 MikeTK1536
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Joined: Jul 2008  VA, USA
 Posts: 184 Feedback: 0% (0) Link To This Post |
Posted: 1/20/2011 10:00:29 AM
Hello,
I'm a native Marylander of 33 years, but moved to VA about four years ago but I still work in MD, specifically wonderful PG County. Here's my question, and it may be rhetorical. The way I read the law, I can transport an unloaded hand gun, separate from a loaded magazine from my residence in VA to place of business in MD. As a supervisor I'm also allowed to do this, so long as I have permission of my boss. As someone who works with, and stores a lot of, shall we say, coveted and expensive electronic devices, we have some "shady" characters come in from time to time, and I usually lock up after dark by myself. Of course, using a firearm to protect myself in such an event opens myself to all the legal issues with that. BUT, at the very least want to be following the letter of the law with regards to transporting my firearm to and from home to business. NOTE: I am not currently doing this, just wanted clarification before doing so. |
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Posted: 1/22/2011 7:15:33 PM
[Last Edit: 1/23/2011 3:12:51 AM by Andras]
I do not think you would be legal to transport your own pistol.
First, you may only transport in a vehicle if you are the owner and operator of the business, and Second, a supervisory employee is not allowed to transport off the premises of the business. Put together, the owner of the establishment must transport the handgun to the store/business for the supervisory employee to use. From the code: exemptions: (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; ... (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 |
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MikeTK1536
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Joined: Jul 2008 VA, USA
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Posted: 2/1/2011 10:41:59 AM
Thanks for the clarification.
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Posted: 4/27/2011 10:30:23 PM
I edited the list of banned assault pistols into the 7th post on the front page, along with the old post about detachable magazines since it is in the same section of MD code.
For general edification of out of staters- MD doesn't have a list of banned features. Other then the list of defined 'assault pistols', no other firearm is banned in the state. Modern pistols not on the roster may not be sold or transferred in the state, but they are legal to bring into the state if purchased in another state. |
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RobertM
Hey Yo!
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Joined: Feb 2001 VA, USA
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Posted: 5/28/2011 10:27:52 PM
P
Originally Posted By Andras:
I do not think you would be legal to transport your own pistol. First, you may only transport in a vehicle if you are the owner and operator of the business, and Second, a supervisory employee is not allowed to transport off the premises of the business. Put together, the owner of the establishment must transport the handgun to the store/business for the supervisory employee to use. From the code: exemptions:p (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; ... (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 I'm in the same boat , I live in VA and go to MD twice a month to work, so I can't even open carry a wheel gun??? |
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Posted: 5/29/2011 2:06:31 AM
Originally Posted By RobertM:
I'm in the same boat , I live in VA and go to MD twice a month to work, so I can't even open carry a wheel gun??? Unless you have a MD CCW, or fit one of the LEO or Federal exemptions on the first page, then no. Even if you are the business owner, it may not be worn unloaded as allowed by the 'shooting activities' clause while traveling. But hey, you can open carry a long arm, the AG said so! |
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Posted: 6/17/2011 10:06:42 PM
The MD "transportation of" handgun rules are very ambiguous. IIRC the issue was brought up a few years ago but lawmakers did not pass. Say I am driving back from the range and need fuel for my car, there is nothing to stop a police officer who saw me with a handgun leaving the range from arresting me if I stop at a gas station or to get food because it is not one of the legally approved destinations. I am guessing that nearly 100% of MD shooters who legally own firearms and travel to ranges to shoot could technically have committed felonies because the way the law is worded
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Posted: 6/19/2011 8:03:09 PM
Originally Posted By fr3d:
