Small company tells gun grabbers what for!

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  • Mj45

    Active Member
    Feb 4, 2013
    120
    Not a lawyer, but this post on Facebook is openly admitting to violating the law. As stupid and unconstitutional as that law may be, I'm not sure it would be very difficult to get a subpoena for sales records in MD.

    Maybe I'm paranoid, but I feel like it would have been more useful to just quietly ship them to communist states without drawling a shitload of attention to yourself and your customers via Facebook.

    Could just be me though.

    Great publicity and a way to drive people to their site. All publicity is good publicity. They were able to get this site plus others on Facebook to talk about them.
     

    photoracer

    Competition Shooter
    Oct 22, 2010
    3,318
    West Virginia
    Find a buddy in a neighboring state in the case of MD, or get a PO box there. Some companies won't ship to that but some will. That is what I did when I lived in MD as I knew I was going to move to WV eventually.
     

    Doobie

    Ultimate Member
    Jan 23, 2013
    1,777
    Earth
    My first thought is it’s a set up. Some group or agency masquerading trying to see how many people they can get caught up. Don’t put anything past the antis.
     

    GuitarmanNick

    Ultimate Member
    Jan 9, 2017
    2,221
    Laurel
    Something looks fishy. They have had to suspend all sales so their distributors can catch up!? Makes no sense to anyone that has been in the business of selling anything. This thing called "back order" comes to mind.
     

    davsco

    Ultimate Member
    Oct 21, 2010
    8,607
    Loudoun, VA
    we went down and bought some furniture years ago down in carolina that they shipped to our house in va and somehow virginia state got their records and billed us for sales tax on that furniture. this was way back before the internet.
     

    webb297

    Ultimate Member
    Dec 29, 2010
    2,800
    Bowie
    While I wish them the best of luck, and I honestly hope they win the legal battles they have coming their way (it would do wonders for us here), they are offer for sale in MD mags greater than 10 rounds. That is illegal.

    If they don't think Frosh (and gun grabbing DAs and politicians) will not come for them, I think they might have another thing coming. These guys have made it their cause in life to, instead of working to actually prosecute criminals in their home jurisdictions and thus make their states better, to prosecute liberal cause du'jour and persecute those they believe are their political enemies. You know, people who might call them Dickbags on Facebook.
     

    Mj45

    Active Member
    Feb 4, 2013
    120
    Something looks fishy. They have had to suspend all sales so their distributors can catch up!? Makes no sense to anyone that has been in the business of selling anything. This thing called "back order" comes to mind.

    Their facebook page says something about distributors not being able to fulfill for a week or more and paypal processor has limited the funds they can take out in a month. https://www.facebook.com/thiccboogline/
     

    Ovid

    Active Member
    Nov 19, 2011
    257
    Reisterstown
    Great publicity and a way to drive people to their site. All publicity is good publicity. They were able to get this site plus others on Facebook to talk about them.

    Yeah that I get, it's great advertising in the sort term.

    I was saying that it would probably have been more helpful if they just allowed banned states to order and not have made a fuss about it to generate sales.
     

    Lalez

    Active Member
    BANNED!!!
    Feb 27, 2019
    206
    Russia
    While I wish them the best of luck, and I honestly hope they win the legal battles they have coming their way (it would do wonders for us here), they are offer for sale in MD mags greater than 10 rounds. That is illegal.

    If they don't think Frosh (and gun grabbing DAs and politicians) will not come for them, I think they might have another thing coming. These guys have made it their cause in life to, instead of working to actually prosecute criminals in their home jurisdictions and thus make their states better, to prosecute liberal cause du'jour and persecute those they believe are their political enemies. You know, people who might call them Dickbags on Facebook.

    That's the point man, stop being pussies. Frosh apparently has you scared to death, I can promise you us out of staters dont give one F about Frosh or Marylands communist laws, and you shouldn't either, F'em.

