Selling hi-cap mags OUT of Maryland after 10/1?

[clandestine]

Individuals has always been a sticking point for 21+ mags in the past, now or will be for 11+ mags.

FFLs are exempt from this MD Law. Dealers can receive and sell hicaps that exceed md capacity limits to other dealers or residents to other states where receiving or possessing of the magazine is not prohibited.

 

[dblas]

Not unless you drive out of state to ship them, unless you're an FFL dealer or manufacturer.

You might also run into trouble even offering them for sale from within MD, regardless of whether all the buyers are out of state. That's how I read the law anyways, but I think it's doubtful it could be enforced that way since parts of the law allow sales of grandfathered items you already own to people out of state.

It is OK today for me to ship 30 round mags out of state when I have sold them, why would it be illegal after Oct 1? So long as I am selling them OUT OF STATE, I am good with regards to the law. I and the OP would have a problem if we were shipping them to someone in MD.

SB281 makes no mention of interferring with interstate commerce by an individual.

 

[jonnyl]

It is OK today for me to ship 30 round mags out of state when I have sold them, why would it be illegal after Oct 1? So long as I am selling them OUT OF STATE, I am good with regards to the law. I and the OP would have a problem if we were shipping them to someone in MD.

SB281 makes no mention of interferring with interstate commerce by an individual.

I don't think it's a matter of it changing 10/1. I think the question is whether it was ever legal (whether over 20 before, or over 10 after).

How do you get to the point of shipping without "selling or offering to sell" them unless you were out of state at the time you made the offer?

 

[fabsroman]

I don't think it's a matter of it changing 10/1. I think the question is whether it was ever legal (whether over 20 before, or over 10 after).

How do you get to the point of shipping without "selling or offering to sell" them unless you were out of state at the time you made the offer?

Yep. Just because somebody hasn't been caught and prosecuted successfully over it does not mean it is legal.

http://brucegodfrey.com/2011/05/the...with-animals-perverted-sex-and-unnatural-sex/

Read through the above link regarding sex crimes. I think the majority of people on this board will be shocked to find out that they have probably committed a sex crime during their stay in Maryland that could have resulted in a 10 year prison sentence and/or a $1,000 fine.

Maryland has some completely retarded laws. However, just because it isn't prosecuted and/or enforced does not make the act of doing it legal.

 

[Tree Rat]

Don't get hung up figuring out whether a law makes sense or not when you are trying to determine what it means. Whether something makes sense or not is irrelevent. Read it, understand it, and follow it, or you are subject to prosecution. I believe starting October 1 we can sell our AK's and AR's out of state, but we cannot offer to sell (in state or out of state) mags over 10 round capacity. Makes sense...No! Does that matter...No. Follow what it says.

Tis I who is not getting hung up on anything here, to the contrary....your lecture aside, I'm comfortable with the decisions I will make in the coming years vis a vi this law.


TR

 

[fabsroman]

Tis I who is not getting hung up on anything here, to the contrary....your lecture aside, I'm comfortable with the decisions I will make in the coming years vis a vi this law.


TR

It all comes down to risk assessment. Some people are willing to push the envelope in almost all areas of life, others are extremely conservative when it comes to everything. The majority fall in the middle and everybody has to make a decision based upon their individual circumstances.

 

[dblas]

I don't think it's a matter of it changing 10/1. I think the question is whether it was ever legal (whether over 20 before, or over 10 after).

How do you get to the point of shipping without "selling or offering to sell" them unless you were out of state at the time you made the offer?

Simple I do not sell them to anyone in MD and I do not offer to sell them to anyone in MD.

 

[JohnnyE]

I don't think it's a matter of it changing 10/1. I think the question is whether it was ever legal (whether over 20 before, or over 10 after).

How do you get to the point of shipping without "selling or offering to sell" them unless you were out of state at the time you made the offer?

Simple I do not sell them to anyone in MD and I do not offer to sell them to anyone in MD.

Based on my reading of the law, and IAAL, but am not your lawyer, simply offering a banned mag for sale, irrespective of where the buyer may be, is against Maryland law. Unless you are an FFL, if you are in Maryland, the simple act of offering a banned mag for sale, in or out of state, is illegal. I am not trying to lecture or tell anyone what to do. I am just trying to be like a mine detector, so we know what the limits are and can decide what to do with eyes wide open.

 

[dblas]

Based on my reading of the law, and IAAL, but am not your lawyer, simply offering a banned mag for sale, irrespective of where the buyer may be, is against Maryland law. Unless you are an FFL, if you are in Maryland, the simple act of offering a banned mag for sale, in or out of state, is illegal. I am not trying to lecture or tell anyone what to do. I am just trying to be like a mine detector, so we know what the limits are and can decide what to do with eyes wide open.