The MD "transportation of" handgun rules are very ambiguous. IIRC the issue was brought up a few years ago but lawmakers did not pass. Say I am driving back from the range and need fuel for my car, there is nothing to stop a police officer who saw me with a handgun leaving the range from arresting me if I stop at a gas station or to get food because it is not one of the legally approved destinations. I am guessing that nearly 100% of MD shooters who legally own firearms and travel to ranges to shoot could technically have committed felonies because the way the law is worded Except that its a misdemeanor and not a felony. |
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Posted: 11/20/2011 9:01:42 PM
Andras,
Great stuff. About the "assault pistols", as you might remember in another thread I asked about building up an AR pistol. You replied just to build it as there was no issue since even though the receiver was purchased before "other" was on the 4473, the receiver is "virgin". I came here to double check and read the.... (Note: The Bushmaster Semi-automatic Pistol means the old ARM Pistol, not an AR15 pistol, which is on the roster) ...Now, is that your note or actually a revision written into the law? I just want to make sure. Also, would it be wise to get a letter from Spike's stating that the receiver was not sold as a complete rifle? You know, to prove it's "virinity"? |
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Posted: 11/20/2011 9:47:11 PM
[Last Edit: 10/5/2012 2:59:55 AM by Andras]
Originally Posted By Trumpet:
Andras, Great stuff. About the "assault pistols", as you might remember in another thread I asked about building up an AR pistol. You replied just to build it as there was no issue since even though the receiver was purchased before "other" was on the 4473, the receiver is "virgin". I came here to double check and read the.... (Note: The Bushmaster Semi-automatic Pistol means the old ARM Pistol, not an AR15 pistol, which is on the roster) ...Now, is that your note or actually a revision written into the law? I just want to make sure. Also, would it be wise to get a letter from Spike's stating that the receiver was not sold as a complete rifle? You know, to prove it's "virinity"? That's my note. The Bushmaster AR pistol wasn't in production when the AP list was made. There is a Bushmaster AR pistol on the Roster right now. The AR Pistol can't be an AP since it's on the roster. Same with the 9mm Skorpion (Banned) and .32 ACP Scorpion (Rostered) You don't have to prove shit. They'd have to prove the receiver was originally manufactured as a rifle, and that's for the Feds, not MD. |
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Posted: 1/4/2012 9:52:13 PM
What about AK type pistols? Are the outlawed in md?
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Posted: 1/5/2012 1:45:22 AM
Originally Posted By GreatExile:
What about AK type pistols? Are the outlawed in md? Not outlawed as an Assault pistol IIRC (check page 1), but you'll pretty much have to make one or move here with one. It can't be transferred since it's not on the registry. Now if you can find one manufactured before the registry cutoff then that could be transferred.. |
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Fullpower
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Joined: Nov 2008 AK, USA
Posts: 4739 Feedback: 100% (16) Link To This Post |
Posted: 7/5/2012 9:21:27 PM
Originally Posted By gen1runner:
God I hate MD 
Informative post nonetheless Maryland IS a slave state. |
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Posted: 7/30/2012 12:29:37 PM
[Last Edit: 7/30/2012 12:31:05 PM by kdmoore]
OK, I've read this thread, thanks all.
My case is this: Virginian here. Friend is coming into BWI and I'm meeting her. We'll plan on staying the night, likely do the inner harbor, Aquarium, maybe even a ball game. Am I just SOL re: my carry gun. Common sense (I know, died a long time ago!) would say that I could separate ammo and lock it up in the trunk. Carry it into the hotel room and store it in the room safe/hotel safe. I hate being unarmed. Besides that, We'll move to other areas to visit in VA where I can legally carry. I'm planning to visit a bit of DC as well ... likely will stay in surrounding VA hotel where I can store my handgun before heading into DC. So, am I just out of luck as far as having my handgun with me seeing as I know I'll plan on staying a night and some part of a day in MD?. Anyone know any good places that I could store my handgun in VA, before entering MD? Side note, would welcome any suggestions on things to do before leaving MD, Let's not gum this thread up, but email them to me? Trip happening the end of this week to end of next. Thanks in advance. |
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Posted: 7/30/2012 1:35:37 PM
Bring a rifle or shotgun in a covert case if you feel you have to be armed, but leave your handgun at home.
