Maryland Mag Size Limit Question

[tall.guy88]

So I left Maryland 3 years ago and took up residence in WV. A friend invited me to shoot at The Machine Gun Nest in Frederick, Md. I have a handgun and a rifle with magazines that are 17 and 30 rounds respectively.

Can I legally bring those into Maryland to shoot at a target range?

 

[Rack&Roll]

Re: the mags. Yup

You just can't purchase any mags of that capacity while you are in MD, or have anyone in MD gift them to you while you are in our state.

Ugh.

 

[MADad]

I may be wrong, but I believe the wording of the law prohibits taking possession in Maryland. I hope I don't sound nit-pickey, but wording can make a big difference.

 

[RoadDawg]

I may be wrong, but I believe the wording of the law prohibits taking possession in Maryland. I hope I don't sound nit-pickey, but wording can make a big difference.

Transferring mags of >10 rounds for the purpose of ownership within the state of Maryland is ILLEGAL.

However, possession, ownership, and bringing them in from outside of the state is legal.

 

[eddiek2000]

I may be wrong, but I believe the wording of the law prohibits taking possession in Maryland. I hope I don't sound nit-pickey, but wording can make a big difference.

???

He already has possession and is bringing them into state. No issue.

 

[tall.guy88]

Thx yall. Just making sure. I dont need the unconstitutional government fining me or worse.

Off to shooting I go. From what I hear, The Machine Gun Nest is a good place to shoot.

 

[MADad]

I agree with the last two replies. I guess I wasn't clear in my comment. I've had people tell me that they didn't buy their mags in MD, that they were given to them, while in MD. My point is that we can't take possession of them within the state. Sorry for any confusion.

 

[tall.guy88]

I agree with the last two replies. I guess I wasn't clear in my comment. I've had people tell me that they didn't buy their mags in MD, that they were given to them, while in MD. My point is that we can't take possession of them within the state. Sorry for any confusion.

Gotcha. Makes sense. I also confirmed banned guns like the .233 cal AR15 are allowed to be used in the state just not purchased there.

 

[Hawkeye]

Transferring mags of >10 rounds for the purpose of ownership within the state of Maryland is ILLEGAL.

Just being nitpicky here, but there is nothing in the law about "for the purpose of ownership." The wording of the law is that

A person may not manufacture, sell, offer for sale, purchase, receive, or transfer a detachable magazine that has a capacity of more than 10 rounds of ammunition for a firearm.

so it all comes down to what the legal definitions of "receive" and "transfer" are. In other circumstances, the definition of "transfer" as it relates to a firearm has been defined as not including a loan or a rental, but I don't know if that's ever been defined with respect to a magazine.

Gotcha. Makes sense. I also confirmed banned guns like the .233 cal AR15 are allowed to be used in the state just not purchased there.

Not under all circumstances. Unless you owned a now banned gun prior to 10/1/13, it is illegal for you to possess it in the state of MD. So unless you owned a now-banned rifle prior to that date, DO NOT BRING IT HERE.

In the interest of clarity, here's the applicable law. This is Maryland SB281, Enrolled version:

(a) Except as provided in subsection (b) of this section, a person may not:
(1) transport an assault WEAPON into the State; or
(2) possess, sell, offer to sell, transfer, purchase, or receive an assault WEAPON.
(b)(3)A PERSON WHO LAWFULLY POSSESSED, HAS A PURCHASE ORDER FOR, OR COMPLETED AN APPLICATION TO PURCHASE AN ASSAULT LONG GUN OR A COPYCAT WEAPON BEFORE OCTOBER 1, 2013, MAY:
(I) POSSESS AND TRANSPORT THE ASSAULT LONG GUN OR COPYCAT WEAPON

So like I said, unless you possessed the now banned "assault weapon" prior to 10/1/13, mere possession of it in Maryland is illegal.

 

[esqappellate]

Gotcha. Makes sense. I also confirmed banned guns like the .233 cal AR15 are allowed to be used in the state just not purchased there.

Not giving legal advice here, but I suggest you take a hard look at the actual language of the statute, which addresses both "possession" and "transport" into the state before you bring any banned rifle into the state, especially if you possessed that rifle after 10/1/2013. Attached.

 

[Squaregrouper]

Not giving legal advice here, but I suggest you take a hard look at the actual language of the statute, which addresses both "possession" and "transport" into the state before you bring any banned rifle into the state, especially if you PURCHASED that rifle after 10/1/2013. Attached.

