Magazine Question?

The #1 community for Gun Owners of the Northeast

Member Benefits:

  • No ad networks!
  • Discuss all aspects of firearm ownership
  • Discuss anti-gun legislation
  • Buy, sell, and trade in the classified section
  • Chat with Local gun shops, ranges, trainers & other businesses
  • Discover free outdoor shooting areas
  • View up to date on firearm-related events
  • Share photos & video with other members
  • ...and so much more!
  • jef955

    Active Member
    MDS Supporter
    Feb 26, 2011
    766
    Maryland
    I would not. MD law bans the purchase, not merely the receipt of such a mag, in Md. If you are in MD when you make the order, you are arguably purchasing in MD. Or so the State's Attorney would argue. And why would you go to all this trouble when you have to go out of state anyhow?
    Here's an interesting thought, would MD be basing the "purchase location" on the account billing info, or the assumed physical location of where the order (we'll assume online) is placed from - most likely from a mobile device (phone) ? As a full time public safety communications technician, I can absolutely prove beyond reasonable doubt that cellular/LTE data connection may NOT be where the person thinks it is. So much so that PSAP's need to verify specifically where a 911 call is to be routed too when it hits a specific site. Centers in this area have regularly gotten calls from as far away as New York City ! A little shaky to me. I wouldn't want to be the test case though..

    But if anyone will know it's certainly you !!
     

    esqappellate

    President, MSI
    Feb 12, 2012
    7,408
    Here's an interesting thought, would MD be basing the "purchase location" on the account billing info, or the assumed physical location of where the order (we'll assume online) is placed from - most likely from a mobile device (phone) ? As a full time public safety communications technician, I can absolutely prove beyond reasonable doubt that cellular/LTE data connection may NOT be where the person thinks it is. So much so that PSAP's need to verify specifically where a 911 call is to be routed too when it hits a specific site. Centers in this area have regularly gotten calls from as far away as New York City ! A little shaky to me. I wouldn't want to be the test case though..

    But if anyone will know it's certainly you !!
    matters for the trier of fact. If it gets that far, you are already screwed
     

    Threeband

    The M1 Does My Talking
    Dec 30, 2006
    25,411
    Carroll County
    Luckily, my IP address was showing Burkina Faso last time I bought mags…

    My VPN originally defaulted to Canada. I changed it to the U.S. after I started getting blocked from some perfectly innocuous sites.

    Just an indication of how far down the Totalitarian Pit the Great White North has fallen.


    (It would be ironic if Burkina Fasso tried to extradite you for firearms violations )
     

    Growler215

    Ultimate Member
    Dec 30, 2020
    2,573
    SOMD
    Anne Aru


    How would they know I was in MD lol. They would have to prove it. Lucky for them, I think most site don't ship to P.O. boxes. But overall, I would just go to out of state Bass Pro.
    My experience is that most sites (e.g. GunMagWarehouse, GrabAGun, Aim Surplus, Joe Bob, MidwayUSA, etc.) have no problem shipping mags to a PO Box. A few (e.g. Brownells) do have an issue with an MD Billing Address, though. I have bought some mags that only Brownells sold and had them shipped to PO Box in VA by using a VISA Gift Card.
     

    rbird7282

    Ultimate Member
    MDS Supporter
    Dec 6, 2012
    18,786
    Columbia
    My understanding from older threads is that calling in an order or using the web to purchase while doing so within Maryland counted as a violation.
    I would agree that MD would see it that way, my opinion would be that technically the sale occurs in the state where your card number is being run.
    If you were to call someplace out of state and gave them your cc number over the phone, they would take your number and run it on their machine at their store. I would argue that the sale is occurring in that state. JMHO, IANAL
    Of course I have friends in VA and PA so I just give them a list of what I want and have them order it. (or just go to VA or PA and buy them myself)
     

    INMY01TA

    Ultimate Member
    Dec 29, 2008
    5,832
    My parents just moved from Md to Delaware. Sucks they now have a 17rnd restriction I think but I’ve ordered a bunch of 10-17rnd mags and picked em up there. Midway and Gunmagwharehouse are good to go.
     

    jrumann59

    DILLIGAF
    MDS Supporter
    Feb 17, 2011
    14,024
    IANAL but What is the definition of a purchase, in other words if I am using a legal tender to "buy" something and the equipment used to process that "buy" is in another state the purchase "technically" happened in another state. again IANAL.

