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Posted: 12/28/2005 4:37:23 PM EDT
From what I understand, it is illegal to transport loaded magazines here in PRM, right? What do you guys think are the chances of getting rid of this law? Thanks.

-Zak
Link Posted: 12/28/2005 7:46:40 PM EDT
[Last Edit: 12/28/2005 8:00:16 PM EDT by bblake00]
Yes it's a no, no to transport loaded mags with the firearm in MD. Even if they are seperated for some reason MD still considers it a loaded weapon.

I do no think it will be changed any time soon.

I sent you an IM too.
Link Posted: 12/28/2005 7:57:12 PM EDT
[Last Edit: 12/28/2005 7:59:41 PM EDT by K-Romulus]
It is a quirk of MD law, but nowhere in the code other than a fish & game law does it say anything about loaded magazines being prohibited.

The Fish & Game law speaks to loaded rifle/shotgun "magazines" during transport, but the DNR police emailed me a response saying that they only care about "internal" magazines. Detachable mags were OK to be loaded, sez the unknown email author.

However, I wouldn't put it past a MD judge to "Read Into" the "true meaning" of the code and apply this fish/game law to ALL firearms and ALL types of "magazines." he

Various people I have met in MD have told me stories about local and state police officers either not caring or practically calling the CERT team for backup when encountering loaded magazines either during a traffic stop or while BS'g at a range.Bottom line: until this issue gets straightened out either by court case or through the legislature, DON'T DO IT!!!
Link Posted: 12/29/2005 11:34:13 AM EDT
I agree w/ K-Romulus: I've had the most reaonable LEOs in MD (Balto city cops) tell me face to face that they were trained:

LOADED MAG=LOADED GUN = ARREST. (period)

You might beat the charge in court, but according to the cops I spoke with, you are not about to beat the ride to the station & the booking, bail, confiscation, etc. that follows.

Only one LEO I know of actually knew the law correctly on this point. And Atty. Gen Joe Curran? Don't expect anything from his office since he is on record as being 100% anti-gun.

"It is a quirk of MD law, but nowhere in the code other than a fish & game law does it say anything about loaded magazines being prohibited. The Fish & Game law speaks to loaded rifle/shotgun "magazines" during transport, but the DNR police emailed me a response saying that they only care about "internal" magazines. Detachable mags were OK to be loaded, sez the unknown email author."However, I wouldn't put it past a MD judge to "Read Into" the "true meaning" of the code and apply this fish/game law to ALL firearms and ALL types of "magazines

If any MD LEOs would like to add their side of the story as to what they were taught in the academy or what recent SOP their department follows, please be our guest. Until then, I will not set a tire in MD without unloading every mag in the vehicle.
Link Posted: 1/2/2006 6:50:08 AM EDT
I am a LEO in MD for 11 years, loaded mag does equal loaded gun. That being said 99.9% of our job is to use common sense. A drug trafficer carrying a loaded 9mm Tec- 9 mag in his car will be arrested. An "average joe" with a loaded mag, in a reasonable circumstance will get a pass most of the time. Bottom line though, don't chance that you won't run into trouble and be caught in the .1%
Link Posted: 1/7/2006 6:59:52 PM EDT
[Last Edit: 1/7/2006 7:01:25 PM EDT by pathfinder74]
This is one of those "laws" where if I'm going to a range like Elk Neck, I'm not going to unload all my mags just to reload them an hour later. I don't drive like an asshole and I don't display my guns in my vehicle to the point where if I happened ot get pulled over the cop would demand to see what's in the back. So I don't give it much though.

If I happen to be going shooting at On Target, it doesn't do me any good to have loaded mags because they don't allow you to enter the range with loaded mags.... and they DO check before you go in.

But yes, it's a dumb "law" that will more than likely be taken out of context by a judge in order to get money for the county... it looks good on their resume to have jacked up as many people as possible. It's not in a judge's best interest to pass up an opportunity to bring in revenue to their fair city/county...
Link Posted: 1/7/2006 7:35:11 PM EDT

Originally Posted By ltluckydog:
I am a LEO in MD for 11 years, loaded mag does equal loaded gun. That being said 99.9% of our job is to use common sense. A drug trafficer carrying a loaded 9mm Tec- 9 mag in his car will be arrested. An "average joe" with a loaded mag, in a reasonable circumstance will get a pass most of the time. Bottom line though, don't chance that you won't run into trouble and be caught in the .1%



Lt:

Thanks for posting that.

I have one BIG question for you:

If you were to arrest someone for having a loaded magazine in public,
what statute would you charge them with violating?
Link Posted: 1/9/2006 3:53:03 PM EDT
K,


The context that I was reading into this was that you have a gun (most likely a handgun) and when transporting, you take the mag out of the weapon and transport it close by (Gun in glove box, loaded mag under seat for instance). This is the type of situation I was referrring to in saying that it is a no-no.

Simply carrying around a loaded magazine is no crime that I am aware of , unless you are not able to lawfully possess regulated ammunition.

Hope this clarifies
Link Posted: 1/10/2006 9:48:09 AM EDT

Originally Posted By ltluckydog:
K,


The context that I was reading into this was that you have a gun (most likely a handgun) and when transporting, you take the mag out of the weapon and transport it close by (Gun in glove box, loaded mag under seat for instance). This is the type of situation I was referrring to in saying that it is a no-no.

Simply carrying around a loaded magazine is no crime that I am aware of , unless you are not able to lawfully possess regulated ammunition.

Hope this clarifies


So there would be no problem if you pulled me over with 3 ar15s, and a couple of .45s in the back seat, and 30+ loaded mags in the trunk?
Thank you in advance for the clarification.
John
Link Posted: 1/10/2006 10:02:14 AM EDT
Email sent to John
Link Posted: 1/11/2006 7:07:50 PM EDT
[Last Edit: 1/11/2006 7:53:24 PM EDT by brillo]
I've been looking at the statutes of other states to get some clarification on how this "loaded magazine = loaded gun" issue has been handled and it seems to pertain mostly to accessability, e.g., handgun and seperate loaded mag in unlocked glove compartment = loaded handgun, handgun in trunk and mag in glove compartment = no violation. Maybe.

From the Georgia Code:
. . .
(2) For the purposes of this Code section, a pistol or revolver is considered loaded if:
. . .
(C) The pistol or revolver and the ammunition for such pistol or revolver are in such close proximity to such person that such person could readily gain access to the pistol or revolver and the ammunition and load the pistol or revolver.
Link Posted: 1/11/2006 8:12:32 PM EDT

Originally Posted By ltluckydog:
Email sent to John


I dont know if ar15.com email sys is acting funny, but I didnt get that email. Im quite interested to hear what you have to say though, so JohnBuuu@aol.com if you would be so kind as to resend.
Thanks m8
John F.
Link Posted: 1/12/2006 9:51:19 AM EDT
I'll just respond here. I never said the law made sense, I never said I agree with it. I just don't want to see anyone get jammed. There are way to many lawyers, with way too much time on their hands to handle all these "details". In the mean time, don't give anyone in law enforcement an excuse to potentially jam you, and your firearm up. Take the time, unload the mag, or just pray you don't get stopped at the wrong time by the wrong person. I know what decision I would make.


BTW I am not a lawyer, just someone trying to look out for like minded individuals

End of story
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