Scrofano Law PC
Federal law does permit
Hi, this is Morgan Leigh with Sano Law PC here to talk to you today about what you need to know when transporting your firearm through or within the state of Maryland. Our law firm gets lots of calls from individuals who want to know what they need to do to comply with state and federal law. So I hope you find this video useful. We're going to be focusing on handguns specifically today. The first thing that you need to know is that federal law does permit an individual to transport their lawfully possessed firearm through the state of Maryland. If it is kept in a compartment separate from the passenger compartment, we're talking about a trunk, not a glove box or a center console. The firearm must be unloaded, meaning that the chamber's empty and that the magazine is detached. If your vehicle does not have a trunk, then the firearm or ammunition must be kept in a locked box, preferably not in arm's reach.
Maryland state law
This federal exception only applies if the firearm that you are transporting is lawful within the state that you are transporting it through. So when we're talking about Maryland, high capacity magazines and machine guns are not applicable under the federal statute unless they are possessed lawfully under state law. If you are a resident of the state of Maryland or spending time in Maryland and not just passing through, then Maryland's state law applies. Maryland state law prohibits an individual from carrying, wearing, or transporting a firearm on their person or in a vehicle unless an exception applies. So I'm going to go through the list of exceptions under the Maryland code so that you can determine whether you might fit within one of those exceptions. The first set of exceptions is for law enforcement, sheriffs, corrections officers, and active duty US military personnel and National Guard members. The second set of exceptions applies to individuals who have been issued carry permits under Maryland state law.
No reciprocity with other states carry permits
It's important to know that Maryland does not have reciprocity with other states carry permits, so that permit does have to be issued under Maryland state law. The third category of exceptions is for an individual that is transporting a handgun to or from the lawful place of purchase, a bonafide repair shop between residences owned and possessed by the person in possession of the firearm or between a residence and business if that business is substantially owned or operated by the person possessing the firearm. The next set of exceptions applies to an individual who is transporting a firearm to or from organized military activity, a target shoot, a sporting event, or hunting, or a firearms or hunter safety class that's sponsored by the Department of Natural Resources. Please note that the firearm must be unloaded and carried in an enclosed case or an enclosed holster. The next round of exceptions applies to a gun collector that's transporting their gun collection to or from a public exhibit.
Protective order cases
It is also an exception for an individual to transport and carry a firearm on real estate that the person owns or leases or where the person resides, and within the confines of a business establishment that the person owns or leases. It's also common sense and permissible for an individual to transport a firearm if they have a court order directing them to surrender their firearm. This is very common in protective order cases. If a protective order is issued against you, then a court is going to order that you surrender your firearms and you are permitted to transport the firearm in accordance with being able to comply with that court order. It's also permissible to wear and carry a firearm by a supervisory employee in the course of their employment and within the establishment of the business itself when authorized by management to do so. A common example of this would be security or special police officers. It is a misdemeanor offense to violate Maryland law with respect to unlawfully possessing a firearm, and the maximum penalty is 30 days up to three years for a first offense and 90 days up to three years. If that offense occurs on school property for a second or subsequent offense, the maximum penalty can go all the way up to 10 years. So please travel safely with your handguns, comply with state and federal law. I hope you found this useful and have a great one. Thank you.
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