Legalities For Traveling Armed to Maryland

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Risky

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Just found out that my brother-in-law is having his wedding in Maryland sometime next year. I'd like to get the run down on the legalities of traveling armed and have a couple of questions I hope someone can help me out with:

I'll be taking a Gen 4 Glock 19. As I understand it, I must have <10 round mags, but does the Gen 4 Glock make Maryland's 'approved list' for handguns or whatever?

I plan on keeping the gun locked in a safe in the trunk during the drive, then keeping it in the hotel room at night. I know I'm covered by the FOPA while on the road in that manner, but will I run into any legal issues by carrying the locked case by hand and keeping it in the hotel room?

Lastly, I am a special deputy with my local Sheriff's office. I am a 'sworn' law enforcement officer, but I am not a 'certified' police officer by state regulation. I don't do much traveling outside KY and when I do its normally to a state with reciprocity for my CCDW license. Would I be covered under the LEOSA to carry in MD?
 
Lastly, I am a special deputy with my local Sheriff's office. I am a 'sworn' law enforcement officer, but I am not a 'certified' police officer by state regulation. I don't do much traveling outside KY and when I do its normally to a state with reciprocity for my CCDW license. Would I be covered under the LEOSA to carry in MD?

There is not a whole lot of case law on this kind of thing. I don't know what a court will eventually say about it. I suspect there are a fair number of "sort-of-cops" like you relying on that status out of state that get away with it because they do not get caught.

Did the sheriff's department issue you the ID the LEOSA requires?

IMO, if you are covered by the LEOSA, it would cover you inside KY and you would not need a carry license at all. LEOSA does not cover a qualified person just when he or she is out of his home state.

I think you might be best to just leave your gun at home.
 
I agree with ilbob's comment. Whenever I travel through Maryland I lock up my guns in the trunk. I travel quite often up north and only have 17 miles of Maryland to go thru. Better safe than sorry.
 
Sorry Ilbob, you're wrong. LEOSA does cover a duly qualified officer either in or OUT of his home state. A person meeting those stipulated qualifications may carry in any state or territory in which U.S. law applies.

Most strongly recommend OP google LEOSA and determine if he is in fact covered.
 
I hope you're not staying in PG county. The further you are from DC the better off you're likely to be.
Google: 'PG County Maryland police corruption brutality'
 
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Sorry Ilbob, you're wrong. LEOSA does cover a duly qualified officer either in or OUT of his home state. A person meeting those stipulated qualifications may carry in any state or territory in which U.S. law applies.

Most strongly recommend OP google LEOSA and determine if he is in fact covered.

That is what I said. Did you read what I actually wrote?
 
In accordance with 18 USC § 926B,[4] a "qualified law enforcement officer" means an employee of a governmental agency who:

is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law, and has statutory powers of arrest, or apprehension under section 807(b) of title 10, United States Code (article 7(b) of the Uniform Code of Military Justice);
is authorized by the agency to carry a firearm;
is not the subject of any disciplinary action by the agency which could result in suspension or loss of police powers;
meets standards, if any, established by the agency which require the employee to regularly qualify in the use of a firearm;
is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and
is not prohibited by Federal law from receiving a firearm.

Additionally, 18 USC § 926B requires that the individual must carry photographic identification issued by the governmental agency for which the individual is employed that identifies the employee as a police officer or law enforcement officer of the agency.

On-duty status determines LEOSA-eligibility. Thus, as long as the person meets the definition of "qualified law enforcement officer" in an on-duty capacity, whether an officer is a full-time, part-time, or reserve peace officer is not relevant in determining whether a person is a "qualified law enforcement officer" under LEOSA. LEOSA's definition of "qualified law enforcement officer" does not include a requirement that a person have law enforcement authority off-duty.[
 
If you plan to claim you are allowed to carry a concealed firearm under LEOSA, better check the statute carefully. It doesn't just say that anyone with a badge qualifies - there are some very specific rules about length of service, type of position, etc.

As for MD law, if you are passing through MD, this applies:

Q. Can I legally transport firearms interstate? (From the MD State Police)
A. Yes, under Title 18, Section 926A, of the United States Code, a person who is not prohibited from possessing, transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment. In the case the vehicle does not have a compartment separate from the driver's compartment the firearm or ammunition shall be contained in a locked compartment other than the glove compartment or console.
Note: If you travel through MD with the firearm unloaded and secured you are covered under Federal law. If you stop or interrupt your trip you then come under state law.

