Some months ago it was reported here that -- despite all the hullabaloo arising from Congress’ recent mandate that AMTRAK allow passengers to transport unloaded guns in checked luggage -- it’s generally not a crime under federal and most states’ laws to carry loaded handguns on AMTRAK trains. Now comes another controversy that highlights an interesting DC area gun rights wrinkle -- the Washington Area Transit Authority (WMATA -- pronounced WAMATA) scheme to conduct suspicion-less searches of DC Metro train and bus passengers.
In an apparent attempt to thwart Fourth Amendment scrutiny, WMATA policy will be to simply deny boarding to anyone refusing random search. “Critics say a terrorist can leave one station upon seeing [or refusing] a security check and enter the system through another, unsecure entrance.”
As part of WMATA’s publicity campaign to roll out these new suspicion-less searches of Americans, WMATA published a FAQ list includes the following cryptic gem:
In doing so WMATA has publicly acknowledged that gun carry on the DC Metro system is not banned, but merely governed by the laws of each of the three member jurisdictions: Virginia, Maryland, and the District of Columbia.
So while in the District, gun carry in public is generally banned; in Virginia, passengers may openly carry handguns on Metro trains and buses, and can carry concealed handguns if they hold a state issued permit to conceal honored by Virginia. And in Maryland anyone holding a Maryland permit to carry handguns may carry handguns concealed or openly on Metro trains and buses.
Whether or not you consider WMATA’s new suspicion-less search policy a violation of Fourth Amendment rights, a prudent step, or just more security theater, it’s good to know that WMATA acknowledges that gun carry on Metro will still be allowed if legal under local law.
Comments
"What if you find a gun?
The District of Columbia, Maryland and Virginia have different gun laws. Metro Transit Police will take the appropriate action based on the laws of the jurisdiction."
Except when I called them on the phone they had NO IDEA what the laws of VA were. I send a post card to the Chief. See: http://edsfiles.us/postcards/metro.jpg
A MD permit is for concealed only. Doesn't allow you to open carry. Quick way to loose your permit.
That's not what the statute says Eric.
In Virginia, everybody* can open carry (*restrictions apply). You can carry concealed if you have a permit issued by VA or one honored by VA. I do what's called Virginia tuck, a combination of both, so if a get into a "sensitive" place (CHP holders know what I'm talking about), i just cover it. I'm looking to loose my CHP, it is stuck inside the plastic sleeve I used for it, and if I pull it, I'm sure the printing will remain on the sleeve. So I might consider open carrying in MD as Eric states.
As a Jewess in the US, I say the answer to "What if you find a GUN?! (Horrors!!) is easy: Finders keepers, losers weepers! That is why all REAL Americans place our 2nd Amendment FIRST!!
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