Shipping High Capacity Magazines FROM MD

[BigTrain]

Hi all,

I'm about to list my Sig P556XI on Gunbroker, and was hoping for clarification.

I know you cannot sell magazines with capacity greater than 10 in MD, but can I list it on Gunbroker and ship them with the pistol to a licensed FFA outside of the state in accordance with that state's laws?

Any help would be greatly appreciated!

 

[Bountied]

Hi all,

I'm about to list my Sig P556XI on Gunbroker, and was hoping for clarification.

I know you cannot sell magazines with capacity greater than 10 in MD, but can I list it on Gunbroker and ship them with the pistol to a licensed FFA outside of the state in accordance with that state's laws?

Any help would be greatly appreciated!

IANAL or an FFL but, yes.

 

[lazarus]

Hi all,

I'm about to list my Sig P556XI on Gunbroker, and was hoping for clarification.

I know you cannot sell magazines with capacity greater than 10 in MD, but can I list it on Gunbroker and ship them with the pistol to a licensed FFA outside of the state in accordance with that state's laws?

Any help would be greatly appreciated!

Like the out of state FFL would be selling it? Yes.

According to the letter of the law, you cannot sell or transfer those magazines in MD unless it is to an FFL. So if it is listed for sale on gunbroker you are in Maryland, even if being sold out of the state...that's a grey area. I highly doubt MSP is going to track you down if you have "magazines not included if you purchase the firearm and are a resident of a state prohibiting magazines of a capacity >10 rounds" or something like that.

 

[Bountied]

Like the out of state FFL would be selling it? Yes.

According to the letter of the law, you cannot sell or transfer those magazines in MD unless it is to an FFL. So if it is listed for sale on gunbroker you are in Maryland, even if being sold out of the state...that's a grey area. I highly doubt MSP is going to track you down if you have "magazines not included if you purchase the firearm and are a resident of a state prohibiting magazines of a capacity >10 rounds" or something like that.

Every gun I've bought on gun broker has gone through an FFL. So in this case I don't see a problem. Once you ship it, it's up to the FFL to do whatever with the mags. Or just keep the mags IDK.

 

[lazarus]

Every gun I've bought on gun broker has gone through an FFL. So in this case I don't see a problem. Once you ship it, it's up to the FFL to do whatever with the mags. Or just keep the mags IDK.

But the point is the law specifically says

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.

If YOU are putting it on gun broker, you are offering it for sale. Are you going to get caught? Probably not. The law doesn't say "well you can offer to sell it out of the state".

You can't offer to sell it if you are in Maryland. Period.

You can buy a firearm with a high capacity magazine if you are in Maryland, because that magazine can't be handed to you until modified by an FFL to only hold 10 or less rounds. Probably buying high capacity magazines even to have them shipped to an FFL and modified to only hold 10 rounds might run afoul of the letter of the law.

I don't see a prosecutor or police going after someone on this, even if they became aware of it. But looking at the law, it violates at least the letter of it (putting the magazines up on gun broker to sell out of state and possibly even buying a gun that includes them, even if an FFL will modify them. You bought them when they were high capacity).

That is full stupid, but also the reason why some places flat out will not sell magazines to Marylanders, even if they are going to receive them out of state, or an FFL will modify the magazines or in the case of a couple big box stores, will not sell the gun to a Marylander even with the magazine REMOVED.

 

[Racinready300ex-2]

But the point is the law specifically says

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.

If YOU are putting it on gun broker, you are offering it for sale. Are you going to get caught? Probably not. The law doesn't say "well you can offer to sell it out of the state".

You can't offer to sell it if you are in Maryland. Period.

You can buy a firearm with a high capacity magazine if you are in Maryland, because that magazine can't be handed to you until modified by an FFL to only hold 10 or less rounds. Probably buying high capacity magazines even to have them shipped to an FFL and modified to only hold 10 rounds might run afoul of the letter of the law.

I don't see a prosecutor or police going after someone on this, even if they became aware of it. But looking at the law, it violates at least the letter of it (putting the magazines up on gun broker to sell out of state and possibly even buying a gun that includes them, even if an FFL will modify them. You bought them when they were high capacity).

