Transferring/Selling Magazines

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  • slsc98

    Ultimate Member
    May 24, 2012
    6,746
    Escaped MD-stan to WNC Smokies
    It says what it means. You have to be out of state to sell or transfer std mags. Just the realities we deal with in in the Communist State of MD

    “But, but….” the warm fuzzy feelings I get inside just knowing how much attention criminals heed these ridiculous farces of crime control more than make up for all the, well, rampant crime …. and unnecessarily high taxes …. and long gone quality of life :sad20:
     

    Allen65

    Ultimate Member
    MDS Supporter
    Jun 29, 2013
    7,063
    Anne Arundel County
    That had to do with FFL's that were shipping mags out of state I believe.
    MSP can't enforce something where they have no jurisdiction, they can eat a bag of d*cks.

    It's actually not just a MD law issue, it's Federal. Unless I'm misreading it, under Federal law (GCA 68 plus amendments) for a non-licensee to take possession of a rifle or shotgun in a state that they are not a resident of, the transaction needs compliant with both the laws of the state where the transfer is occurring, and the laws of the receiver's state of residence. That's where MD law kicks in, it's the fact that the Feds have, in effect, extended MD's writ under Federal authority. But if the mag transfer isn't linked to the firearm transfer, only local (well, and Federal of course) law applies where the transfer is taking place.
     

    lazarus

    Ultimate Member
    Jun 23, 2015
    13,678
    That had to do with FFL's that were shipping mags out of state I believe.
    MSP can't enforce something where they have no jurisdiction, they can eat a bag of d*cks.

    Here is the problem with individuals though.

    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.

    That is the exact language of the law. Please note "OFFER FOR SALE".

    If the magazines are included with the sale of the firearm, even if you are going out of state to transfer them, I'd bet dollars to donuts that a DA would absolutely consider that a violation of the law. As I am sure MSP would. And likely a judge. And probably a decent chance a DA could convince a jury of your peers that it also violates the law.

    Modify the magazines to be 10 rounds of capacity and transfer them here. Maryland makes no mention or distinction if the magazines are permanently modified or not. Drop a dowel in there and make sure it can't take more than 10 rounds.
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,087
    It's actually not just a MD law issue, it's Federal. Unless I'm misreading it, under Federal law (GCA 68 plus amendments) for a non-licensee to take possession of a rifle or shotgun in a state that they are not a resident of, the transaction needs compliant with both the laws of the state where the transfer is occurring, and the laws of the receiver's state of residence. That's where MD law kicks in, it's the fact that the Feds have, in effect, extended MD's writ under Federal authority. But if the mag transfer isn't linked to the firearm transfer, only local (well, and Federal of course) law applies where the transfer is taking place.

    Magazines are NOT firearms, they are parts, and as such are not controlled by 14 USC 922G
     

    trickg

    Guns 'n Drums
    MDS Supporter
    Jul 22, 2008
    14,595
    Glen Burnie
    The first rule of Magazine Club is that you do not talk about Magazine Club. The second rule of Magazine Club is you DO NOT TALK about Magazine Club.
     
    Last edited:

    jrumann59

    DILLIGAF
    MDS Supporter
    Feb 17, 2011
    14,024
    The first rule of magazine transactions is not to talk about magazine transactions. If the state wants to prosecute leave them as few bread crumbs as possible....:innocent0 IANAL
     

    rbird7282

    Ultimate Member
    MDS Supporter
    Dec 6, 2012
    18,531
    Columbia
    Here is the problem with individuals though.

    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.

    That is the exact language of the law. Please note "OFFER FOR SALE".

    If the magazines are included with the sale of the firearm, even if you are going out of state to transfer them, I'd bet dollars to donuts that a DA would absolutely consider that a violation of the law. As I am sure MSP would. And likely a judge. And probably a decent chance a DA could convince a jury of your peers that it also violates the law.

    Modify the magazines to be 10 rounds of capacity and transfer them here. Maryland makes no mention or distinction if the magazines are permanently modified or not. Drop a dowel in there and make sure it can't take more than 10 rounds.


