FOPA protection Maryland

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slidelock15
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FOPA protection Maryland

Post by slidelock15 »

Family responsibilities may dictate travel through Maryland. My understanding is Maryland cops use license plate readers to identify Ohio CCL carriers who will then find an excuse to not only pull over but manufacture an excuse to search your vehicle without consent. FOPA is supposed to protect you from that, but a van full of lawyers and a boat load of cash would be extremely useful at that point. Better to avoid the state entirely, but time constrains may preclude that. A Maryland lawyer who specializes in that is likely the best option, but how do I find one?
sunfish valley
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Re: FOPA protection Maryland

Post by sunfish valley »

One poss way is to rent a vehicle with other than ohio lic.
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slidelock15
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Re: FOPA protection Maryland

Post by slidelock15 »

That might work, not always possible though. I wonder if any of our members have had this problem?
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schmieg
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Re: FOPA protection Maryland

Post by schmieg »

slidelock15 wrote:That might work, not always possible though. I wonder if any of our members have had this problem?
I always route myself so that I avoid or spend very little time in Maryland, but there have been several news reports over stuff like this over the years.
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Re: FOPA protection Maryland

Post by docachna »

schmieg wrote:
slidelock15 wrote:That might work, not always possible though. I wonder if any of our members have had this problem?
I always route myself so that I avoid or spend very little time in Maryland, but there have been several news reports over stuff like this over the years.
THIS IS NOT INTENDED AS LEGAL ADVICE, I AM NOT YOUR ATTORNEY, AND YOU ARE NOT MY CLIENT. THESE ARE MERELY RECOMMENDATIONS.

If you are forced to take your weapon thru MD, lock it in the trunk, in a locked container, buried under other trunk contents, before you hit the state line. Do not answer ANY questions by law enforcement,either concerning any supposed traffic violation, or concerning any weapons in your vehicle. Produce your operator's license, your verification of insurance, and your vehicle registration, then politely inform the officer that you will be answering no further questions. Then STFU. Record video of the entire traffic stop. Do not agree to any search of your vehicle. If they proceed in searching your vehicle, voice clearly to the officers so that it is recorded on your video that you do not agree to a search of your vehicle, and that you are not granting them permission to search your vehicle.
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slidelock15
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Re: FOPA protection Maryland

Post by slidelock15 »

You and I are on the same page. What you advised is precisely what I plan to do. However, that may not be enough. I believe that as soon as you exercise your rights to refuse a search, the traffic officer will simply call a drug dog. My belief is that drug dogs are frequently trained to alert when directed to do so. At that point I will advise the officer of FOPA and ask them to check that with higher ups. Chances are, I will likely still be arrested. That's why I have been checking Maryland Gun rights orgs for a listing of lawyers. No luck so far.
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Re: FOPA protection Maryland

Post by docachna »

slidelock15 wrote:You and I are on the same page. What you advised is precisely what I plan to do. However, that may not be enough. I believe that as soon as you exercise your rights to refuse a search, the traffic officer will simply call a drug dog. My belief is that drug dogs are frequently trained to alert when directed to do so. At that point I will advise the officer of FOPA and ask them to check that with higher ups. Chances are, I will likely still be arrested. That's why I have been checking Maryland Gun rights orgs for a listing of lawyers. No luck so far.
Possibly a place to start. Good luck !

https://amgoa.org/Maryland-Firearm-Law-Attorneys
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Re: FOPA protection Maryland

Post by JustaShooter »

slidelock15 wrote:At that point I will advise the officer of FOPA and ask them to check that with higher ups. Chances are, I will likely still be arrested.
I suspect you are right - unfortunately, FOPA is an affirmative defense so states like NY, NJ, and MD will still arrest and charge you, and make you prove in court you were covered by FOPA.
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slidelock15
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Re: FOPA protection Maryland

Post by slidelock15 »

If charged, I would hope to find an attorney willing to file false arrest and malicious prosecution against all involved.
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Re: FOPA protection Maryland

Post by slidelock15 »

Thanks docachna!
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Re: FOPA protection Maryland

Post by WhyNot »

...from that, but a van full of lawyers and a boat load of cash would be extremely useful at that point. Better to avoid the state entirely, but time constrains may preclude that. A Maryland lawyer who specializes in that is likely the best option, but how do I find one?
If charged, I would hope to find an attorney willing to file false arrest and...
Sound like you are reasonably aware of the costs , and, there is another path without going into the occupied zone. The midpoint balance IMHO is, if you are caught violating...will that recognized lost travel time and lotsa cash be worth it not to...drive another route?

Oh BTW by lotsa, out of state, felony charge, I would guess to start the legalities would be north of $15K.

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JustaShooter
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Re: FOPA protection Maryland

Post by JustaShooter »

slidelock15 wrote:If charged, I would hope to find an attorney willing to file false arrest and malicious prosecution against all involved.
I suspect your lawyer would advise against that course of action since as I understand it, FOPA is considered an affirmative defense - that is, you have to admit you violated the law, but FOPA provides a defense you can raise at trial that says you were allowed to violate the law since you followed FOPA (And have to prove you followed FOPA). That means the police are not violating the law in arresting you and the prosecutor isn't violating the law for charging and bringing the case to trial. It stinks, but that's how it's been explained to me that it works.
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