    If I am on the VA side of the Potomac and pinging off a nearby MD tower am I technically in violation????
     

    ras_oscar

    Ultimate Member
    Apr 23, 2014
    1,669
    When the regulation was first passed, and before it went into affect, a family member had ordered a standard capacity magazine and it was in transit. At that time many people were doing the same thing and the lead times were horrendous. I was concerned that the mag delivery *may* be delayed beyond October 1. I emailed the supplier and asked them a hypothetical. They replied that if the shipping address was Maryland OR the credit card billing address was Maryland, and the product remained in transit on or after October 1, they would:

    1. Cancel the order and issue instructions to the carrier to return the product.
    2. Issue a full refund to the credit card, including shipping.

    The product was delivered prior to the deadline so I never suffered the consequences.

    On a completely unrelated issue, you can purchase Visa gift cards in any denomination in most any state in the country. Target sells them as does Lowes.
     

    ras_oscar

    Ultimate Member
    Apr 23, 2014
    1,669
    I think you need to own them before they cross State lines into Md. And not buy them from within the State.
    The law says you cannot receive, purchase or transfer in the state. If you purchase online and have it shipped to MD you receive it in MD in violation of the law. Less clear is where the "purchase" transaction takes place with an online order in 2 states. People with better legal experience than I may choose to chime in.
     

    Mightydog

    Ultimate Member
    MDS Supporter
    The law says you cannot receive, purchase or transfer in the state. If you purchase online and have it shipped to MD you receive it in MD in violation of the law. Less clear is where the "purchase" transaction takes place with an online order in 2 states. People with better legal experience than I may choose to chime in.
    Interesting how suddenly all these “newbies” are asking for get around to Marylinistan gun laws. People gonna do what people gonna do.
     

    adit

    ReMember
    MDS Supporter
    Feb 20, 2013
    19,843
    DE
    It’s an interesting thing with your credit card. It’s called “Billing Address”. That shows where the purchaser was.
    No it doesn't. It shows where a bill goes, nothing else.

    The only thing I am aware of on the books close to this is "Sales Tax" collection for goods delivered "out of state". The tax is to be paid in the State in which the goods are delivered. That "delivered to" State has jurisdiction over the sale.

    IANAL
     

    Allen65

    Ultimate Member
    MDS Supporter
    Jun 29, 2013
    7,201
    Anne Arundel County
    No it doesn't. It shows where a bill goes, nothing else.

    The only thing I am aware of on the books close to this is "Sales Tax" collection for goods delivered "out of state". The tax is to be paid in the State in which the goods are delivered. That "delivered to" State has jurisdiction over the sale.

    IANAL
    Maryland calls that "Use Tax", not "Sales Tax", if you buy something interstate then bring or have to sent to your home in MD.

    See: https://www.marylandtaxes.gov/busin...her in person,use the merchandise in Maryland.
     

    adit

    ReMember
    MDS Supporter
    Feb 20, 2013
    19,843
    DE
    Maryland calls that "Use Tax", not "Sales Tax", if you buy something interstate then bring or have to sent to your home in MD.

    See: https://www.marylandtaxes.gov/business/sales-use/index.php#:~:text=Every time you purchase taxable tangible goods, whether in person,use the merchandise in Maryland.
    Pay attn Allen.

    Example:
    If you buy 10 sheets of drywall from the Cockeysville, MD Home Depot and have it delivered to an address in York,PA, you will pay PA Sales tax. MD gets nothing in the transaction.

    This has nothing to do with MD's Use Tax "half" of the Sales and Use Tax code.


    If a MD resident decides to report any goods imported (driven/flown/floated/carried/horseback.....) back into MD on a consumer use tax return, that is on them. It's no different at that point than driving to DE to buy an appliance and bringing it back into MD.
     

    Allen65

    Ultimate Member
    MDS Supporter
    Jun 29, 2013
    7,201
    Anne Arundel County
    Pay attn Allen.

    Example:
    If you buy 10 sheets of drywall from the Cockeysville, MD Home Depot and have it delivered to an address in York,PA, you will pay PA Sales tax. MD gets nothing in the transaction.

    This has nothing to do with MD's Use Tax "half" of the Sales and Use Tax code.


    If a MD resident decides to report any goods imported (driven/flown/floated/carried/horseback.....) back into MD on a consumer use tax return, that is on them. It's no different at that point than driving to DE to buy an appliance and bringing it back into MD.
    Pay attention to what? MD tax law as written in statite? Just because a law is widely ignored doesn't mean it's not on the books. MD doesn't care whether you paid sales tax to another state, MD still wants money.
     
    Last edited:

    Users who are viewing this thread

    Latest posts

    Forum statistics

    Threads
    275,906
    Messages
    7,300,412
    Members
    33,538
    Latest member
    tyreseveronica

    Latest threads

    Top Bottom