IANAL/TINLA |
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Posted: 10/4/2012 9:43:23 PM
Anyone know about Federal land? I'm planning on camping in Assateague this weekend and will travel from Hampton Roads. Reading this thread is confusing, but I found this on the NPS.gov website:
Firearms in National Parks The law governing possession of firearms inside a national park changed on February 22, 2010. Visitors may possess firearms within a national park unit provided they comply with federal, state, and local laws. The role of the responsible gun owner is to know and obey the federal, state, and local laws appropriate to the park they are visiting. Please remember that federal law prohibits firearms in certain park facilities and buildings. These places are marked with signs at public entrances. For more information Please visit: http://www.nps.gov/asis/parkmgmt/lawsandpolicies.htm Am I good to go? |
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Posted: 10/5/2012 2:58:37 AM
Good to go with what? Handgun almost certainly no if you are in MD
Long gun? Maybe yes if it's unloaded while in your vehicle. Do you really want the hassle? IANAL/TINLA |
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Posted: 12/24/2012 7:18:11 PM
[Last Edit: 12/24/2012 7:24:27 PM by Andras]
Some questions have been posted regarding inherited firearms. Federal law allows you to receive an firearm and transport it to your home that was acquired as a result of a bequest or intestate succession. MD considers the transaction to be a gift and, in the case of a regulated firearm, requires the recipient to fill out Form 77R and mail it in within 5 days.
http://www.mdgunsafety.com/mspfaq.htm Can the transfer of a regulated firearm be conducted between two family members? Yes, this type of transaction is considered a gift. The law stipulates, if the regulated firearm is a gift to the purchaser’s, spouse, parent, grandparent, grandchild, sibling, or child, the recipient shall: (1)Complete an application to purchase or transfer a regulated firearm; and (2)Forward the application to the Secretary of the State Police within 5 days after receipt of the regulated firearm. Is there a fee when a transaction is considered a gift? No, the fees are waived. Can I acquire a regulated firearm through inheritance? Yes, provided the heir completes an application for the purchase or transfer of a regulated firearm and forwards it to the Secretary of the Maryland State Police. The actual MD code states: PUBLIC SAFETY
TITLE 5. FIREARMS SUBTITLE 1. REGULATED FIREARMS Md. PUBLIC SAFETY Code Ann. § 5-136 (2012) § 5-136. Straw purchases (a) Scope of section. -- (1) This section does not apply to a person who purchases a regulated firearm as a gift if: (i) the regulated firearm is a gift to a resident of the State; and (ii) 1. both the purchaser and recipient of the gift comply with the requirements of this subtitle that relate to the possession, sale, rental, receipt, transfer, or purchase of a regulated firearm; or 2. if the gift is in the form of a gift certificate, only the recipient of the gift need comply with the requirements of this subtitle that relate to the possession, sale, rental, receipt, transfer, or purchase of a regulated firearm. (2) If the regulated firearm is a gift to the purchaser's spouse, parent, grandparent, grandchild, sibling, or child, the recipient shall: (i) complete an application to purchase or transfer a regulated firearm; and (ii) forward the application to the Secretary within 5 days after receipt of the regulated firearm. (3) The Secretary shall waive the $ 10 application fee required under § 5-118(a)(2) of this subtitle for a gift purchased in accordance with this subsection. (b) Prohibited. -- A person may not knowingly or willfully participate in a straw purchase of a regulated firearm. HISTORY: An. Code 1957, art. 27, § 442(b); 2003, ch. 5, § 2. For completeness here are the ATF regs: § 478.29 Out-of-State acquisition of firearms by nonlicensees. No person, other than a licensed im- porter, licensed manufacturer, licensed dealer, or licensed collector, shall trans- port into or receive in the State where the person resides (or if a corporation or other business entity, where it maintains a place of business) any firearm purchased or otherwise obtained by such person out- side that State: Provided, That the provi- sions of this section: (a) Shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State, § 478.30 Out-of-State disposition of firearms by nonlicensees. No nonlicensee shall transfer, sell, trade, give, transport, or deliver any fire- arm to any other nonlicensee, who the transferor knows or has reasonable cause to believe does not reside in (or if the per- son is a corporation or other business entity, does not maintain a place of busi- ness in) the State in which the transferor resides: Provided, That the provisions of this section: (a) shall not apply to the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or any acquisition by intestate succes- sion of a firearm by, a person who is per- mitted to acquire or possess a firearm under the laws of the State of his resi- dence; and (b) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes. § 922 Unlawful acts. (a) It shall be unlawful— ...(3) for any person other than a li- censed importer, licensed manufac- turer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other busi- ness entity, the State where it maintains a place of business) any firearm pur- chased or otherwise obtained by such person outside that State, except that this paragraph (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succes- sion in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State, (B) shall not apply to the transportation or receipt of a firearm obtained in confor- mity with subsection (b)(3) of this sec- tion, and (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter; |