Since you will be coming to MD, not just passing through, the FOPA does not apply. As soon as you break your trip, you are under state law.

The fact is that if you keep the gun locked up while travelling and secure it in a home on arrival, you should have no problem. But the best thing you can do is to simply LEAVE THE GUN AT HOME.

If you can't possibly be without a gun for even a short time, and you don't want to risk arrest, then stay home. You can like that or lump it, or cuss me out, but realistically, you will not likely need to defend yourself, though you may know your family better than I do. ;)

Jim
 
Read MD statute 4-203. This is the handgun transport statute. As noted, once you make MD your destination, you have no FOPA defense.

Be very careful.

IANAL
 
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Thanks for the input every, I appreciate it. I do have a Sheriff's Dept issued ID and the rest but I'm still not sure whether or not LEOSA applies to me due to the statutory arrest clause. Though according to Kentucky statutes every peace officer has the authority to arrest, I still don't have the administrative authority from the Sheriff to effect an arrest, myself. I'm not sure if that comes from a liability standpoint or what but we're directed to only 'detain' an individual until a certified officer can issue the citation and arrest the individual. It doesn't appear that I would fall under category b of MD 4-203, so it looks like there's no way for me to legally transport my firearm.

If you can't possibly be without a gun for even a short time, and you don't want to risk arrest, then stay home. You can like that or lump it, or cuss me out, but realistically, you will not likely need to defend yourself, though you may know your family better than I do.

Realistically I will likely not need my seat belt for that entire road trip either but I'm certainly going to wear it. I never said I 'can't be without my gun' but I do find it odd that someone on this forum would insinuate that I'm paranoid for not wanting to travel with my family unarmed on a 9 hour drive and multiple day stay to a state and an area I'm unfamiliar with.
 
If you travel with your gun and ammo locked away you mostly likely won't encounter a problem from the police. But, if you do need to use your gun for self defense while in Maryland in any location other than your abode - all bets are off!

Just make sure your exterior car's head and brake lights work, turn on wipers and headlights during rain, car plates up to date and, for heaven's sake, don't speed. In other words, become invisible and avoid attracting attention.
Happy motoring in our 'Free State'. :D
 
The problem is if your firearm is not being transported under one of the few activates allowed in the statute, you can be charged. I'm not saying it will happen, but something to consider.

ie, going to a gun shop, range, etc., training etc.
 
Why don't you just ask your supervisor if you are covered under LEOSA? Your department should know if they are willing to vouch for your eligibility under LEOSA if you are stopped in another state and the watch commander puts in a call to your Sheriff to confirm your status.
 
If your title, based on state law, training, etc. qualifies you under LEOSA, the fact that your particular supervisor will not allow you to personally make an arrest seems irrelevant. If the position, without your supervisors restrictions, would otherwise allow you to make arrests, and meet all other relevant qualifications required, I'd say you qualify under LEOSA. I'm assuming you carry on duty, having passed state police officer firearms training qualifications to carry a weapon on duty. If your ID shows you to be a police or peace officer, you should be good to go.

My personal assessment, not legal advice.

That being said, I'm a retired peace officer and occasionally travel armed interstate under LEOSA. I still worry about some numbskull LEO in a restrictive state having no clue about LEOSA. I'm especially concerned re: hollow point ammo, which the act now allows in any state, regardless of local law. Local magazine capacity laws still apply though. I carry a photocopy of the act in my car.
 
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With regard to the OP question about the gun and the magazine capacity, you will have no problem. The Maryland list of approved handguns is for purchasing in the state of Maryland for guns made after a certain date. You already own the gun so that does not apply.

The magazine size limit is moot for you. You already own the magazine. The Maryland law restricts the buying, selling, manufacturing or transferring of magazines of greater than 10 rounds of capacity. Possessing a magazine that holds more than ten rounds is not illegal. (This is Maryland -- don't try to make sense of this.)

Traveling with your gun locked up and ammunition separated from it will satisfy Maryland's firearms transport laws. When you get to your hotel you can load the gun and keep it in your room. But to and from the room and your auto you need to keep the gun locked up (and unloaded) and the ammunition separate from it.

I cannot speak to the LEOSA topic. Just be very sure what you do is legal. If you are found to be carrying a gun with out the proper exemption you will very likely be arrested. In some rural jurisdictions they may cut you some slack. But in and around Baltimore and Washington, D.C. you could be in deep trouble.

Enjoy the wedding and the Maryland cuisine.
 
