Question for LEOs about gun transport
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Question for LEOs about gun transport

This is a discussion on Question for LEOs about gun transport within the HandGuns, Pistols and Revolvers, Long Rifles, Shotguns, SKS, AK, AR forums, part of the Weapons, Protection, Self Defense, Hand to Hand Combat category; In the latest NRA mag they say that Maryland is now using license plate scanners and comparing results to database for out of state CCW ...

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Thread: Question for LEOs about gun transport

  1. #1
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    Question for LEOs about gun transport

    In the latest NRA mag they say that Maryland is now using license plate scanners and comparing results to database for out of state CCW permits. Then they stop and harass and demand to search the vehicle. So I have a few questions.
    1. Is this legal?
    2. Do I have to answer the question “do you have a weapon in the car?”
    3. Is refusal to answer that question “probable cause” to search the vehicle?
    4. Is having a CCW “probable cause” for a search?

    That said, I sometimes travel thru MD and I have an SUV. I have a lockable 50 cal. Ammo box that I secure in my rear cargo area with a steel cable so the box is locked and not removable from the car. I put my unloaded gun in this lock box. I put my unloaded mags and boxed bullets in my unlocked soft sided luggage bags, also in the rear cargo compartment. The ammo can is always covered and not visible from outside the vehicle. And I know to NEVER consent to a vehicle search.
    5. Does this method of transport qualify as legal under federal laws?
    6. If the trooper searches and finds the box, and asks, do I have to declare the gun? Do I have to open it? Can he force it open and seize the gun?

    Now I understand that if the cop is a prick all bets are off. But I’m talking legal here so I could satisfy the law and beat it in court if necessary.
    7. And finally, how about if I field strip the gun (glock) and carry it in the box in a disassembled condition?

  2. #2
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    Quote Originally Posted by Chiefster23 View Post
    In the latest NRA mag they say that Maryland is now using license plate scanners and comparing results to database for out of state CCW permits. Then they stop and harass and demand to search the vehicle. So I have a few questions.
    1. Is this legal?
    2. Do I have to answer the question “do you have a weapon in the car?”
    3. Is refusal to answer that question “probable cause” to search the vehicle?
    4. Is having a CCW “probable cause” for a search?

    That said, I sometimes travel thru MD and I have an SUV. I have a lockable 50 cal. Ammo box that I secure in my rear cargo area with a steel cable so the box is locked and not removable from the car. I put my unloaded gun in this lock box. I put my unloaded mags and boxed bullets in my unlocked soft sided luggage bags, also in the rear cargo compartment. The ammo can is always covered and not visible from outside the vehicle. And I know to NEVER consent to a vehicle search.
    5. Does this method of transport qualify as legal under federal laws?
    6. If the trooper searches and finds the box, and asks, do I have to declare the gun? Do I have to open it? Can he force it open and seize the gun?

    Now I understand that if the cop is a prick all bets are off. But I’m talking legal here so I could satisfy the law and beat it in court if necessary.
    7. And finally, how about if I field strip the gun (glock) and carry it in the box in a disassembled condition?
    First.....pretextual traffic stops are illegal on most states. So there is that. Further, a CCW permit is NOT PC for a stop OR a search. You are NOT required to answer ANY question about what is or is not in your vehicle, and REFUSAL to answer any question is NOT PC for a search either. It may talk you into a ticket, but they have got to have a criminal action/violation in order to even stop you in the first place. Otherwise, you will eventually profit from the lawsuit which should follow.

    Hope this helps,

    -E
    Ken S LaTrans likes this.

  3. #3
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    You don't have to do anything, no it is not legal.

    Want to really piss the cop off... assuming you weren't stopped for speeding, or falsely stopped for speeding, or have an air freshener hanging from your mirror obstructing your view...

    Say:
    1. Under advice of my attorney I don't have to answer any questions.
    2. Can I speak to your supervisor.
    3. Am I under arrest.
    4. I don't have to answer any questions.
    5. Can I speak to your supervisor.
    6. Am i free to go officer.
    7. I don't have to answer any questions.
    8. Am I under arrest.
    9. Am I free to go.
    ...

