MD Criminal Code 4-305, possession and carry of high capacity magazines

[msrw]

I'm a relatively new arrival in MD and hold a W&C HP. I noticed that the statute listed below is written differently than similar statutes in other states that prohibit greater than ten round magazines. It appears to be written to specifically NOT prohibit possession and use, only manufacture and transfer:

2020 Maryland Statutes​

Criminal Law​

Title 4 - Weapon Crimes​

Subtitle 3 - Assault Weapons and Detachable Magazines​

Section 4-305 - Detachable Magazines -- Prohibited​

Universal Citation: MD. Criminal Law Code Ann. § 4-305 (2020)
(a) This section does not apply to:
(1) a .22 caliber rifle with a tubular magazine; or
(2) a law enforcement officer or a person who retired in good standing from service with a law enforcement agency of the United States, the State, or any law enforcement agency in the State.
(b) 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.

I wanted to ask folks who are familiar with the interpretation of the law and/or case law around 4-305....is it correct to interpret 4-305 to mean that one can legally possess and use large capacity magazines in MD as long as they were received prior to moving to MD or were not purchased here? Or is 4-305 interpreted by the courts and law enforcement to mean that possession and use are also against the law?

Thanks!

 

[joppaj]

Nope, you understand correctly. You can own them and use them. You can't buy, sell or make them in the state.

 

[teratos]

I'm a relatively new arrival in MD and hold a W&C HP. I noticed that the statute listed below is written differently than similar statutes in other states that prohibit greater than ten round magazines. It appears to be written to specifically NOT prohibit possession and use, only manufacture and transfer:

2020 Maryland Statutes​

Criminal Law​

Title 4 - Weapon Crimes​

Subtitle 3 - Assault Weapons and Detachable Magazines​

Section 4-305 - Detachable Magazines -- Prohibited​

Universal Citation: MD. Criminal Law Code Ann. § 4-305 (2020)
(a) This section does not apply to:
(1) a .22 caliber rifle with a tubular magazine; or
(2) a law enforcement officer or a person who retired in good standing from service with a law enforcement agency of the United States, the State, or any law enforcement agency in the State.
(b) 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.

I wanted to ask folks who are familiar with the interpretation of the law and/or case law around 4-305....is it correct to interpret 4-305 to mean that one can legally possess and use large capacity magazines in MD as long as they were received prior to moving to MD or were not purchased here? Or is 4-305 interpreted by the courts and law enforcement to mean that possession and use are also against the law?

Thanks!

You can’t do anything listed in the statute. Possession is not prohibited. You can also drive to any surrounding states, buy any magazine you want, and bring it back.

 

[msrw]

Gentlemen, thank you for clarifying this.

 

[lazarus]

Nope, you understand correctly. You can own them and use them. You can't buy, sell or make them in the state.

Well, if you use one in the commission of a crime, the possession/use in the crime is a criminal charge.

So long as you are otherwise being law abiding possession of a "high capacity magazine" is totally legal.

 

[motorcoachdoug]

What you could do, is take a trip down to Leesburg,VA from Monkey, take Rt 28 to the point of rocks bridge cross over as you are now on VA rt15 and take that into Leesburg to a couple of gun stores that sell them then take a nice drive back. It might take about 45 min to an hour each way depending on where you live as well. Of course I deny any knowledge of said trip being made but from what I ah observed its a nice drive on Rt 15 thru some really nice farm country with a few horse farms thrown in as well.

 

[pcfixer]

Nope, you understand correctly. You can own them and use them. You can't buy, sell or make them in the state.

Thank you. I did notify USCCA because of inaccurate information on their website.

 

[TopTechAgent]

Nope, you understand correctly. You can own them and use them. You can't buy, sell or make them in the state.

To be a little more clear you may not “transfer” them. Which would include buying ,selling , trading , gifting . While in MD.


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[scottyfz6]

What you could do, is take a trip down to Leesburg,VA

Or do what I do is drive 20 mins to a friends house in PA and pick up boxes that contain mags that hold more than 10 rounds.

Although there is a loop hole backed up by the state police years ago. If you go to another state and buy lots of >10 round mags, you can mail them to yourself as there is no transfer happening. As long as you had possession of them before you physically mail them. Yes I might have driven cross country years ago with a box in the trunk that I put mags in as I found deals and them mailed them home from vegas. I also might have brought home another box filled by the time I came back. ( not enough room in the car for 2 boxes worth)

 

[teratos]

To be a little more clear you may not “transfer” them. Which would include buying ,selling , trading , gifting . While in MD.


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What if you find one on the side of the road?

 

[CMSGT]

What if you find one on the side of the road?

That would be considered a good day in the neighbor-HOOD.

 

[Blaster229]

What if you laid some down on a desk at a get together, walked away, and someone took them when you weren't looking?

 

[CMSGT]

What if you laid some down on a desk at a get together, walked away, and someone took them when you weren't looking?

Crime of opportunity..

 

[Allen65]

What if you find one on the side of the road?

Well, you didn't take lawful possession of the mag, and FSA2013 was silent on the subject of theft of a standard capacity magazine, so no violation?

 

[Jimgoespewpew]

So I can carry a Marlin 60. Sweet.

 

[rickyp]

From my understanding you can buy rebuild kits in md then use these kits to rebuild damaged mags you already have in your possession, but if you use that kit to build a new magazine you must take it out of md to fully put it together. Is this correct?

 

[teratos]

From my understanding you can buy rebuild kits in md then use these kits to rebuild damaged mags you already have in your possession, but if you use that kit to build a new magazine you must take it out of md to fully put it together. Is this correct?

Correct

 

[joppaj]

Can a non-exempt private citizen transfer these mags to an FFL? I assume not but don't know.

 

[teratos]

Can a non-exempt private citizen transfer these mags to an FFL? I assume not but don't know.

Yes.

 

[joppaj]

Yes.

Thank you. Years ago I was selling some 10/22 mags through GunBroker. I drove to VA to mail them just to be sure that nobody could say I transferred them (to USPS) in MD. BGOS is real.