bluedog46 wrote:Nice necroposting Like always, I Am Not A Lawyer.astro_wanabe wrote:I don't think I ever really did find an answer, so I'm just curious if anybody has come across case law or anything defining what "loaded" means in DE? Are loaded mags, seperate from rifle, ok or do the mags have to be empty too? Just wondering.
My understanding ( i could be wrong) without a ccdw you can have a loaded mag in a seperate place from the gun inself. I have heard in maryland both ways from differengt sources. One said a loaded mag is a no no. The other said that a loaded mag must in another part of the car. put the gun in the trunk and mag in the glove box.
I would like clarification myself.
For transport within DE handguns & handgun mags can be loaded or unloaded under state law, doesn't matter, only the handgun is regulated (not the handgun mag, note the ammo restriction in Wilmington though). When transporting handguns if you have a CCDW they can be within easy access "on or about" your person or stored away from you, concealed or open, doesn't matter. W/o a CCDW the handgun must either be open carried or stored someplace not "on or about" your person (like a trunk or somewhere you couldn't access). So with or without CCDW doesn't matter, I haven't found any codes specifically restricting the handguns & handgun mags being loaded. (Note Dover's prohibition on unlicensed carry, so no unlicensed OC there, must be stored away from you).
Long guns can never even touch a vehicle while loaded, and none of the mags capable of fitting in the long guns you're transporting can be loaded. This brings up an interesting point - what if your handgun & long gun both use the same mag (such as a pistol-caliber carbine)? Doesn't matter if the magazine is intended for use solely in the handgun, if it can fit in the long gun it can not be loaded. So if your long gun uses the same mags as your carry handgun it's just too bad, mag must be unloaded.
As for MD I don't know, but there's this document from the MD Attorney General's Office: http://www.handgunlaw.us/documents/agop ... ehicle.pdf Unfortunately that isn't an official AG Opinion, and even AG Opinions are mere opinions rather than law or precedent. Also the firearm itself would still need to be transported in accordance with the other regulations, which seems near impossible. Until Maryland drastically overhauls their code with regard to firearms I think it's safe to always err on the side of caution & assume something is illegal unless it absolutely, clearly, unequivocally isn't.
For interstate transport (just passing through a state) you can use the provisions of the Fed transport law, but you must also comply with the requirements. Unloaded gun & mag in locked case, ammo locked in seperate case, not accessible, must be legal in departure & destination states, restrictions on what constitutes normal passing through versus making the state a destination.
If you need code quotes let me know.