After FINALLY getting my Illinois concealed carry license after about 130 days about 2 weeks ago, I traveled through Kentucky and into Tennessee and actually had fewer restrictions in those states than in my own home state. One example was that I could carry in rest stops in Kentucky and Tennessee, but not in Illinois. My wife and I will be traveling to Maryland in about a month to visit my son and daughter-in-law. I need to research the laws for Indiana, Ohio, Pennsylvania, West Virginia, possibly Virginia, and Maryland. Weāll also be driving through Washington, D.C.
@zee, Wow! I canāt imagine trying to move that much that far! I hope you can figure out the best way to get it done efficiently!
No, I just covered it up, drove slowly and carefully to avoid any possibility of getting stopped. On the way back it was unloaded, disassembled, and stored separately from the ammo in separate storage compartments in the Travel Trailer I was picking up in Indiana.
I hadnāt even thought about it since I always carry at least one loaded bolt gun, one AR, and one shotgun daily. To me they are just tools like pliers, and hammers and in Texas not only are they legal, they are expected as for most of us in the rural parts of the state they are just considered necessary.
@Trmptr64, the problem is you are traveling to Maryland. You are not legal in Maryland in any way to have a handgun. Federal Interstate Transportation laws will not apply to you in Maryland if you are going to stay with your son or in a hotel/motel. My understanding is you can only travel through the state to a place where you can legally possess the firearm.
Thus if you son lives in VA, you could go through Maryland legally to get to VA. However, if you stop in Maryland to stay at your sonās, you are in violation of the law.
@WildRose, yes I totally agree with you, but my understanding is that federal laws only applies to travel thru the state and not staying in the state. Reading many articles on the USCCA website in the past and attending the legal seminar at the Expo, that is where I understand the problem exist. Even if you stop to get gas or go to the restroom.
Maybe @Dawn could shed some light on the legality question.
Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from 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 other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driverās compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.
I donāt have the resources Attyās do and there may be some clarifying case law but I see no restrictions for overnight stays.
Cornell law is one of my favorite online Legal/Law Resources. If you all like what you see, I encourage you to save a link and consider a small donation annually as itās a costly resource for them to maintain and it is entirely funded through donations.
It wonāt turn a layman into a lawyer but itās a fantastic resource.
@WildRose, thanks again for the information. I will review it all later, just not time right now. The part of my post dealing with "not legal in Maryland " applies to being out of your vehicle. There are too many horror stories of incidents where people are arrested.
Iām checking in with our resident legalese translator and will let you know what I hear.***
EDITED: Checked with our legalese translator and this was the response:
MD has no reciprocity, so if that is your destination, you would not be able to take your firearm. In order for the Federal Peaceable Journey law to apply you must be able to lawfully carry (whether by permit, constitutional carry, etc.) in the state of origin as well as the destination.
That law was recently amended, with the new FOPA/Trafficking in Firearms acts I believe.
The quoted statute also clearly states that state and local laws are ānotwithstandingā ie, inapplicable due to supremacy as I understand the ājargonā.
What is NOTWITHSTANDING ?
Literally meaning irrespective of, the term is also used in the contractual sense. A statement in a contract that is used to highlight contractual obligations arising from multiple parts in the contract, which must be fulfilled irrespectively.
Just catching up. Iām sorry if this has already been mentioned but when I didnāt understand Illinois carry laws. I called the state patrol and asked for some clarification of a couple of things. Maybe it was the state or the trooper but they were very polite and appreciative that I called.
Asking an attorney isnt a bad idea but itās a free phone call to the Maryland state police and tell them youāre traveling thru the state how do you do so legally with a firearm.
@Trmptr64 Iām from Kentucky and used to live in PA and make the trip back to PA at least once a year. IN, OH, VA and WV are easy for CCDW holders. They are not much different than KY. Maryland and DC on the other hand, are more like IL and do not have reciprocity with IL. PA is a lot friendlier but I believe that it does not have reciprocity with IL because IL does not recognize the PA permit.
Thanks for all the discussion on traveling into Maryland! Thatās a big help. Iāll do some more research based on what you have all mentioned. I hadnāt really thought about the difference of traveling through and staying in a state. I have a small, secured gun vault in the car that Iām curious if that will help if I keep the gun unloaded in it and the ammunition in the trunk. It sounds like I wonāt be able to carry it at all while in Maryland. A call to the Maryland State Police is a great suggestion! Thanks again!
@Trmptr64, Please make the call and keep us informed. I still believe you will find that you are ok traveling thru with the gun locked in your car unloaded and ammunition in the trunk. The problem is when you are not traveling and staying with your son. At that point I think you will find you are not permitted to have a handgun.
That sounds pretty clear. Weāll also be traveling though Washington, D.C. and it sounds even more strict than the State of Maryland. I wouldnāt even be able to claim that we were traveling through Maryland since we are going down into a peninsula. It looks like this will be a gun-free trip.
Under the federal law as long as you are passing through you are fine as I read it including stops. The question would be where the case law shows the line between stopping for gas, food, or overnight and staying for more than 24hrs.
Thatās why Iād say contact a lawyer, as a member you should be able to make a call and get a clarification from a MD program atty.
@Dawn I think has forwarded the appropriate questions up the chain so we may get it here in the next day or so.