Then everyone in the FST section offering to hand over 20+ mags across state lines would also be illegal.

 

[mward]

Maryland can't regulate interstate commerce. Just remember that.

 

[dblas]

Based on my reading of the law, and IAAL, but am not your lawyer, simply offering a banned mag for sale, irrespective of where the buyer may be, is against Maryland law. Unless you are an FFL, if you are in Maryland, the simple act of offering a banned mag for sale, in or out of state, is illegal. I am not trying to lecture or tell anyone what to do. I am just trying to be like a mine detector, so we know what the limits are and can decide what to do with eyes wide open.

So, let's look at this from another angle.

According to this:


Law reference:
http://legiscan.com/MD/text/SB281/id...-Chaptered.pdf

Page 15, 4-305.
(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] 10 rounds of ammunition for a firearm.

(bold number is in the law, not my emphasis)

Everyone states that you are not allowed to sell magazines to someone out of state while you are in the state of Maryland, Yes?

So, by that same logic, no one is allowed to purchase a magazine over 20 rounds (10 after Oct 1), which means you are not allowed to sit at a keyboard and purchase magazines over the internet while your sitting in Maryland.

You can't say "no you can't do that" to one item and then say you can for another.

So, if you are ordering and paying (purchasing) for magazines over 20 rounds online, you are breaking the law by everyone's definition.

 

[JohnnyE]

So, let's look at this from another angle.

According to this:


Law reference:
http://legiscan.com/MD/text/SB281/id...-Chaptered.pdf

Page 15, 4-305.
(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] 10 rounds of ammunition for a firearm.

(bold number is in the law, not my emphasis)

Everyone states that you are not allowed to sell magazines to someone out of state while you are in the state of Maryland, Yes?

So, by that same logic, no one is allowed to purchase a magazine over 20 rounds (10 after Oct 1), which means you are not allowed to sit at a keyboard and purchase magazines over the internet while your sitting in Maryland.

You can't say "no you can't do that" to one item and then say you can for another.

So, if you are ordering and paying (purchasing) for magazines over 20 rounds online, you are breaking the law by everyone's definition.

In a word, yes. An increasing number of online merchants are rejecting orders for +20 round magazines where only so much as the credit card billing address is in Maryland. They are doing this even when the magazines are designated to be shipped to PA, VA or any other state where +20 round mags are legal. I think that is why I have seen some discussions about using pre-paid gift cards if someone wanted to attempt something like this, as they have no "billing address".

 

[helg]

I see that mdshooters.com is hosted outside MD, in MO. It well may be that offering 20+/10+ mags at the site does/will not conflict with MD law, as MD law is not applicable for non-MD sites.

 

[Parrot]

So just go to a neighboring state, buy them and come back in?

 

[fav453]

I am unclear about buying out of state for a md resident. Is it transferring by bringing them in? It just doesnt seem effective if all I have to do is drive over the line, does it?

 

[Parrot]

I am unclear about buying out of state for a md resident. Is it transferring by bringing them in? It just doesnt seem effective if all I have to do is drive over the line, does it?

Here's a little secret, everyone has been doing that for years and it is perfectly legal.

Can you say HBARs, that's silly too.


50

 

[Mooseman]

Currently live in VA, bought and sold hi-caps online for extra cash, moving to MD, have stock left over I'd like to get rid of, and THIS is what caught my attention:

(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.

Don't move to Maryland.

 

[jonnyl]

Don't move to Maryland.

Best answer yet!
/thread

 

[fabsroman]

So, let's look at this from another angle.

According to this:


Law reference:
http://legiscan.com/MD/text/SB281/id...-Chaptered.pdf

Page 15, 4-305.
(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] 10 rounds of ammunition for a firearm.

(bold number is in the law, not my emphasis)

Everyone states that you are not allowed to sell magazines to someone out of state while you are in the state of Maryland, Yes?

So, by that same logic, no one is allowed to purchase a magazine over 20 rounds (10 after Oct 1), which means you are not allowed to sit at a keyboard and purchase magazines over the internet while your sitting in Maryland.

You can't say "no you can't do that" to one item and then say you can for another.

So, if you are ordering and paying (purchasing) for magazines over 20 rounds online, you are breaking the law by everyone's definition.

That is correct. If you are sitting at a computer in Maryland when ordering mags with a capacity of 21+, even if they are being shipped to a different state, then you are breaking the law. Question is, what is the chance of getting caught and prosecuted.

Solution, buy the mags when you are not in Maryland.