    I’m well aware of what the law is. If I sell a gun to someone without magazines and then at a later date meet them out of state and give them some standard capacity magazines I’m not breaking any laws, period. Not worried about it.
    I’ll let someone else live with BGOS, not me.


    Sent from my iPhone using Tapatalk
     

    trickg

    Guns 'n Drums
    MDS Supporter
    Jul 22, 2008
    14,595
    Glen Burnie
    This thread is dumb and we should stop talking about it and posting it on a public forum. I've amended my earlier post.
     

    lazarus

    Ultimate Member
    Jun 23, 2015
    13,678
    I’m well aware of what the law is. If I sell a gun to someone without magazines and then at a later date meet them out of state and give them some standard capacity magazines I’m not breaking any laws, period. Not worried about it.
    I’ll let someone else live with BGOS, not me.


    Sent from my iPhone using Tapatalk

    No disagreement here.

    You just have to make sure you are not advertising that the magazines are for sale with the firearm, even saying you’ll transfer them to the person out of state later. If you guys want to mention connecting again at another date and giving them magazines out of state that doesn’t sound like offering them for sale to me. It’s a gift. And it is being done out of state.

    Just warning you’d want to be careful. But I am no lawyer so my legal advise is worth what you’ve paid for it.
     

    rbird7282

    Ultimate Member
    MDS Supporter
    Dec 6, 2012
    18,531
    Columbia
    No disagreement here.

    You just have to make sure you are not advertising that the magazines are for sale with the firearm, even saying you’ll transfer them to the person out of state later. If you guys want to mention connecting again at another date and giving them magazines out of state that doesn’t sound like offering them for sale to me. It’s a gift. And it is being done out of state.

    Just warning you’d want to be careful. But I am no lawyer so my legal advise is worth what you’ve paid for it.

    :thumbsup::thumbsup:
     

    gungate

    NRA Patron Member
    Apr 5, 2012
    16,729
    Damascus. MD
    This thread is dumb and we should stop talking about it and posting it on a public forum. I've amended my earlier post.

    It would have been dumb if I was looking for a way to sneak around MD magazine laws. I wasn't. The answers clearly point towards not to offer them in any way, shape, or form, which I will not. I am not looking to be the test case for $50 worth of magazines.
     

    trickg

    Guns 'n Drums
    MDS Supporter
    Jul 22, 2008
    14,595
    Glen Burnie
    It would have been dumb if I was looking for a way to sneak around MD magazine laws. I wasn't. The answers clearly point towards not to offer them in any way, shape, or form, which I will not. I am not looking to be the test case for $50 worth of magazines.
    The way I see it, it's not "sneaking around MD magazine laws." It's simply knowing what the law is, and going about your business in a legal way that allows a person to legally obtain the magazines that came with the firearm and are intended for the firearm, regardless of their capacity.

    This is one of those laws that was never intended to be an actual deterrent. It was designed solely to be a pain-in-the-ass - another hoop us dastardly law-abiding gun owners must jump through in order to fully exercise our rights. Standard capacity magazines are not illegal - they are perfectly legal to have just so long as they are obtained in a way that doesn't break the law as it is defined. For some people that means crossing state lines to purchase or transfer them, and then bringing them back into the state. I feel like I can talk about that freely - we've been talking about this as a legal means of acquisition since 2013. However, that's not the only way to legally obtain standard capacity magazines.

    What makes this thread dumb is to describe those other ways clearly enough that a nefarious actor lurking here, who otherwise doesn't know much about guns, could take elsewhere to try to plot out ways to further expand upon our current infringements.

    And just like Forrest Gump, that's all I have to say about that.
     

    Nickberg500

    Ultimate Member
    Sep 20, 2019
    1,064
    North of Baltimore County
    It would have been dumb if I was looking for a way to sneak around MD magazine laws. I wasn't. The answers clearly point towards not to offer them in any way, shape, or form, which I will not. I am not looking to be the test case for $50 worth of magazines.
    Like others have said you're safe selling them out of state. I personally wouldn't worry about any of the concerns with offering for sale, but if you do, just have a separate receipt, or don't even mention/record selling them, just have them available when the transaction takes place.
     

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