Illegal to USE mags larger than 10 in MD?

[roadking]

So, no surprise, a Balitmore council member has staff that got in trouble. But I don’t want to get into that. This woman had a handgun with her, in her car, apparently distributing pot, and no CCW. The gun had two 16 capacity mags. One fully loaded in the gun and a second with 14 rounds. The Sun article says:

“Johnson was charged with utilizing a magazine with a capacity of more than 10 rounds of ammunition, a misdemeanor that carries a maximum penalty of three years incarceration, a $5,000 fine or both.”

I know we cannot manufacture, alter, transfer, buy or sell mags with capacity greater than 10 here in Md. But we can own them, if acquired elsewhere. These charges make it sound like we are prohibited from USING the larger mags in MD. I was not aware of this. Can someone with knowledge of this law (even if you’re not a lawyer) educate me on this? If one were to (hypothetically) own larger mags and had a CCW, would that person not be allowed to carry with them? And what about at the range? Would this same hypothetical person be in violation if they were training with (and this, utilizing) a larger capacity mag?

Sorry if this has been discussed before. I did a quick scan of recent posts but didn’t see anything related.

Full article here:

City Council President Nick Mosby’s assistant arrested on gun, drug charges in Baltimore County

An assistant for Baltimore City Council President Nick Mosby was arrested on gun and marijuana distribution charges in Baltimore County earlier this month, and released from jail Friday, court reco…

www.baltimoresun.com

Sent from my iPad using Tapatalk

 

[jkeys]

Possesion is not illegal. However if I recall correctly it is illegal to use a mag with more than 10 rounds in the comission of a crime.

Basically one more tack on charge for prosecutors to use in order to rack up a long list of scary sounding charges.

 

[teratos]

Possesion is not illegal. However if I recall correctly it is illegal to use a mag with more than 10 rounds in the comission of a crime.

Basically one more tack on charge for prosecutors to use in order to rack up a long list of scary sounding charges.

This.

Just another charge for prosecutors to ignore.

 

[roadking]

Possesion is not illegal. However if I recall correctly it is illegal to use a mag with more than 10 rounds in the comission of a crime.

Basically one more tack on charge for prosecutors to use in order to rack up a long list of scary sounding charges.

That’s unfortunate. Because it may take more than a few rounds to stop a single attacker, if you are in any sort of urban or crowded environment, you might want/need more than 10 on you if you carry. Sad to think the state has yet another charge to throw at someone who is defending themselves. But that’s how this lovely state works.

Thanks for the info.


Sent from my iPhone using Tapatalk

 

[beetles]

So, no surprise, a Balitmore council member has staff that got in trouble. But I don’t want to get into that. This woman had a handgun with her, in her car, apparently distributing pot, and no CCW. The gun had two 16 capacity mags. One fully loaded in the gun and a second with 14 rounds. The Sun article says:

“Johnson was charged with utilizing a magazine with a capacity of more than 10 rounds of ammunition, a misdemeanor that carries a maximum penalty of three years incarceration, a $5,000 fine or both.”

I know we cannot manufacture, alter, transfer, buy or sell mags with capacity greater than 10 here in Md. But we can own them, if acquired elsewhere. These charges make it sound like we are prohibited from USING the larger mags in MD. I was not aware of this. Can someone with knowledge of this law (even if you’re not a lawyer) educate me on this? If one were to (hypothetically) own larger mags and had a CCW, would that person not be allowed to carry with them? And what about at the range? Would this same hypothetical person be in violation if they were training with (and this, utilizing) a larger capacity mag?

Sorry if this has been discussed before. I did a quick scan of recent posts but didn’t see anything related.

Full article here:

City Council President Nick Mosby’s assistant arrested on gun, drug charges in Baltimore County

An assistant for Baltimore City Council President Nick Mosby was arrested on gun and marijuana distribution charges in Baltimore County earlier this month, and released from jail Friday, court reco…

www.baltimoresun.com

Sent from my iPad using Tapatalk

My understanding is that it is prohibited to buy, sell or transfer a detachable handgun magazine with a capacity greater than 10 rounds, but possession and use is not prohibited.