Fixed the typo counseler.
IANAL

 

[RoadDawg]

Just being nitpicky here, but there is nothing in the law about "for the purpose of ownership." The wording of the law is that



so it all comes down to what the legal definitions of "receive" and "transfer" are. In other circumstances, the definition of "transfer" as it relates to a firearm has been defined as not including a loan or a rental, but I don't know if that's ever been defined with respect to a magazine.



Not under all circumstances. Unless you owned a now banned gun prior to 10/1/13, it is illegal for you to possess it in the state of MD. So unless you owned a now-banned rifle prior to that date, DO NOT BRING IT HERE.

In the interest of clarity, here's the applicable law. This is Maryland SB281, Enrolled version:



So like I said, unless you possessed the now banned "assault weapon" prior to 10/1/13, mere possession of it in Maryland is illegal.

Actually... Nit picky is encouraged, so long as it keeps folks on the straight and narrow and free of hot water immersion.

In Maryland Law... Every time the word "transfer" is use in relation to firearms, it is use to mean "change ownership from one person to another" or "rent". That may be "trade, sell, buy, rent, or give"... But when talking about firearms... I have seen nothing that indicates "transfer" would be used in any other situation.

Now maybe another person can show me where, in the written law, that is not the case. But until such time as I see it spelled out differently, I am going to opine that precedent has been set by the Maryland Law makers.

Example: to loan a pistol to another for the purpose of a target or hunting event, does not require a 77R or other documentation to be completed. It is a loan, not a "transfer" as the term is used in Maryland Law.

From the MSP Website...
http://mdsp.maryland.gov/Organizati...ision/Firearms/RegulatedFirearmPurchases.aspx

Any person who wishes to purchase, rent, or transfer a regulated firearm must complete a MSP 77R Application and Affidavit to purchse a regulated firearm. This includes individuals acquiring a regulated firearm through a firearm dealer, secondary sale/private sale, gift, or a person who wishes to voluntarily register a regulated firearm shall complete a Maryland State Police Application and Affidavit to Purchase a Regulated Firearm (MSP 77R).

IANAL

 

[Vile Shadow]

Gotcha. Makes sense. I also confirmed banned guns like the .233 cal AR15 are allowed to be used in the state just not purchased there.

Unless somebody else knows somethin' I don't, it ain't banned if it's a heavy barrel. Buy 'em and shoot 'em.

 

[Hawkeye]

Actually... Nit picky is encouraged, so long as it keeps folks on the straight and narrow and free of hot water immersion.

In Maryland Law... Every time the word "transfer" is use in relation to firearms, it is use to mean "change ownership from one person to another" or "rent". That may be "trade, sell, buy, rent, or give"... But when talking about firearms... I have seen nothing that indicates "transfer" would be used in any other situation.

Now maybe another person can show me where, in the written law, that is not the case. But until such time as I see it spelled out differently, I am going to opine that precedent has been set by the Maryland Law makers.

Example: to loan a pistol to another for the purpose of a target or hunting event, does not require a 77R or other documentation to be completed. It is a loan, not a "transfer" as the term is used in Maryland Law.

From the MSP Website...
http://mdsp.maryland.gov/Organizatio...Purchases.aspx
Quote:
Any person who wishes to purchase, rent, or transfer a regulated firearm must complete a MSP 77R Application and Affidavit to purchse a regulated firearm. This includes individuals acquiring a regulated firearm through a firearm dealer, secondary sale/private sale, gift, or a person who wishes to voluntarily register a regulated firearm shall complete a Maryland State Police Application and Affidavit to Purchase a Regulated Firearm (MSP 77R).
IANAL

Yeah, I basically agree with you - like I said, "they" (I think maybe the AG's office, I know I've seen it in writing but I don't remember where or who from) have specifically said that "transfer" as it relates to a firearm, does not include loans or on premises rentals (like at a gun range). I would think that one could reasonably expect that the same would apply to the term "transfer" as it relates to a magazine, but sometimes, who the hell knows?

 

[esqappellate]

Fixed the typo counseler.
IANAL

Actually, the statute says as follows:

"A person who lawfully possessed, has a purchase order for, or completed an application to purchase an assault long gun or a copycat weapon before October 1, 2013"