Magazine Capacity and Resell/Trade-In

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  • Lowerguk

    Member
    Sep 26, 2020
    93
    Carroll County
    If you legally have a handgun with magazines that hold more than ten rounds, does that affect your ability to even be able to re-sell it or trade it in to an FFL?
     

    Lowerguk

    Member
    Sep 26, 2020
    93
    Carroll County
    An FFL can take possession of the magazines too. Just can't resell them to an in state resident that's not LEO

    Am I understanding the law right that basically people in Maryland can buy higher capacity mags out of state/online, but just not from within Maryland? Seems a little odd
     

    knastera

    Just another shooter
    May 6, 2013
    1,484
    Baltimore County
    If you legally have a handgun with magazines that hold more than ten rounds, does that affect your ability to even be able to re-sell it or trade it in to an FFL?


    You can sell it to an FFL. The FFL can sell the mags to an LEO or install round limiters and sell them to civilians. You cannot sell it to another Marylander with >10 round magazines unless you sell the gun with no magazines and then in a separate transaction outside of Maryland, sell them the magazines.
     

    TheOriginalMexicanBob

    Ultimate Member
    Jul 2, 2017
    32,151
    Sun City West, AZ
    Am I understanding the law right that basically people in Maryland can buy higher capacity mags out of state/online, but just not from within Maryland? Seems a little odd

    Regarding the Maryland General Assembly that's an understatement.

    Online sellers cannot legally ship hi cap magazines into the state. Even if you want to have them sent to an out of state address like a friend the seller usually won't ship if the mailing address of the cardholder doesn't match the "ship to" address.

    Now...if you want to get hi cap mags sent to a friend out of state either have your friend buy them and you go pick them up or you mail the seller a money order in your friend's name...or at least I've been told that's how you do it.
     

    Captain Waggles

    Active Member
    Jul 11, 2018
    114
    Dundalk, MD
    Am I understanding the law right that basically people in Maryland can buy higher capacity mags out of state/online, but just not from within Maryland? Seems a little odd

    I know, quite smart of Maryland isn't it. As stated, out of state sellers can't ship to MD residents but MD residents can go out of state and buy whatever capacity they want and bring it back. 100% legal. That's why PA guns shows are nice for us
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    It depends on the shipper. Some will ship to a different address. Some will not. And some will not sell to someone with an MD billing address (Cabela's online to ship to store).

    Some people have ordered to ship and hold at a specific UPS store, just across the line.

    Sitting in MD and placing the order may or may not be legal. So use a VPN. :D
     

    erwos

    The Hebrew Hammer
    MDS Supporter
    Mar 25, 2009
    13,866
    Rockville, MD
    A lot of them will confirm via phone call first before shipping to a different address than the billing address.
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    A lot of them will confirm via phone call first before shipping to a different address than the billing address.

    I have never had that happen. Not saying it doesn't, just I have not run into that.

    They DO need your full billing address.
     

    Greg9781

    Member
    Sep 25, 2020
    60
    Is it legal to drive to PA and buy higher capacity magazines and bring them back? I see a lot about shipping to a friend's house, but wondering if it is easier to just drive an hour across the border.
     

    Ammo Jon

    Ultimate Member
    Mar 3, 2008
    20,773
    Is it legal to drive to PA and buy higher capacity magazines and bring them back? I see a lot about shipping to a friend's house, but wondering if it is easier to just drive an hour across the border.

    All day long.
     

    knastera

    Just another shooter
    May 6, 2013
    1,484
    Baltimore County
    Is it legal to drive to PA and buy higher capacity magazines and bring them back? I see a lot about shipping to a friend's house, but wondering if it is easier to just drive an hour across the border.


    If you come up I-83 into PA, Freedom Armory is off of exit 8. That is my home range. I'd call in advance to see what they have in stock.
     

    jstolz

    Active Member
    Aug 28, 2018
    338
    Glen Burnie
    It is legal for people to get them from another state. The law is transferring within the state. This is also a reason the California law being unconstitutional will most likely not impact Maryland at all.

    The law makes little sense to me. My theory is that the General Assembly wants to make it hard for people who rely on public transit to get "high capacity" magazines. If you do not have a car its difficult to travel over state lines in order for a legal transfer. But that's just my theory.
     

    Cold Steel

    Active Member
    Sep 26, 2006
    801
    Bethesda, MD
    The thing is, bad guys have no problem getting hi-cap magazines and actually (based on what I'm reading here) anyone can get them if they have a friend in Virginia or Pennsylvania. I despise Maryland, but at least they're not coming for my 5-shot S&W 60.

    Not yet. I wish the courts would overturn the magazine restriction laws.
     

    Threeband

    The M1 Does My Talking
    MDS Supporter
    Dec 30, 2006
    25,231
    Carroll County
    It is legal for people to get them from another state. The law is transferring within the state. This is also a reason the California law being unconstitutional will most likely not impact Maryland at all.

    The law makes little sense to me. My theory is that the General Assembly wants to make it hard for people who rely on public transit to get "high capacity" magazines. If you do not have a car its difficult to travel over state lines in order for a legal transfer. But that's just my theory.

    Most laws are passed in order to be perceived to be doing something. Legislators care less about the actual results of a law, and care more about how they can tell the voters that they have Done Something.

    The reason it's legal to go out of state to bring back magazines for personal use is because the phrasing of the law does not include the words "import" or "possess." I don't know but I would guess those words were deliberately left out as part of a compromise or deal with other legislators. Before passage, there is typically bargaining and wrangling over exact details of legislation.

    Meanwhile, the law does put a real damper on acquisition of standard cap mags, as you noted. It is a burden and an infringement. Only the more motivated and aware people are going to make the pilgrimage at all, and they may have trouble finding the less common models in stock. That's why many order online to an out of state drop if they can.

    Also many, if not most people don't realize that it is legal. Even if they hear about it, they tend to be skeptical, like the OP.

    I was once talking to Delegate Susan Krebs (R) and I realized she didn't realize that possession is legal. I didn't bother to set her straight.
     

    Docster

    Ultimate Member
    Jul 19, 2010
    9,768
    Regarding the Maryland General Assembly that's an understatement.

    Online sellers cannot legally ship hi cap magazines into the state. Even if you want to have them sent to an out of state address like a friend the seller usually won't ship if the mailing address of the cardholder doesn't match the "ship to" address.

    Now...if you want to get hi cap mags sent to a friend out of state either have your friend buy them and you go pick them up or you mail the seller a money order in your friend's name...or at least I've been told that's how you do it.

    I've had no problems, just gotta look.
     

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