This individual has obviously got other criminal legal issues. I suspect she may have told the police she bought the pistol and its magazine in the state, which would have been illegal. That is the only way a charge of this nature would make sense. And the story says she did not have a concealed carry permit.

She'll do no time. Plead down to possession of pot with a civil fine and a misdemeanor firearm charge with a fine and community service. She might even get her gun back, less the magazine.

 

[chilipeppermaniac]

“Johnson was charged with utilizing a magazine with a capacity of more than 10 rounds of ammunition, a misdemeanor that carries a maximum penalty of three years incarceration, a $5,000 fine or both.”

I know we cannot manufacture, alter, transfer, buy or sell mags with capacity greater than 10 here in Md. But we can own them, if acquired elsewhere. These charges make it sound like we are prohibited from USING the larger mags in MD. I was not aware of this. Can someone with knowledge of this law (even if you’re not a lawyer) educate me on this? If one were to (hypothetically) own larger mags and had a CCW, would that person not be allowed to carry with them? And what about at the range? Would this same hypothetical person be in violation if they were training with (and this, utilizing) a larger capacity mag?

Sorry if this has been discussed before. I did a quick scan of recent posts but didn’t see anything related.

I was pondering this same question this AM as I watched a clip with Massad Ayoob where he mentions 9mm handgun with higher than 10 rounds capacity mag vs a 10 rounder with fewer rounds in it. Here is the clip and he speaks of this at 7:36+ in this clip.

Possesion is not illegal. However if I recall correctly it is illegal to use a mag with more than 10 rounds in the comission of a crime.

Basically one more tack on charge for prosecutors to use in order to rack up a long list of scary sounding charges.

This.

Just another charge for prosecutors to ignore.

As for jkeys and teratos, I see the mention of charges,,,,,,,, ones used vs ones ignored.
Speaking as one who does own a few mags that ARE larger than 10 round. The answer of legality vs what will I make use of in a threat to life scenario is I will use what I have.

Also, I see what you did there, Doc.

Regarding your statement, jkeys. " illegal- more than 10 rounds-- in commission of a crime...
Here lies my question. When is a crime determined to be committed? Taking a gun in a bank to hold it up, check. Taking a gun to hold up a drug deal, check, Taking a gun out of my safe in my home during a burglary and using it to protect myself and family with a 12, 13, 15 etc round mag instead of a 10 rounder, AM I NOW committing a crime, so I could face the " in commission of a crime" charge?

 

[Patattack88]

Give it till next session then they will make it illegal.

 

[-Z/28-]

It is only illegal if used in the commission of a crime. You can load as many rounds as you want for legal usage.

 

[Art3]

That’s unfortunate. Because it may take more than a few rounds to stop a single attacker, if you are in any sort of urban or crowded environment, you might want/need more than 10 on you if you carry. Sad to think the state has yet another charge to throw at someone who is defending themselves. But that’s how this lovely state works.

Thanks for the info.


Sent from my iPhone using Tapatalk

But if you are carrying legally, and using it for legal defensive purposes, you aren't committing any crime...so it doesn't matter. Carry the biggest mag that you can conceal

 

[chilipeppermaniac]

It is only illegal if used in the commission of a crime. You can load as many rounds as you want for legal usage.

This was always my understanding. Thanks Z

 

[Art3]

When is a crime determined to be committed? Taking a gun in a bank to hold it up, check. Taking a gun to hold up a drug deal, check, Taking a gun out of my safe in my home during a burglary and using it to protect myself and family with a 12, 13, 15 etc round mag instead of a 10 rounder, AM I NOW committing a crime, so I could face the " in commission of a crime" charge?

I would think it depends how you are protecting your self and family. If you chase down the fleeing (former) threat, shoot them in the back so they fall and put another in their head once you catch up to them to be sure after delivering your pithy 80's action movie one-liner...yeah, that's committing a crime and you should be charged with a lot.

But having the standard capacity magazine in the gun alone does not make the crime. It's what you are doing with (or maybe even just around) the gun that makes it a crime.

 

[28Shooter]

Nick Mosby's assistant...Democrats Makin' Balmer Proud!