Traveling with your gun locked up and ammunition separated from it will satisfy Maryland's firearms transport laws.

I wouldn't bet on that statement. If you're passing through on your way to somewhere else, then it's true. If you stop for the night, not so much. Just don't get pulled over by the police, and if you do, never consent to a vehicle search. But considering the way most people there drive, being pulled over would be a rare event indeed unless you're some sort of maniac driver. I lived in that God-forsaken place for nearly 20 years and never was.
 
I plan on keeping the gun locked in a safe in the trunk during the drive, then keeping it in the hotel room at night.

Please forgive me as I do not wish to sound harsh but I fail to see the need for a firearm under the circumstances you are describing.

I would foresee the greatest need for a firearm when on the road…road rage, stopping at rest area, getting lost and driving through a high crime area. In any of these events are you going to call time out you retrieve and load your gun?

You have a high degree of security in the motel you stay need by which one you choose. There are devices you can make or purchase to prevent the door from being forced open while you are inside.

Zeemu has the best advice and ask yourself is this trip really necessary?
 
From what you said, you would appear to fall under LEOSA if you do indeed have statutory powers of arrest. In the end you will have to be your own council as the very nature of LEOSA precludes a law enforcment agency for who you work from giving you a 'thumbs up or down' as to whether or not you are covered by the law. They could tell you what they think, but their assessment of your status under the law is irrelevant. Best bet would be to seek a lawyer's advice if you're not sure. Have a safe trip!
 
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There is no requirement under the MD statute 4-203 for ammo to be separate from the firearm. Only that the firearm not be loaded.The AG has issued an opinion that loaded mags are ok, as long as not in the firearm. It is attached.

FOPA requires both the ammo and firearm to be separate from the passenger compartment but has no other separation requirement, except a vehicle with no trunk, either the ammo or firearm must be in a locked case. Once MD is your destination, MD law applies, not FOPA.

Be very careful. The MD statute has a very narrow allowance for activities for handgun transport intrastate. I agree if you decide to bring it carry it into your hotel room in a locked case unloaded. Say nothing to anyone, especially the hotel staff. Make sure you have a way to secure the firearm in your room, including the theft of the case itself if no room safe is available.

IANAL.
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You have a high degree of security in the motel you stay need by which one you choose. There are devices you can make or purchase to prevent the door from being forced open while you are inside.

It is for the hotel stay and for carrying through the states that I have reciprocity with. I plan to stay at the best one I can afford but that doesn't rule out all bad things from happening. Locked doors with a chair up under the handle are all well and good but if something happens and if that fails I don't want my last alternative to be throwing the phone book.

Different mindsets I suppose, but I simply carry as often as I can where I legally can rather than weighing the probabilities and likelihoods of it's use. Like I always tell people that ask me 'why do you need a gun where you're going?', I don't actually think that I'll need it. If I was going somewhere where I actually thought I would need the thing I simply wouldn't go. However, it really is a miniscule effort to actually put up with carrying regularly and to understand the legalities involved compared to the value if it comes down to relying on my carry gun.
 
The guy who taught our concealed carry class spent 6 months in a MD jail awaiting trial because he was arrested by a deputy sheriff for having a gift wrapped stun gun with a package of batteries in his truck. She made him unwrap it, open the battery package, stick the batteries in it, and turn it on - then arrested him for having an illegal weapon. I won't set foot into MD if I can prevent it.
 
She made him unwrap it, open the battery package, stick the batteries in it, and turn it on - then arrested him for having an illegal weapon.
And he actually DID it? :scrutiny: No officer can MAKE you do anything of the sort -- or really anything else, standing on the side of the road. The correct response is, "No, I do not consent to any searches," and then "Am I under arrest or am I free to go?" If they're going to search, they don't need your help. If they want something out of a wrapper and made to function, they can do that themselves if they have cause. Politely decline. They can't arrest your for failure to unwrap a gift and put the batteries in it. :rolleyes:

Don't think I'd be taking classes from anyone who admitted to making those mistakes. But maybe he uses his own failures as an object lesson in what NOT to do!
 
In reading through this thread, I am reminded in several instances the mantra of my CWP instructor. "If you don't know and completely understand the laws of each state that you enter, DO NOT carry in that state. Know the information yourself, and DO NOT rely on other's interpretations." He also made the comment that those that give you the advice about other state's laws will most likely not come bail you out of said state's jails.

As some one else said in this thread, Leave your gun at home.
 
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