Transferring/Selling Magazines

gungate · Jan 7, 2022

If I sell a MD legal handgun and only have over 10 round magazines for it, can I sell these at all to a MD resident if the actual transfer takes place out of state? Or is that a no-no? I am not trying to skirt the law or do anything illegal. If even offering the mags to a MD resident is illegal I will get 10 round mags to include with the handgun.

Bertfish · Jan 7, 2022

Transferring the mags separately out of state is perfectly legal

Or take them apart and sell them here as a parts kit. Legal onus is on the buyer to reassemble them out of state. Also perfectly legal.

Blacksmith101 · Jan 9, 2022

(b) 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.

Findllaw
https://codes.findlaw.com/md/criminal-law/md-code-crim-law-sect-4-305.html

You would need to go out of the state to offer standard capacity mags for sale and be out of state while completing the sale.

DavidA · Jan 9, 2022

Blacksmith101 said:
Findllaw
https://codes.findlaw.com/md/criminal-law/md-code-crim-law-sect-4-305.html

You would need to go out of the state to offer standard capacity mags for sale and be out of state while completing the sale.

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

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DavidA · Jan 9, 2022

Or what you could do, is do what the FFL’s do. Take the mags apart. Place a wooden peg at the bottom plate of the mag, that when assembled it only allows for 10 rounds. If the owner disassembles and then modifies the magazine, then he did it. For him to legally modify the magazine, he must take the magazine across state lines and disassemble remove the modification device and then drive back into MD.

Just like the fire arms building law, you can legally make your own fire arm for personal use. So I made sure that my son milled out his own AR15 lower and that I have pictures of him doing it. He manufactured his gun. He can not sell it, or transfer it, but it is legally his.

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outrider58 · Jan 9, 2022

DavidA said:
Or what you could do, is do what the FFL’s do. Take the mags apart. Place a wooden peg at the bottom plate of the mag, that when assembled it only allows for 10 rounds. If the owner disassembles and then modifies the magazine, then he did it. For him to legally modify the magazine, he must take the magazine across state lines and disassemble remove the modification device and then drive back into MD.

Just like the fire arms building law, you can legally make your own fire arm for personal use. So I made sure that my son milled out his own AR15 lower and that I have pictures of him doing it. He manufactured his gun. He can not sell it, or transfer it, but it is legally his.

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A little more on transferring home-made firearms. Mind you, laws can change so it's always wise to check with a professional before proceeding.

https://www.criminaldefenselawyer.c...ll-or-give-my-homemade-gun-another-person.htm

welder516 · Jan 9, 2022

I would do the most secure transfer maybe even one step further just to make sure. We are near many different states so out of state transfer would be fairly easy. IMHO

Melnic · Jan 9, 2022

If buyer is MD resident
MSP sent a letter about coupling a Md sale and out of state mag transfer
Best to make the mag 10 rounds then use MSP Barack’s for the pistol transfer and don’t even bring the mags and transfer the blocked 10 round mags on your own

Or am I missing something ?

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Slackdaddy · Jan 9, 2022

Can you link this letter.
In a previous "Mag thread" from a few months ago,, a "Letter of clarification" was mentioned, and mentioned,,, BUT never a link one to the mystery letter.

I fully understand the law and encourage everyone to follow the law and not play stupid games and to error on the side of caution.
But if someone has this "clarification letter" please do post it to give guidance to those who don't quite get the simple language in the original law.

Melnic said:
If buyer is MD resident
MSP sent a letter about coupling a Md sale and out of state mag transfer
Best to make the mag 10 rounds then use MSP Barack’s for the pistol transfer and don’t even bring the mags and transfer the blocked 10 round mags on your own

Or am I missing something ?

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rbird7282 · Jan 9, 2022

Melnic said:
If buyer is MD resident
MSP sent a letter about coupling a Md sale and out of state mag transfer
Best to make the mag 10 rounds then use MSP Barack’s for the pistol transfer and don’t even bring the mags and transfer the blocked 10 round mags on your own

Or am I missing something ?

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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.

gungate · Jan 9, 2022

Yikes ok I'll get a single 10 round magazine to sell with it if i decide to sell it. I doubt in this market that 4 mags will make that big a difference anyway. Thanks all!

dblas · Jan 9, 2022

DavidA said:
Or what you could do, is do what the FFL’s do. Take the mags apart. Place a wooden peg at the bottom plate of the mag, that when assembled it only allows for 10 rounds. If the owner disassembles and then modifies the magazine, then he did it. For him to legally modify the magazine, he must take the magazine across state lines and disassemble remove the modification device and then drive back into MD.

Just like the fire arms building law, you can legally make your own fire arm for personal use. So I made sure that my son milled out his own AR15 lower and that I have pictures of him doing it. He manufactured his gun. He can not sell it, or transfer it, but it is legally his.

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Under federal and state law, he most certainly can sell it it, if he ever tires of it. Also no ned for him to serialize it per federal law.

outrider58 · Jan 9, 2022

dblas said:
Under federal and state law, he most certainly can sell it it, if he ever tires of it. Also no ned for him to serialize it per federal law.

Thanks D. I wasn't sure if things had changed in that regard. It's hard to keep up...

DavidA · Jan 9, 2022

dblas said:
Under federal and state law, he most certainly can sell it it, if he ever tires of it. Also no ned for him to serialize it per federal law.

If he sells it how does the gun get registered? After all it is an unregistered fire arm.

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outrider58 · Jan 9, 2022

DavidA said:
If he sells it how does the gun get registered? After all it is an unregistered fire arm.

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Take a moment and read the link I posted...

rseymorejr · Jan 9, 2022

DavidA said:
If he sells it how does the gun get registered? After all it is an unregistered fire arm.

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Why would he need/want to register a rifle?

DavidA · Jan 9, 2022

outrider58 said:
Take a moment and read the link I posted...

Okay I did misquote, As long as the intent was not to sale soon after creation. If guns are transfer between two individuals that live in the same state submission of forms or background checks are required. However home made fire arms do require that they be serialized if the original maker sales them to another individual.

So if ten years from now he decided to sale it , it appears the only real requirement is that the fire arm be serialized.

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DavidA · Jan 9, 2022

rseymorejr said:
Why would he need/want to register a rifle?

No he does not want to transfer, just got to think about the other three home made ones I have.

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dblas · Jan 10, 2022

DavidA said:
If he sells it how does the gun get registered? After all it is an unregistered fire arm.

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In Maryland....if it's a handgun, the buyer does the 77R and under serial number they put NSN (No Serial Number).

If it's a rifle, take it to an FFL for the transfer (unless he lives in free America where no such requirement exists in most states for a secondary sale), and the FFL does a NICS check on the buyer. No serial number needed.

There are plenty of firearms that are transferred that have no serial number with out issue, especially those manufactured before 1968 when serial numbers were not required.

dblas · Jan 10, 2022

DavidA said:
Okay I did misquote, As long as the intent was not to sale soon after creation. If guns are transfer between two individuals that live in the same state submission of forms or background checks are required. However home made fire arms do require that they be serialized if the original maker sales them to another individual.

So if ten years from now he decided to sale it , it appears the only real requirement is that the fire arm be serialized.

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There is ABSOLUTELY no Maryland or federal requirement for a firearm, that is built for personal us, to be serialized to be sold. NONE.

Transferring/Selling Magazines

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