    Rancher

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  5. #4
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    first of all it has to be true - this has been discussed before on a few sites - they would need to be able access state's databases that have CCW info tied into a DMV database >>>>> every state is different but most don't have that CCW info that readily available - they are fighting for it contending it would improve cop safety ....

    for the rest of it - sounds like you got your butt covered - if Maryland is still taking extraordinary steps to persecute out-of-stater CCWs >>>> they won't be getting away with it ....
    I llini WarriorHidden Content

  6. #5
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    Went passing through a State that you do not have a permit or Licensed in. You come under Federal law. The law is trick about stops. It has to be in a lock container be unloaded and ammo not with weapon. Here is some good advice . If you have complied with all of that. Do not leave the holster laying on the seat. Ask me how I know this.



    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 driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.
    (Added Pub. L. 99–360, § 1(a), July 8, 1986, 100 Stat. 766.)

    "Under its authority through the Commerce Clause to address matters that affect interstate commerce (i.e., travel across state lines), Congress adopted a statute, Chapter 44 of the U.S. Code [http://gunla.ws/title18] covering “Firearms.” Statutes therein make unenforceable any state law to the contrary. In other words, Chapter 44 expressly affords You the right to interstate transportation of firearms from one lawful place to another lawful place."

    Transporting a Firearm Into / Through the State of New Jersey | New Jersey State Police Firearms Information

    Maryland

    FAQs

    "A Maryland resident who lawfully owned the firearm prior to October 1, 2013 may travel with the firearm to other states and return so long as it is not a violation in the state you are traveling to and the firearm is being transported in accordance with the law. A person may not transport an assault weapon into Maryland for target competition unless the person lawfully possesses, has a purchase order for, or applied to purchase the weapon before October 1, 2013. Federal law allows a person to transport a firearm through Maryland but not to Maryland if the firearm is not in compliance with state law."

    "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.​"
    New life as a house husband, major shift in duties.

    Karl Marx said, "Destroy their culture, rewrite their history. Ruin their art and literature, and defame their heroes, by offering fabrications to scandalize that which they considered good.
    After reading this Obama said I am on it.

  7. #6
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    My 2 cents. If your that worried about it field strip the gun and put the two pieces in separate locked containers. That way your transporting a barrel and a separate receiver not a firearm. Now I'm not a lawyer so take it for what it's worth, just an idea.
    0rocky likes this.

  8. #7
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    Quote Originally Posted by Chipper View Post
    My 2 cents. If your that worried about it field strip the gun and put the two pieces in separate locked containers. That way your transporting a barrel and a separate receiver not a firearm. Now I'm not a lawyer so take it for what it's worth, just an idea.
    Regardless of it being stripped or not. The serial numbered receiver is still a firearm. In any state . Parts on their own may be consider a crime in some states Follow the code separate ammo and weapon store it locked no access drivers compartment NOT in Glove Box.
    Good to go.
    The Resister likes this.
    New life as a house husband, major shift in duties.

    Karl Marx said, "Destroy their culture, rewrite their history. Ruin their art and literature, and defame their heroes, by offering fabrications to scandalize that which they considered good.
    After reading this Obama said I am on it.

  9. #8
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    Wow! It's sad "free" country we live in...So much for trying to be a law abiding citizen...

    Peace,
    Michael J.

  10. #9
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    Keep repeating the following when questioned: "I hereby invoke and refuse to waive my rights as afforded me by the 5th Amendment of the Constitution of the United States of America."

    Sadly, there is now case law that simply refusing to answer invalidates your 5A right to not answer questions, thus creating PC. Specifically, not verbalizing your 'taking the 5th'.

    Stating "I don't answer questions" or "I don't have to answer" has been twisted by the court to create PC for the officer.

    And, of course, at this point the officer will pull every trick to hem you up.... including lying to you.

    Just meander over to YouTube and search for First Amendment Audit to see how desperate cops get to arrest someone...... with a camera.
    My ability to recall lyrics from a song written in the 70's far exceeds my ability to recall why I walked into the kitchen.
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  11. #10
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    Here in PA the cops can access info about your CCW from their computer in the cruiser. A co-worker was questioned about his CCW and guns in his truck during a routine traffic stop in Blair county.

 

 
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