

(ii) The court may not impose less than the applicable minimum sentence provided under subparagraph (i) of this paragraph.

(4) (i) If the person has previously been convicted more than once under this section, 4-204 of this subtitle, or 4-101 or 4-102 of this title, or of any combination of these crimes:

1. except as provided in item (2) of this subparagraph, the person is subject to imprisonment for not less than 3 years and not exceeding 10 years; or

2. A. if the person violates subsection (a)(1)(iii) of this section, the person is subject to imprisonment for not less than 5 years and not exceeding 10 years; or

B. if the person violates subsection (a)(1)(iv) of this section, the person is subject to imprisonment for not less than 5 years and not exceeding 10 years.

(ii) The court may not impose less than the applicable minimum sentence provided under subparagraph (i) of this paragraph.
MD isn't VA, but it's not NJ, DC or NY either. A lawsuit is currently in US District Court to force a shall issue permit system. We will have to see what happens. See section 3 for the hotel as residence portion
</article> <form name="ask_a_lawyer_form" method="post" action="http://answers.justia.com/ask" accept-charset="utf-8"><label for="edit-question-question"></label><textarea class="blur" name="title" id="edit-question-question" rows="5" cols="60" title="Enter your question here. e.g., Do I need a bankruptcy lawyer?" placeholder="Enter your question here. e.g., Do I need a bankruptcy lawyer?"></textarea> <textarea name="information" id="edit-question-details" rows="9" cols="60" title="If you have additional details about your question fill them here" placeholder="If you have additional details about your question fill them here" class="hidden blur"></textarea> </form><aside id="networks" class="widget">
<aside id="ask_a_lawyer" class="widget"><aside id="top-contributors" class="widget">

</aside></aside></aside>

Last edited by swinokur; 01-18-2011 at 07:52..
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Old 01-18-2011, 05:00   #4
Gallium
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Quote:
MD isn't VA, but it's not NJ, DC or NY either.
Hey!

I have an unrestricted carry permit from my county (the only type they issue), good everywhere except NYC.



My specific question is: Can a out of stater bring a handgun (usual condition - unloaded, locked, ammo separate) into MD for a few days, keeping the gun in his/her hotel room?

Thanks!

'Drew
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Old 01-18-2011, 07:39   #5
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Quote:
Originally Posted by NYC Drew View Post
Hey!

I have an unrestricted carry permit from my county (the only type they issue), good everywhere except NYC.



My specific question is: Can a out of stater bring a handgun (usual condition - unloaded, locked, ammo separate) into MD for a few days, keeping the gun in his/her hotel room?

Thanks!

'Drew
Sorry Drew. Let me restate. MD isn't VA, but it's not NJ, DC or NYC either !

I have had long discussions about the hotel thing with other MD gun owners and the consensus is that a hotel is your domicile/residence while you are here, so it was felt you'd be legal. Having said that we could not find any MD case law that would either support or not support our opinion. See highlighted section 3 above. IIMO you'd be ok as a hotel room could be considered a bona fide residence while you are here.

IANAL

Howzatt?


Last edited by swinokur; 01-18-2011 at 07:53..
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Old 01-18-2011, 11:05   #6
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I live in WV and have a permit for my home state, but anytime we travel to PA to see my wifes' family an I go thru MD, I follow all MD laws reguarding traveling with a firearm. That being said I wonder about the whole transporting to requirements, because the way I read it you can't just be transporting through MD to get to a place that might accept your permit, you have to be going to your home, an event or a repair/gunshop.
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Old 01-18-2011, 11:20   #7
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Sure you can. Google FOPA. Covers exactly what you want to do.
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Old 01-18-2011, 11:36   #8
Gallium
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Quote:
Originally Posted by swinokur View Post
Sorry Drew. Let me restate. MD isn't VA, but it's not NJ, DC or NYC either !

I have had long discussions about the hotel thing with other MD gun owners and the consensus is that a hotel is your domicile/residence while you are here, so it was felt you'd be legal. Having said that we could not find any MD case law that would either support or not support our opinion. See highlighted section 3 above. IIMO you'd be ok as a hotel room could be considered a bona fide residence while you are here.

IANAL

Howzatt?

Thanks. Keep yer eyes peeled in May. I may just be that test case.
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Old 01-18-2011, 12:01   #9
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Quote:
Originally Posted by NYC Drew View Post
Thanks. Keep yer eyes peeled in May. I may just be that test case.
where will you be staying? maybe you'll have time to eat or go shooting?
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Old 01-18-2011, 12:13   #10
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Quote:
Originally Posted by swinokur View Post
where will you be staying? maybe you'll have time to eat or go shooting?

I'll hit you with a PM as soon as I get the green light from Parole and get fitted with the out of state ankle bracelet!

'Drew
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Old 01-18-2011, 12:40   #11
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Quote:
Originally Posted by NYC Drew View Post
I'll hit you with a PM as soon as I get the green light from Parole and get fitted with the out of state ankle bracelet!

'Drew
An ankle bracelet and a gun? very nice
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