30rd mag question

[duallyjams]

I know you can not purchase a 30rd mag in Maryland but you can go out of state and buy them and bring it back so here is my question, if I am out west (on vacation ) and buy some 30rd mag can I ship them to myself here in Maryland.

 

[shadow116]

Article - Criminal Law

§ 4-305.

(a) This section does not apply to a .22 caliber rifle with a tubular magazine.

(b) A person may not manufacture, sell, offer for sale, purchase, receive, or transfer a detachable magazine that has a capacity of more than 20 rounds of ammunition for a firearm.

I guess it depends on your definition of receive. And of course the court's definition.

Calling Novus.............

 

[narcolepticsniper]

it says nothing about bringing it back with you from the west coast...can't the mags just ride in your suitcase?

 

[oliverz]

I would just mail it to yourself UPS or USPS.... what's the worry? They're not searching packages for magazines, yet!

 

[narcolepticsniper]

§4–306.
(a) A person who violates this subtitle is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.
(b) (1) A person who uses an assault pistol, or a magazine that has a capacity of more than 20 rounds of ammunition, in the commission of a felony or a crime of violence as defined in § 5-101 of the Public Safety Article is guilty of a misdemeanor and on conviction, in addition to any other sentence imposed for the felony or crime of violence, shall be sentenced under this subsection.

Don't use it in commission of a felony or a crime of violence, ok?

 

[xd40c]

I bought some in Ohio back in April and just threw them in my checked luggage. No problems on either side.

 

[erwos]

I'd toss it in your checked luggage, too. Shipping in 20+ round magazines is probably legal, but why risk it?

 

[Tootall]

Shipping is technically transfer. Bring them back in ur luggage.

 

[CharlieFoxtrot]

Yes- bring them back yourself.

 

[drott]

I guess it depends on your definition of receive. And of course the court's definition. Calling Novus.............

The cited law is Maryland state law. It is only applicable in Maryland (although certain other states have similar laws). But what it means is that you (i.e. a non-FFL dealer) cannot receive, sell or transfer high capacity mags to anyone else who is also a non-dealer while within the state of Maryland. You can legally possess them though. The law does not expressly prohibit you (nor does it have the authority) to ban you from purchasing them outside the state. However, you cannot purchase (or otherwise procure) high cap mags over the phone or internet while in the state of MD and then have them mailed or otherwise transported directly to yourself (or anyone else). That would probably be considered "receive" and is why most all out of state dealers will not sell them to MD state residents.

But simply driving over the state line and buying them directly in another high cap legal state (like VA for instance) and then returning to MD with them is not in violation of the law. Likewise, purchasing them on the phone or internet and then having them mailed to a location outside of MD (hopefully a high cap mag legal state) where you then physically go to pickup, would technically not be in violation of the law (because the mags were not transferred or received within the state of MD). However, in my opinion (and I'm not a lawyer), purchasing them on the phone or on the internet while in the state of MD is somewhat legally ambiguous (even if you received them out of state). If you were found out and an ambitious DA wanted to go after you for some reason, he or she might be able to make trouble for you. So personally, if I were making a purchase over the phone or internet (for pickup outside the state later) I would call in or email the purchase while OUTSIDE the state, so that the entire purchase/transfer/receive transaction is free and clear of Maryland and its laws. Better safe than sorry.

 

[shadow116]

drott, All of what you said is true, however I think you missed the original question. That is can a person buy them outside the state and mail them back yourself in the state.

That question is answered by what is the definition of receive as it is written in the law.

Of course you would be receiving the magazine from dealer, if you were to order via the internet or phone.

But are you "receiving" the magazine when you purchase in person, outside the state, and then mail it home.

I do not know the answer, but like others have posted, it would probably be better to err on the side of just putting them in your luggage.

 

[X-Factor]

I would say no to the original question, based on the legalese posted above. I wonder if I can get a 20rd zombie mag for my HK USP....

 

[drott]

drott, All of what you said is true, however I think you missed the original question. That is can a person buy them outside the state and mail them back yourself in the state. But are you "receiving" the magazine when you purchase in person, outside the state, and then mail it home. I do not know the answer, but like others have posted, it would probably be better to err on the side of just putting them in your luggage.

You're right, but I thought I'd offer the complete high cap mag legal issue as I had to learn it prior to getting my own high cap mags (I've been in the OP's exact situation before). Dullyjams may be in a situation where he is weighing his options prior to purchasing high cap mags "abroad" and transporting them back to the state. So I thought he should know the whole scoop in case he decided to defer his purchase abroad and to pursue another option after getting home (like driving to VA and buying there, for instance).