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Posted: 1/14/2013 8:23:37 PM
[Last Edit: 1/14/2013 8:25:51 PM by Andras]
Just a friendly reminder that tannerite is not legal in MD. It is an explosive once mixed and as a result possession is banned unless licensed:
§ 11-105. License required; exceptions (a) In general. -- Except as otherwise provided in this subtitle, a person shall obtain a license issued under this subtitle before the person engages in business as a manufacturer or dealer, possesses explosives other than explosives for use in firearms, or possesses or stores explosives for use in firearms in the State. (b) License to engage in business as dealer required. -- (1) A person shall obtain a license to engage in business as a dealer under this subtitle before the person engages in the business of loading or reloading small arms ammunition in the State. (2) The owner or operator of a mine, quarry, or other operation or business that uses explosives, or a contractor who performs work that uses explosives, shall obtain a license to engage in business as a dealer under this subtitle. (c) Exceptions -- Armed forces and others handling explosives. -- This section does not apply to the armed forces of the United States, the National Guard, the State Guard, or officers or employees of the United States, the State, or a local subdivision of the State who are authorized to handle explosives in the performance of their duties. (d) Exceptions -- Possession of explosives for use in firearms. -- (1) Subject to paragraph (2) of this subsection, a person need not obtain a license to possess or store up to 5 pounds of smokeless powder for the loading or reloading of small arms ammunition, and up to 5 pounds of black powder for the loading or reloading of small arms ammunition or for use in the loading of antique arms or replicas of antique arms, if the smokeless powder and black powder are stored in their original shipping containers and are possessed only for personal use in firearms. (2) A person may not possess or store explosives for use in firearms in any quantity in multifamily dwellings, apartments, dormitories, hotels, schools, other public buildings, or buildings or structures open for public use. (3) Notwithstanding paragraph (2) of this subsection, the State Fire Marshal may issue a permit to allow temporary possession of explosives for use in firearms in a building or structure open for public use. HISTORY: An. Code 1957, art. 38A, §§ 27, 27A, 27B, 29, 35; 2003, ch. 5, § 2; 2012, chs. 502, 503. § 11-114. Prohibited acts; penalty -- In general (b) Possession of explosives other than explosives for use in firearms without license prohibited. -- Except as otherwise provided in this subtitle, a person may not possess explosives other than explosives for use in firearms in the State unless the person is licensed under this subtitle. (f) Violation of regulations prohibited. -- A person may not violate a regulation adopted under this subtitle. (g) Penalty. -- Except as otherwise provided in § 11-116 of this subtitle, a person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $ 5,000 or both. § 11-115. Prohibited acts; penalty -- Explosives for use in firearms; required reports (a) Prohibitions on possession or storage of explosives for use in firearms. -- (1) A person may not possess at any time or store in any one place more than 5 pounds of smokeless powder or more than 5 pounds of black powder for use in firearms unless the person is licensed under this subtitle. (2) A person may not engage in the business of loading or reloading small arms ammunition unless the person is licensed to engage in business as a dealer under this subtitle. (3) Except as otherwise provided in this subtitle, a person may not possess or store explosives for use in firearms in any quantity in multifamily dwellings, apartments, dormitories, hotels, schools or other public buildings, or buildings or structures open for public use. (b) Prohibition on sale of explosives for use in firearms. -- A dealer may not sell, barter, give, or dispose of more than 5 pounds of black powder or more than 5 pounds of smokeless powder for use in firearms to any one person at any one time unless the person is licensed under this subtitle. (c) Failure to file reports or records prohibited. -- A person may not fail to file reports or records required under § 11-112 of this subtitle. (d) Failure to file report of theft prohibited. -- A person may not fail to file a report of theft of explosives required under § 11-113 of this subtitle. (e) Penalty. -- A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 6 months or a fine not exceeding $ 500 or both. |
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