    TLDR: it's time to grow a pair and stop being scared of Darth Frosh......yea you can say that's easy for me to say, and it is...but it's still true
     

    Ovid

    Active Member
    Nov 19, 2011
    257
    Reisterstown
    That's the point man, stop being pussies. Frosh apparently has you scared to death, I can promise you us out of staters dont give one F about Frosh or Marylands communist laws, and you shouldn't either, F'em.

    TLDR: it's time to grow a pair and stop being scared of Darth Frosh......yea you can say that's easy for me to say, and it is...but it's still true

    This is extremely low risk for the business, and is a wonderful way to ensure they sell out in a matter of hours (see what happened). The risk falls on the person in MD making the purchase. This isn't brave, it's a sales tactic. The guy is also using ****ing PayPal as his payment processor. He's lucky they haven't frozen his account and all the money in it. He's clearly not the sharpest knife in the drawer, so hard pass.

    All it takes is a nosy postal carrier and you are ****ed three ways to Sunday, when all you had to do was drive across state lines and you would have been within the law.

    For the time being at least, the place to fight this shit is in the courts and legislature. I'm not going to become a prohibited purchaser in free America because I wanted buy a mag with Yoda on it while I lived in MD and was to lazy too do it legally.

    But you're absolutely right, it's easy to say that from Florida. Maybe I'm just too cynical from living in commie-land as long as I have, idk.
     

    Not_an_outlaw

    Ultimate Member
    Patriot Picket
    Jan 26, 2013
    4,679
    Prince Frederick, MD
    This is probably a jurisdiction question and a point of sale question. I am unable to find a clear legal definition of where the sale occurred. If the sale occurred outside of Maryland, the Maryland Long Arm Statute (when the state can get jurisdiction of a person not living in the state) cannot be used. If this is the case, you are just shipping your already owned property to Maryland. I am going to look into this more.

    Long arm statute. (Applies to civil cases)
    http://www.lrcvaw.org/laws/mdlongarm.pdf

    There are many things you can order online that are not legal for sale on Maryland. Paint, for example. I'm guessing its a commerce clause issue, but not really sure.

    CRIMINAL law uses something called the Strassheim test.

    Supreme Court stated:[a]cts done outside a jurisdiction, but intended to produce and producing detrimental effects
    within it, justify a state in punishing the cause of the harm as if he had been present at the
    effect, if the state should succeed in getting him within its power.

    Example given (Utah alcohol case): (from: http://euro.ecom.cmu.edu/program/law/08-732/Crime/StateCriminalJurisdictionBerg.pdf)
    In State v Amoroso, the state filed misdemeanor charges against Beer Across America (BAA) and its
    president arising out of sales of beer to minors. The trial court granted the defendant’s motion to dismiss
    the charges for lack of jurisdiction, but the court of appeals reversed. The appellate court held the civil
    "minimum contacts" analysis to be inapplicable, and applied Utah’s criminal jurisdiction statute and the
    Strassheim analysis.

    Although the defendant shipped the alcohol from Illinois, the court found that:
    BAA is subject to prosecution in Utah for conduct committed in Illinois because its conduct
    caused an unlawful result in Utah. In sum, the information alleges conduct that resulted in
    unlawful importation of alcohol into Utah; unlawful sale or supply of alcohol in Utah;
    unlawful warehousing, distribution, or transportation of alcohol to Utah; unlawful supplying
    of alcohol to persons within Utah; and unlawful distribution or transportation for sale or
    resale to retail customers in Utah without a license.

    So, magazines are legal to own, legal to bring into Maryland, and legal to possess. So, what law has been broken? You bought them, you own them. You paid a third party carrier to bring them to your door. Did a transfer really occur? You have "constructive" possession when purchases because you can control where they go. You could ship them anywhere you want.
     
    Last edited:

    Bob A

    όυ φροντισ
    MDS Supporter
    Patriot Picket
    Nov 11, 2009
    30,689
    While I wish them the best of luck, and I honestly hope they win the legal battles they have coming their way (it would do wonders for us here), they are offer for sale in MD mags greater than 10 rounds. That is illegal.

    It's illegal to sell, offer to sell, purchase and so forth IN MARYLAND.

    They can do as they please in Tennessee - so far.

