Results 1 to 9 of 9

Disassembled "Gun parts" ?

This is a discussion on Disassembled "Gun parts" ? within the Maryland Discussion and Firearm News forums, part of the Firearms Discussion by State category; I have a VA Resident Carry permit and realize it is not valid in MD. I'm planning a trip thru ...

  1. #1
    Join Date
    May 2012
    Posts
    2

    Default Disassembled "Gun parts" ?

    I have a VA Resident Carry permit and realize it is not valid in MD. I'm planning a trip thru MD but will be stopping there overnight (hotel). From what I've read, it is a violation of MD law to transport a handgun unless subject to the a small list of exceptions.

    Are disassembled handgun parts (frame, slide, barrel, springs) considered to be a "Handgun" by MD law? Is it permissible to "transport" disassembled parts, locked in separate containers, while stopping overnight in MD?

    Can anyone point me to information on transporting "handgun parts / disassembled and or non-functional handgun" thru MD?

    Thanks!!

  2. #2
    Join Date
    May 2012
    Location
    Topeka, KS
    Posts
    11

    Default

    I would assume it depended on how the law is worded and the definitions of a "handgun." According to the ATF, receivers and frames qualify as "firearms" and are subject to all the transporting and sales restrictions of a fully-functional firearm.

    You'll have to see how MD defines a "firearm" or "handgun." If MD qualifies these frames and receivers as "firearms" or "handguns" then they would obviously fall under the same restrictions.

    Sorry for what might seem like a non-answer.

  3. #3
    Join Date
    Jan 2010
    Posts
    292

    Default

    I think the answer is clear: If you transport a frame, you are transporting a handgun. You know how it is, you can mail order any part except frame/receiver - because that is legally a "gun."

    You're talking about anti-gun enforcers in an anti-gun state. Do you think they'll hesitate to arrest and prosecute just because your "illegal handgun" happens to be missing all its parts except its frame?

    One I wonder about, though: If you had a pre-1898 gun, say an old Merwin & Hulbert .44-40 revolver, would that be illegal? My guess is, State law would decide. It may not be a "gun" under GCA68, but you still have to deal with the local laws.
    “The police of a State should never be stronger or better armed than the citizenry. An armed citizenry, willing to fight is the foundation of civil freedom.” Heinlein

  4. #4
    Join Date
    Feb 2012
    Posts
    9

    Default

    Maryland and Federal laws require specific conditions be met while
    transporting a handgun. Please refer to Maryland Annotated Code,
    Criminal Law, Title 4, Section 203 for a detailed account of wearing,
    carrying, or transporting a handgun. You may access the Maryland
    General Assembly website at Maryland General Assembly Home Page then search for
    Criminal Law, Title 4, Section 203, under the Statute Text link.
    You can access the Federal requirements through ATF Online - Bureau of Alcohol, Tobacco, Firearms and Explosives and
    conduct a search for “27 Code of Federal Regulations, Part 178” and then
    look for “Transportation of Firearms.”
    The basic requirement during transport is the handgun must be unloaded
    and in an enclosed case or enclosed holster with the ammunition separate
    AND you must be transporting the handgun to or from the locations listed
    in statute.

  5. #5
    Join Date
    Oct 2007
    Location
    Lebanon, VA
    Posts
    142

    Default

    Under 18 U.S.C. § 926A you may legally transport a handgun through Maryland as long as it is unloaded and either in the trunk of a car or in a locked container. The handgun does not need to be disassembled. FWIW, Congressman Morgan Griffith, R-VA-9, has introduced legislation, H.R. 4269, to strengthen the protection of our right to transport firearms through hostile states en route to a friendly state.
    James M. "Jim" Mullins, Jr., Esq.
    Attorney, The Law Offices of James M. Mullins, Jr., PLLC
    Founder and Past President, West Virginia Citizens Defense League, Inc.

  6. #6
    Join Date
    Jun 2010
    Location
    Las Vegas
    Posts
    222

    Default

    Quote Originally Posted by JimMullinsWVCDL View Post
    Under 18 U.S.C. § 926A you may legally transport a handgun through Maryland as long as it is unloaded and either in the trunk of a car or in a locked container. The handgun does not need to be disassembled. FWIW, Congressman Morgan Griffith, R-VA-9, has introduced legislation, H.R. 4269, to strengthen the protection of our right to transport firearms through hostile states en route to a friendly state.
    Yes but current interpretation of that law only allows that protection if you don't stop in the state. Since the original poster is planning on spending the night in MD that law does not apply.

  7. #7
    Join Date
    May 2012
    Posts
    2

    Default

    Thanks to all for the input.
    Unfortunately, I believe that Frame=Handgun is probably the answer in MD.
    I may have to rethink my plans.
    Thanks again.

  8. #8
    Join Date
    Jan 2012
    Location
    Coweta Oklahoma
    Posts
    47

    Default

    Seems to me this is excess concern over an issue. If the OP is otherwise obeying the law, who would know? Without probable cause, his car and hotel room are not going to be searched. Without a search, no law enforcement agency will know a handgun is being transported. Without that knowledge, charges can't be filed. Ergo, the OP passes cleanly through MD without issue.

    Sent from my HTC PH39100 using Tapatalk 2

  9. #9
    Join Date
    Sep 2011
    Posts
    12

    Default

    As a MD resident I can tell you it IS LEGAL to transport it through the state as long as it is locked in a case out of the reach of the driver(I.e. in the trunk) even over night.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •