Standard Capacity Magazines

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  • t84a

    USCG Master
    MDS Supporter
    Jan 15, 2013
    7,733
    West Ocean City, MD
    Can someone post a link to the Maryland magazine law? Want to print out the evidence that it is legal to own and possess standard capacity magazines in Maryland. Thanks
     

    JohnnyE

    Ultimate Member
    MDS Supporter
    Jan 18, 2013
    9,462
    MoCo
    Can someone post a link to the Maryland magazine law? Want to print out the evidence that it is legal to own and possess standard capacity magazines in Maryland. Thanks

    Do you trust the government…….laughable


    Sorry sorry i had to

    https://casetext.com/statute/code-o...section-4-305-detachable-magazines-prohibited

    Ownership is not outlawed as defined

    Nice, quick work StantonCree.

    OP, the person to whom you show that statute may or may not believe that there is not another part of the code that bans +10 mags. You won't find affirmation, you only get to possess them because a possession ban is nowhere to be found.
     

    Crosseye Dominant

    Ultimate Member
    Sep 1, 2018
    1,012
    It is from the same Jamesonian statute that decrees "no moreth than two 10 gauge guns of shot shall be mounted on the county dredge."

    "Ifn thereth be a futureth clipazine invention, capacity shalleth not exceed numbereth of phalangeal digits."

    Many believe this was a self serving law put in place by John Calvert, AKA "12 finger jack."
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    The problem is, the law does not say that possession is legal. It just does not say that possession is illegal.
     

    TravisVerve

    Member
    May 3, 2021
    25
    The problem is, the law does not say that possession is legal. It just does not say that possession is illegal.

    yup:

    (b) Prohibited. -- A person may not manufacture, sell, offer for sale, purchase, receive, or transfer a detachable magazine that has a capacity of more than 10 rounds of ammunition for a firearm.


    It DOES NOT say possession, transport or use of a standard capacity magazine is prohibited and the other relevant actions are legal in our slightly more free neighboring states. You will not find a law that affirms the legality of pretty much anything. They dont really work that way.
     

    gtodave

    Member
    MDS Supporter
    Aug 14, 2007
    14,159
    Mt Airy
    The problem is, the law does not say that possession is legal. It just does not say that possession is illegal.
    That's not a problem. That's how rules work in this country. Can you imagine if there was a statute declaring EVERYTHING that was legal?

    You sound like Obama when he said "The problem with the Constitution is that it is a set of negatives, not a list of positives" (paraphrasing).

    EDIT: found the quote: "the Constitution is a charter of negative liberties. It says what the states can't do to you. Says what the federal government can't do to you but doesn't say what the federal government or state government must do on your behalf."

    We don't need to be told what we can do. We just can't do the things that are spelled out.
     

    t84a

    USCG Master
    MDS Supporter
    Jan 15, 2013
    7,733
    West Ocean City, MD
    That's not a problem. That's how rules work in this country. Can you imagine if there was a statute declaring EVERYTHING that was legal?

    You sound like Obama when he said "The problem with the Constitution is that it is a set of negatives, not a list of positives" (paraphrasing).

    EDIT: found the quote: "the Constitution is a charter of negative liberties. It says what the states can't do to you. Says what the federal government can't do to you but doesn't say what the federal government or state government must do on your behalf."

    We don't need to be told what we can do. We just can't do the things that are spelled out.

    Like
     

    lazarus

    Ultimate Member
    Jun 23, 2015
    13,678
    It is from the same Jamesonian statute that decrees "no moreth than two 10 gauge guns of shot shall be mounted on the county dredge."

    "Ifn thereth be a futureth clipazine invention, capacity shalleth not exceed numbereth of phalangeal digits."

    Many believe this was a self serving law put in place by John Calvert, AKA "12 finger jack."

    I’ve got 30 fingers. So we are good.
     

    K31

    "Part of that Ultra MAGA Crowd"
    MDS Supporter
    Jan 15, 2006
    35,632
    AA county
    You sound like Obama when he said "The problem with the Constitution is that it is a set of negatives, not a list of positives" (paraphrasing).

    EDIT: found the quote: "the Constitution is a charter of negative liberties. It says what the states can't do to you. Says what the federal government can't do to you but doesn't say what the federal government or state government must do on your behalf."

    "We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States "

    Yeah, our Kenyan President was a big Constitutional scholar.
     

    JohnnyE

    Ultimate Member
    MDS Supporter
    Jan 18, 2013
    9,462
    MoCo
    The problem is, the law does not say that possession is legal. It just does not say that possession is illegal.

    yup:

    (b) Prohibited. -- A person may not manufacture, sell, offer for sale, purchase, receive, or transfer a detachable magazine that has a capacity of more than 10 rounds of ammunition for a firearm.


