Driving through Maryland with a non-resident Concealed Carry Permit

[porthole]

We already know that New Jersey and New York flout Federal Law that allows you to transport firearms.

In New Jersey it is illegal to possess a slingshot

 

[danemayer]

If the gun is secured in a safe, isn't the gun adequately stored to satisfy Maryland?

In the news story, the Florida gun owner didn't even have his gun with him. He was harassed because he had a Florida CHL.

Federal law allows you to transport a firearm, locked up, with ammo locked up separately, even through a state like Maryland that prohibits you from carrying a firearm. But if you stopped overnight, you're governed by state law and in Maryland, you'll be breaking Maryland law.

Some states are hostile to gun ownership. As discussed on other threads, New York and New Jersey go so far as to arrest you even when you're in compliance with Federal Law, and then let you go to court and use Federal Law as an affirmative defense. They know you'll be found not guilty but they have made the decision to harass gun owners.

If your RV is hooked up to your truck and the officer finds some reason to claim probable cause for a search, the RV will likely be treated as an extension of your truck and not as a residence. Will they get a search warrant? Not if they declare probable cause to justify the search. Will they open your safe? Who knows. If they've gone that far, why would they stop when they get to a safe.

After the fact, will you be able to get help from the Justice Dep't? Maybe in theory. But since the Attorney General seems to be anti-gun ownership, I'm guessing you won't get much help.

Will you win your case when you get to the Supreme Court. Maybe. If you want to roll the dice and maybe become famous, go to Maryland.

 

[TXTiger]

I am not an expert and every state has different laws. As I believe, the passenger area of a car, surrounded by glass, does not have a reasonable expectation of privacy and can be searched without a warrant subject to a lawful stop based on probable cause. Only the passenger area may be searched without a warrant. The trunk, absent a consent to a search, requires a warrant. I would believe that a 5th wheel being towed would also require a warrant or consent to a search. When you are parked and in campground a 5th wheel or any RV is an extension of a home and any search requires a warrant or consent to a search or exigent circumstances which would be an exception to a warrant.

 

[Lynn1130]

TwoToes, you are correct. The kicker is that if I find illegal items in a plain view, searchable area, there MAY be grounds to expand the search without a warrant.
DaneMayer, you are assuming that all police are going to circumvent the Constitution by searching illegally. The fact is that most will err on the side of caution, unless there are circumstances that make an immediate search necessary. And in my years of experience dealing with these, officers who have the time will call the legal advisor, (yes most all PD/SOs etc have a legal department) get direction and move with that. I have no doubt that some states are anti gun but police still have to work within the law. Not to do so will, in the least, result in the case being thrown out by the prosecutor or a lawsuit naming the officer(s). Even when I knew, beyond any reasonable doubt that I was correct I sought legal advice if the time allowed and remember search warrants have to be reviewed by a judge before it is authorized. Getting one can take hours, writing it up and finding a judge (in the middle of the night).

 

[JanAndBill]

This whole search process is kind of scary because like so many I believe in protecting myself, and we are planning on traveling to DC this year. In researching this last night it appears that the only way the trailer would be exempt from the probable cause search is if it were in a campground, disconnected from the truck, and hooked up to utilites, otherwise it is fair game, as is every compartment of either vehicle. You could and should probably refuse consent to any search, because no matter what they say, giving consent offers no advantage and could hurt a defense later, but it may not stop a search. Most LE are good people simply doing their job. The thing to remember is you are not going to win an argument with them on the side of the road. I could see how this could put fulltimers at a distinct disadvantage. What are they supposed to do with any firearm while in this state, rent a storage locker????

 

[kowAlski631]

Please check gun & ammo laws in DC before you go.


Paul & Martha

Life's too short. Live so you can say "Remember when" not "I wish I had".

 

[TandT]

This is really wordy, but there seems to be a lot of good info here. Trace

http://en.wikipedia.org/wiki/Gun_laws_in_the_United_States_by_state

 

[DW_Gray]

An excellent app to install is Legal Heat.

Sent from my VS980 4G using Tapatalk

 

[porthole]

iPhone apps:
CCW
Posted - Carry list - anti gun


Shortcuts I have saved on the phone:

https://www.usconcealedcarry.com/travel/
http://nraila.org/

 

[jmgratz]

A vehicle is a different animal from your home but with an RV a LEO should obtain a warrant UNLESS there is something that leads him/her to believe evidence will be destroyed before the warrant is obtained or there is a need to enter to save a life, or check welfare. Then the evidence can be secured or the injured person treated but further searching should be done with a warrant. Anything in plain sight is fair game while in the RV. A safe, locked or not needs a warrant.

Unless there is a reasonable belief that evidence will be destroyed it is almost always best to get a warrant. It gives the courts less opportunity to throw out charges.

Keep in mind that search warrants must be specific about what items are being searched for. You can't open a safe if you are looking for something that would never fit into that safe. If I have a warrant for a handgun and there is a locked safe, I can reasonable assume that the weapon could be secured there (if I have not found it yet and if I have, the search is over).

In Texas the vehicle is considered an extension of your home therefore you may carry a concealed weapon in your vehicle without a license.

 

[JanAndBill]

In Texas the vehicle is considered an extension of your home therefore you may carry a concealed weapon in your vehicle without a license.

Only under certain circumstances, and vehicle "is" subject to a warrantless seach (probable cause)

Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:

(1) on the person's own premises or premises under the person's control; or

(2) inside of or directly en route to a motor vehicle that is owned by the person or under the person's control.

(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle that is owned by the person or under the person's control at any time in which:

(1) the handgun is in plain view; or

(2) the person is:

(A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic;

(B) prohibited by law from possessing a firearm; or

(C) a member of a criminal street gang, as defined by Section 71.01.

 

[joet]

I live in MD & our gun laws are terrible. A CCW permit from any other state does not help, however, it is completely leagal to transport a handgun locked in a case which is locked in the "trunk", and you are going to another residence (campground), or traveling through the state. I don't have a trunk on my PU truck so attorney's advice has indicated that locked in my behind-cab toolbox should be fine. Not having a toolbox or a trunk, I would think that locked in a case & locked in the RV trailer, or in a class A, locked in a rear compartment would suffice, or locked in the towed vehicle. They don't want the gun in reach of anybody in the vehicle. For the person who wants to go to DC, I would recommend camping in MD or VA close to DC & keeping the gun out of DC period (although that is where you really need the gun). You don't want to spend even 10 minutes in a DC jail.

 

[JohnDar]

Solution: stay out of states that don't reciprocate on our CPL's. If you live in one that has it's head up its rear, seriously consider relocating.

 

[Autumnspell]

I firmly believe that it is illegal, in Maryland, to protect yourself, or your family from criminals. I believe that the authorities would rather have innocent victims rather than law abiding gun owners. I know I sound crazy but live in Maryland long enough and you'll know what I mean.

The best thing to do is avoid Maryland. If you own a firearm and are not a criminal, Maryland will fix that issue.

If you are a criminal, you know who you are, then going to Maryland is fine. It is only the law abiding who will suffer.

Does I make any sense to own a gun and then have to worry about breaking the law because you want to go to a gun range, or drive through the state, or carry one in your home on wheels? When a person is living in their RV, isn't that their home?

 

[kowAlski631]

That's why we're former residents.


Paul & Martha

Life's too short. Live so you can say "Remember when" not "I wish I had".