 

[Art3]

Now...what might get a little weird is if you are legally carrying with a standard capacity magazine and coincidentally get caught committing some other crime that doesn't even involve the firearm...like speeding (not that it seems like anyone gets stopped for speeding anymore), or driving you historically tagged vehicle to work, or shoplifting because you accidentally missed scanning one item at the self check out.

 

[chilipeppermaniac]

Now...what might get a little weird is if you are legally carrying with a standard capacity magazine and coincidentally get caught committing some other crime that doesn't even involve the firearm...like speeding (not that it seems like anyone gets stopped for speeding anymore), or driving you historically tagged vehicle to work, or shoplifting because you accidentally missed scanning one item at the self check out.

Art3 understands how my mind works when it comes to legalities and possible pitfalls/entrapments one can find themselves in or saddled with BECAUSE of living in Marylandistan.

 

[TheOriginalMexicanBob]

A tack-on charge. Essentially it works against you if the state's attorney really wants to make an example of you or a throwaway charge to prod you into accepting a plea bargain.

 

[teratos]

A tack-on charge. Essentially it works against you if the state's attorney really wants to make an example of you or a throwaway charge to prod you into accepting a plea bargain.

I'd bet those "examples" look a lot like us...

 

[Darkemp]

So, no surprise, a Balitmore council member has staff that got in trouble. But I don’t want to get into that. This woman had a handgun with her, in her car, apparently distributing pot, and no CCW. The gun had two 16 capacity mags. One fully loaded in the gun and a second with 14 rounds. The Sun article says:

“Johnson was charged with utilizing a magazine with a capacity of more than 10 rounds of ammunition, a misdemeanor that carries a maximum penalty of three years incarceration, a $5,000 fine or both.”

I know we cannot manufacture, alter, transfer, buy or sell mags with capacity greater than 10 here in Md. But we can own them, if acquired elsewhere. These charges make it sound like we are prohibited from USING the larger mags in MD. I was not aware of this. Can someone with knowledge of this law (even if you’re not a lawyer) educate me on this? If one were to (hypothetically) own larger mags and had a CCW, would that person not be allowed to carry with them? And what about at the range? Would this same hypothetical person be in violation if they were training with (and this, utilizing) a larger capacity mag?

Sorry if this has been discussed before. I did a quick scan of recent posts but didn’t see anything related.

Full article here:

City Council President Nick Mosby’s assistant arrested on gun, drug charges in Baltimore County

An assistant for Baltimore City Council President Nick Mosby was arrested on gun and marijuana distribution charges in Baltimore County earlier this month, and released from jail Friday, court reco…

www.baltimoresun.com

Sent from my iPad using Tapatalk

In commission of a crime is the issue. Illegal drugs, distribution of such are the issues. The magazine charge is an add on when that exists along with illegally carrying a handgun. For a lawful MD HGP holder magazine capacity is not an issue.

This person is a criminal dealing drugs and had an illegal firearm in the car, possession of which would have also been illegal in their home or anywhere else due to the other crimes. Not sure why it’s brought up as even remotely being related to HGP holders who are generally law abiding citizens.

 

[TheOriginalMexicanBob]

I'd bet those "examples" look a lot like us...

That was implied.

 

[Allen65]

In commission of a crime is the issue. Illegal drugs, distribution of such are the issues. The magazine charge is an add on when that exists along with illegally carrying a handgun. For a lawful MD HGP holder magazine capacity is not an issue.

This person is a criminal dealing drugs and had an illegal firearm in the car, possession of which would have also been illegal in their home or anywhere else due to the other crimes. Not sure why it’s brought up as even remotely being related to HGP holders who are generally law abiding citizens.

The crime needs to be a felony or "crime of violence" as defined in 5-101 of the Public Safety Article for the magazine possession issue to kick in. Speeding, for example, is not a crime of violence.

 

[85MikeTPI]

[...]

She'll do no time. Plead down to possession of pot with a civil fine and a misdemeanor firearm charge with a fine and community service. She might even get her gun back, less the magazine.

and back in time to vote in the Primary AND the General Election