    It DOES NOT say possession, transport or use of a standard capacity magazine is prohibited and the other relevant actions are legal in our slightly more free neighboring states. You will not find a law that affirms the legality of pretty much anything. They dont really work that way.

    That's not a problem. That's how rules work in this country. Can you imagine if there was a statute declaring EVERYTHING that was legal?

    You sound like Obama when he said "The problem with the Constitution is that it is a set of negatives, not a list of positives" (paraphrasing).

    EDIT: found the quote: "the Constitution is a charter of negative liberties. It says what the states can't do to you. Says what the federal government can't do to you but doesn't say what the federal government or state government must do on your behalf."

    We don't need to be told what we can do. We just can't do the things that are spelled out.

    Darn right it's not a problem, and the list of things we can't do is already too damn long.

    This discussion reminds me of a great Newton Minow quote:

    After 35 years, I have finished a comprehensive study of European comparative law. In Germany, under the law, everything is prohibited, except that which is permitted. In France, under the law, everything is permitted, except that which is prohibited. In the Soviet Union, under the law, everything is prohibited, including that which is permitted. And in Italy, under the law, everything is permitted, especially that which is prohibited.
     

    outrider58

    Eats Bacon Raw
    MDS Supporter
    Jul 29, 2014
    49,815
    Darn right it's not a problem, and the list of things we can't do is already too damn long.

    This discussion reminds me of a great Newton Minow quote:

    After 35 years, I have finished a comprehensive study of European comparative law. In Germany, under the law, everything is prohibited, except that which is permitted. In France, under the law, everything is permitted, except that which is prohibited. In the Soviet Union, under the law, everything is prohibited, including that which is permitted. And in Italy, under the law, everything is permitted, especially that which is prohibited.

    Copied for posterity. :)
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    yup:

    (b) Prohibited. -- A person may not manufacture, sell, offer for sale, purchase, receive, or transfer a detachable magazine that has a capacity of more than 10 rounds of ammunition for a firearm.


    It DOES NOT say possession, transport or use of a standard capacity magazine is prohibited and the other relevant actions are legal in our slightly more free neighboring states. You will not find a law that affirms the legality of pretty much anything. They dont really work that way.

    And that is a long winded way to say what I said.

    The person I was answering wanted wording in the law that said that possession was legal. Which is does not. It doesn't say it is illegal.
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    That's not a problem. That's how rules work in this country. Can you imagine if there was a statute declaring EVERYTHING that was legal?

    You sound like Obama when he said "The problem with the Constitution is that it is a set of negatives, not a list of positives" (paraphrasing).

    EDIT: found the quote: "the Constitution is a charter of negative liberties. It says what the states can't do to you. Says what the federal government can't do to you but doesn't say what the federal government or state government must do on your behalf."

    We don't need to be told what we can do. We just can't do the things that are spelled out.

    I WAS ANSWERING SOMEONE WHO WANTED THE PART OF THE LAW THAT SAID THAT POSSESSION WAS LEGAL.

    I was pointing out that the law (most laws) do not say something is legal.

    I was not commenting on the whether that was a good thing or bad. Actually, I much prefer if it is not prohibited, it is allowed system of laws.
     

    press1280

    Ultimate Member
    Jun 11, 2010
    7,878
    WV
    yup:

    (b) Prohibited. -- A person may not manufacture, sell, offer for sale, purchase, receive, or transfer a detachable magazine that has a capacity of more than 10 rounds of ammunition for a firearm.


    It DOES NOT say possession, transport or use of a standard capacity magazine is prohibited and the other relevant actions are legal in our slightly more free neighboring states. You will not find a law that affirms the legality of pretty much anything. They dont really work that way.

    This reads like a grandfathered law. IDK MD laws very well though.
    I assume there's a date that this went into law, so obviously any non-standard magazines manufactured after that date would be illegal. Not sure how they could enforce any made before that time unless they can literally catch you buying or selling one.
     

    ras_oscar

    Ultimate Member
    Apr 23, 2014
    1,666
    yup:

    (b) Prohibited. -- A person may not manufacture, sell, offer for sale, purchase, receive, or transfer a detachable magazine that has a capacity of more than 10 rounds of ammunition for a firearm.


    It DOES NOT say possession, transport or use of a standard capacity magazine is prohibited and the other relevant actions are legal in our slightly more free neighboring states. You will not find a law that affirms the legality of pretty much anything. They don't really work that way.

    The state is very reluctant to prohibit ownership of something that was legally acquired. That would be a taking and they would be required to provide " fair compensation" Hard to establish on property being taken unwillingly.
     

    Tungsten

    Ultimate Member
    Jan 1, 2012
    7,230
    Elkridge, Leftistan
    I think the key word in the law that baffles people in free America is the "receive" part. We all understand the law to mean receive within the confines of the state of MD. Where other people may think that means take ownership of it anywhere.
     

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