    They can sell all the mags they want to MD residents; it's the folks in MD who are breaking the (Maryland) law.

    What they are doing is giving Frosh and Friends the finger, and daring him to do something about it. Frankly, I don't think he can do jack shit about it, and if he tries, it will come back and bite him.

    Meanwhile, they're doing well for themselves, selling mags to everyone who agrees with their principles - maybe even some c̶i̶t̶i̶z̶e̶n̶s̶ subjects of Maryland. The publicity will help our cause, if not our immediate condition.

    It's becoming very obvious that a LOT of people are REALLY ANNOYED with this crap. (And most of them are well-armed). After November, I suspect action will be taken to ameliorate the situation, at the highest levels.

    We'll have to wait and see.

    Meanwhile, don't forget to vote.
     

    Ovid

    Active Member
    Nov 19, 2011
    257
    Reisterstown
    If this is the case, you are just shipping your already owned property to Maryland.

    Doesn't matter. Inside of Maryland you cannot manufacture, sell, offer for sale, purchase, receive, or transfer. You can't take possession of them inside of the states borders. It doesn't matter where they were purchased, or that you already own them. They need to be in your possession when they cross the state line.

    I wish it were not so. Even rebuild kits need to be taken out of state before assembly to be legal. Not that it's enforceable...

    Meanwhile, don't forget to vote.

    This. This. This. 100x this. It may seem hopeless, but the more people that stay at home the more room we give them.
     

    WildWeasel

    Active Member
    Mar 31, 2019
    468
    MI>FL>MD
    While I wish them the best of luck, and I honestly hope they win the legal battles they have coming their way (it would do wonders for us here), they are offer for sale in MD mags greater than 10 rounds. That is illegal.

    Doesn't matter. Inside of Maryland you cannot manufacture, sell, offer for sale, purchase, receive, or transfer. You can't take possession of them inside of the states borders. It doesn't matter where they were purchased, or that you already own them. They need to be in your possession when they cross the state line.

    It's unconstitutional, hopefully pending future suits.... MD just doesn't know it yet. Even commiefornia slipped and let them in, albeit temporarily. Time to do it nationally.
     

    rbird7282

    Ultimate Member
    MDS Supporter
    Dec 6, 2012
    18,531
    Columbia
    While I wish them the best of luck, and I honestly hope they win the legal battles they have coming their way (it would do wonders for us here), they are offer for sale in MD mags greater than 10 rounds. That is illegal.

    If they don't think Frosh (and gun grabbing DAs and politicians) will not come for them, I think they might have another thing coming. These guys have made it their cause in life to, instead of working to actually prosecute criminals in their home jurisdictions and thus make their states better, to prosecute liberal cause du'jour and persecute those they believe are their political enemies. You know, people who might call them Dickbags on Facebook.



    No they are not offering for sale in MD as they are not located in this state. Shipping it here may be another matter, receiving it here certainly would be.



    Sent from my iPhone using Tapatalk
     

    Not_an_outlaw

    Ultimate Member
    Patriot Picket
    Jan 26, 2013
    4,679
    Prince Frederick, MD
    Doesn't matter. Inside of Maryland you cannot manufacture, sell, offer for sale, purchase, receive, or transfer. You can't take possession of them inside of the states borders. It doesn't matter where they were purchased, or that you already own them. They need to be in your possession when they cross the state line.

    I wish it were not so. Even rebuild kits need to be taken out of state before assembly to be legal. Not that it's enforceable...



    This. This. This. 100x this. It may seem hopeless, but the more people that stay at home the more room we give them.
    One of my points is you already have possession. Possession can be defined in many ways. Constructive possession and actual possession. The legal issue then becomes a what kind of possession is the law referencing. Possession is a complicated legal issue. If you are out of town and your magazines are in your cabinet, do you have possession? Conversely if your magazines are in the mail and you are at home do you have possession? I don't think this determination is as simple as some my think it appears.

    I might see if I can find some Caselaw on "receive."

    When you buy something online, I believe you own it once you complete the transaction. At that point, it is your property.
     

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