Issues buying High Capacity MAGS

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  • DutchV

    Ultimate Member
    Jul 8, 2012
    4,702
    The York show is at the end of the month. Should be lots to choose from there.
     

    csxt602

    Active Member
    Oct 29, 2020
    132
    Essex, MD
    I always get a few at the VA and PA shows, or hit up the NoVA shops while at work (Dominion Defense and Bullseye Guns being favorites).
     

    Mr.Culper

    Active Member
    Jan 16, 2021
    858
    Perhaps you could post a link to this MSP directive,, so folks would have a clear understanding of what IS and is not legal

    According to a relatively recent MSP directive that would be illegal. Even gun stores were informed of this directive which is why gun stores no longer will ship mags to an out of state address. Technically if they wanted to and saw that the purchase originated with an IP address in Maryland they could nail you on it. I wouldn't risk doing it like that.
     

    INMY01TA

    Ultimate Member
    Dec 29, 2008
    5,815
    I’ve bought mags from Midway many times and sent to a friend in Va, no problem.
     

    calicojack

    American Sporting Rifle
    MDS Supporter
    May 29, 2018
    5,348
    Cuba on the Chesapeake
    According to a relatively recent MSP directive that would be illegal. Even gun stores were informed of this directive which is why gun stores no longer will ship mags to an out of state address. Technically if they wanted to and saw that the purchase originated with an IP address in Maryland they could nail you on it. I wouldn't risk doing it like that.

    So if I hypothetically buy my son who lives in Florida a 20 or 30 round AR mag as a gift and have it shipped to his house, that would considered illegal?
     

    foodpoison

    Ultimate Member
    MDS Supporter
    Jan 19, 2013
    2,164
    the Dena
    You see where they get you is that they clearly State that the sale must take place outside of the State of Maryland. If you are purchasing these online from the comfort of your own home they will claim via your IP address that the "Sale" indeed took place within Maryland. For the same reason you are required to now pay State Internet Sales Tax whereas before you weren't required to do so. See how this works? So if they wanted to which they will soon. They can and will nail you on it!

    https://mdsp.maryland.gov/Document%20Downloads/Licensing%20Div-%20%20Advisory%20LD-FRS-13-005.pdf

    Has anyone ever been charged with ordering mags online in MD and having them shipped to an out of state address?
     

    noddaz

    bonehead
    Jan 9, 2014
    529
    Arnold
    and then

    Just had an order from KM Tactical for HC magazines denied because of Maryland law and not shipping to anything but billing address. Tried to explain that yes we cannot buy and receive HC mags in Maryland but it is legal to ship to out of state address. Also legal to possess HC mags in this state. After sitting back and re-reading the explanation, it is easy to see why they are confused. To a non-resident it's hard for them to believe a law was written that poorly. Such is living in the SOCIALIST STATE of MARYLAND.

    You're outrage here will not do any good. Call or write your local state representative instead. Anybody here have addresses to do that?
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    So if I hypothetically buy my son who lives in Florida a 20 or 30 round AR mag as a gift and have it shipped to his house, that would considered illegal?

    Has anyone ever been charged with ordering mags online in MD and having them shipped to an out of state address?

    If you were to make the purchase online from within MD, yes it seems it would be.

    But no, so far no one has been charged with doing so. But lack of enforcement does not make it legal. And do you really want to try to be the test case?

    Especially after posting on a public forum about possibly breaking the law?
     

    Magnumite

    Ultimate Member
    Dec 17, 2007
    6,561
    Harford County, Maryland
    The whole point of the law is not taking possession of high cap mags in Maryland. While the MSP may have ruled online payment is purchasing, possession still did not take place within the borders of the PRoM. I will err on the side of caution and just purchase and take possession of such items outside the MD borders.

    Itis appreciated the ruling was posted in the thread.
     

    lazarus

    Ultimate Member
    Jun 23, 2015
    13,673
    If you're worried about them tracing which cell tower your phone pinged off of when you ordered something online, you could drive over the border before doing the "checkout."

    That’s what I do. Then have them shipped to an out of state address and then pick them up.
     

    lazarus

    Ultimate Member
    Jun 23, 2015
    13,673
    So if I hypothetically buy my son who lives in Florida a 20 or 30 round AR mag as a gift and have it shipped to his house, that would considered illegal?

    Yes, in theory it would be illegal. If it has a nexus in Maryland, and you standing here purchasing it is a nexus in Maryland. Then legally that would be part of buying, selling, manufacturing, transferring or offering to sell that is illegal under Maryland law.

    Think of it like this, if you were standing 2 feet from the PA border (in Maryland) and handed a guy in PA $20 for a couple of pmags that they are then going to hand to your friend standing in PA also, where does the sale occur? Legally in PA AND Maryland.

    Is MSP going to be tracking down scofflaws who are ordering mags while in Maryland and taking possession in another state? I highly suspect they have a better use of their resources. Never the less, a DA could probably make a case stick in front of vaguely reasonable jurors that you did in fact break the law. If you are doing a bunch of other “no good” stuff like making and selling P80s to prohibited people, no questions asked…they might looked closely enough at your ISP logs, emails, etc. and throw an add on charge there.

    I am sure plenty of guys carry concealed illegally or keep a handgun in their car and are never going to get caught. Because they generally otherwise keep their nose clean and police don’t have the time to go about getting wire taps, stop and frisks, alerting drug dogs on your car, etc.

    Or at least they are limited in how much they can do that.
     

    Docster

    Ultimate Member
    Jul 19, 2010
    9,768
    F this state. I’m not losing sleep over BS interpretations.

    ^^THIS
    Despite all those who won't do something "just in case" I say go out of state and get your mags or find a dealer who'll ship them to an address outside Maryland. I'll say it again when the next "xxx-capacity magazines" thread appears
     

    BartExp

    Ultimate Member
    Think of it like this, if you were standing 2 feet from the PA border (in Maryland) and handed a guy in PA $20 for a couple of pmags that they are then going to hand to your friend standing in PA also, where does the sale occur? Legally in PA AND Maryland.

    If you were to follow sales tax law, I don’t think this would not be a Maryland Sale.


    Sent from my iPad using Tapatalk
     

    erwos

    The Hebrew Hammer
    MDS Supporter
    Mar 25, 2009
    13,866
    Rockville, MD
    I'm skeptical Maryland would prosecute and/or prevail in a case where you bought the mags via an interstate transaction and had them delivered out of state. Commerce clause can be a bitch, and proving location at the time of the transaction on top of that can be tricky in some cases.

    The MSP directive everyone's referencing is a different situation than just buying from JBO, GMW, whatever; in the directive's scenario, the MD FFL is shipping the magazine that came with a purchased gun to a MD resident via an out of state residence. The MSP can reasonably claim that this is an in-state transaction since no funds are being exchanged out of state. This is the same reason the MD FFLs with online presences won't sell a standard-cap to a MD resident shipped out of state. The solution is to have friends in VA/PA/WV.
     

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