As far as transporting mags back in a suitcase, I agree it'll probably go off without a hitch and I personally do not see it as a violation of the law. But in my opinion I still would probably shy away from that option as well. The bags will be x-rayed and searched, and the security personnel may not understand exactly what the mags are or if it is legal for them to be transported (just as some of us gun enthusiasts are). That might give rise to "problems" or even confiscation. I fly alot and am frequently amazed at how edgy, and frankly stupid, security personnel can be (at times) when it comes to judging the potential harm of certain objects you may have on you or in your luggage. One time I walked onto a plane with my Camelback backpack on. It had a hydration pack on it (that was completely empty) and the drinking hose was visibly evident outside of the pack. A stewardess became quite alarmed and apparently thought it might have been some kind of detonator wire (leading inside my "backpack bomb"). It got fairly heated for a few minutes until me and a few other passengers calmed her down and convinced her it was harmless. And just about any gizmo or object that security personnel do not understand can come under high scrutiny (leading up to confiscation, even). It's happened to me many times over the years since 9-11, and it can be a real PITA.

Anyway, my $0.02.

 

[pilotguy]

Just FYI, I transport un-loaded AR mags in carry-on luggage and don't have any issue. I travel for work and some times buy items from out of state. Last Saturday, for example, I flew from DFW to BWI, and had four PMAGS in my carry-on. They went through security without issue.

 

[wilcam47]

depending on how many you wanted to get...i would get a bigger piece of luggage and put them at the bottom of the luggage and then put your clothes around it....especially if its a short trip...i put a pistol case in the bottom of mine and then locked it and put it in the bottom and packed clothes around it...TSA looked through it before i closed it up and then x-rayed it and had no problems plus you dont have to pay extra for another bag...

 

[Llyrin]

Shipping is technically transfer. Bring them back in ur luggage.

That's what I did when I bought 30-rounders for my Remington 597 at Cabela's in Gonzales, LA.

 

[JoeGael]

I don't think legally you can mail them because of the "receiving" factor. If you could mail them, I think it's safe to say that out of state companies would be able to ship them to MD (which they won't do).

Best bet is to bring them back yourself.

 

[novus collectus]

I didn't read all the thread, but from what I did read I think the general consensus is to bring them back on your person.
Shipping to yourself is not a transfer (like you can ship a firearm to yourself accross state lines without it being considered a transfer), but the question is are you "recieving"?
Don't be the test case on what the definition of "recieving" is even though you might argue that by mailing it to yourself with your name on the package that only you can open is possibly akin to it never leaving your ownership or ultimate control, it is not worth the risk IMHO.

If you live near a state line, then have it shipped to the UPS distribution center in the other state and then pick it up in person, or ship it to an out of state PO box or an out of state friend's house.

 

[novus collectus]

Just FYI, I transport un-loaded AR mags in carry-on luggage and don't have any issue. I travel for work and some times buy items from out of state. Last Saturday, for example, I flew from DFW to BWI, and had four PMAGS in my carry-on. They went through security without issue.

I don't think that is going to work every time. IIRC I think the TSA says you cannot have ANY firearms parts even on a plane with carryon luggage.

 

[novus collectus]

You're right, but I thought I'd offer the complete high cap mag legal issue as I had to learn it prior to getting my own high cap mags (I've been in the OP's exact situation before). Dullyjams may be in a situation where he is weighing his options prior to purchasing high cap mags "abroad" and transporting them back to the state. So I thought he should know the whole scoop in case he decided to defer his purchase abroad and to pursue another option after getting home (like driving to VA and buying there, for instance).

As far as transporting mags back in a suitcase, I agree it'll probably go off without a hitch and I personally do not see it as a violation of the law. But in my opinion I still would probably shy away from that option as well. The bags will be x-rayed and searched, and the security personnel may not understand exactly what the mags are or if it is legal for them to be transported (just as some of us gun enthusiasts are). That might give rise to "problems" or even confiscation. I fly alot and am frequently amazed at how edgy, and frankly stupid, security personnel can be (at times) when it comes to judging the potential harm of certain objects you may have on you or in your luggage. One time I walked onto a plane with my Camelback backpack on. It had a hydration pack on it (that was completely empty) and the drinking hose was visibly evident outside of the pack. A stewardess became quite alarmed and apparently thought it might have been some kind of detonator wire (leading inside my "backpack bomb"). It got fairly heated for a few minutes until me and a few other passengers calmed her down and convinced her it was harmless. And just about any gizmo or object that security personnel do not understand can come under high scrutiny (leading up to confiscation, even). It's happened to me many times over the years since 9-11, and it can be a real PITA.

Anyway, my $0.02.

Since we can fly with firearms in checked luggage, I doubt there would be an issue with unloaded mags in a checked bag with TSA agents. There might be that rare idiot that doesn't know the rules, but any supervisor would fix that especially when you point out that actual guns and ammunition are ok in checked luggage.