That is full stupid, but also the reason why some places flat out will not sell magazines to Marylanders, even if they are going to receive them out of state, or an FFL will modify the magazines or in the case of a couple big box stores, will not sell the gun to a Marylander even with the magazine REMOVED.

So hypothetically, could you drive over the state line and use your phone to list the item for sale on GB then ship from a out of state post office?

 

[Bountied]

Just keep the mag. Or modify the mag to only hold 10 rounds? I don't know. Don't really care. Ask an FFL.

 

[Racinready300ex-2]

Just keep the mag. Or modify the mag to only hold 10 rounds? I don't know. Don't really care. Ask an FFL.

For someone who doesn't care you have a lot to say on the subject.

 

[Bountied]

For someone who doesn't care you have a lot to say on the subject.

I have no vested interest in the situation. I was trying to be helpfulish. If no one cares or thinks my input was helpful oh well. ZFG

 

[erwos]

You cannot legally list a high cap for sale while you are within the state of MD. Full stop.

 

[lazarus]

So hypothetically, could you drive over the state line and use your phone to list the item for sale on GB then ship from a out of state post office?

Yes you should be able to. Some guys do that (drive out of state) when they order said mags to be shipped to them to an out of state of PO Box or address. Some guys don’t bother to go to that level. I haven’t heard of anyone getting prosecuted doing either. Probably because they don’t care to go to that level of scrutiny and seeking warrants.

I’d frankly find it interesting if the AG or DAG would stoop to the level of getting warrants to prove someone was standing in Maryland when they purchased high capacity magazines that were purchased from an out of state vendor and shipped to an out of state location and possession of them was taken out of state.

Nothing illegal about you bringing your magazines in to the state. Possession isn’t a crime.

Legally where is the nexus of purchase? Is it where you are standing? Or where the merchant is located? Or where the money actually change hands?

My credit card company is incorporate in Delaware. Not sure where their data center is or Visas. Probably not in Maryland. My bank account I use to pay my credit card bill has branches in my state, but the bank isn’t incorporate in Maryland and the account was opened in a different state also.

Anyway, IMHO I think there is more of an argument if you are located in Maryland and offering to sell it out of state that is more of an argument that you are offering it for sale, which you can’t do under the law. It doesn’t say “offer for sale for purchase in Maryland”. Less of an argument that you couldn’t order >10 round mags online and have them shipped not to Maryland and take possession of them not in Maryland as violating the “purchase” prohibition in the law.

Can armchair lawyer this a lot. It’s what people are comfortable with and the letter and then how an AG, police, judge or jury might interpret the law. To a degree you also get in to “would anyone ever find out”. Many people transport regulated firearms all the time and no one knows because they don’t flaunt it or do other stupid crap.

 

[My Toy]

Does the same theory that applies to a Maryland resident “offering” to sell a high capacity magazine to to an out of state resident being illegal under the letter of the law also apply to an MD resident listing an assault weapon ( as defined under the 2013 MD assault weapon ban) for sale to residents of another state? For instance the legality of an MD resident listing a legally grandfathered assault weapon for sale on a forum not specific to Maryland for sale to non-Maryland residents?

 

[Docster]

Does the same theory that applies to a Maryland resident “offering” to sell a high capacity magazine to to an out of state resident being illegal under the letter of the law also apply to an MD resident listing an assault weapon ( as defined under the 2013 MD assault weapon ban) for sale to residents of another state? For instance the legality of an MD resident listing a legally grandfathered assault weapon for sale on a forum not specific to Maryland for sale to non-Maryland residents?

Great way to move the entire thread off it's original subject

 

[ChannelCat]

Transferring a standard capacity mag in Maryland is a no go thanks to the Maryland Politburo. The Kremlin on the Severn has no say what goes on in, say, Virginia or Pennsylvania.

 

[seawalker]

I actually was just researching the same question and thinking Gunbroker might be a good way to handle the standard mags. It sounds like a gray area, and I’m just going to let the out of state FFL handle it Lol

 

[My Toy]

Great way to move the entire thread off it's original subject

Wasn't trying to highjack the thread; seemed related when discussing what Marylanders can do with a banned implement that uses high cap (standard cap) magazines as far as being able to offer them for sale.

 

[lazarus]

Wasn't trying to highjack the thread; seemed related when discussing what Marylanders can do with a banned implement that uses high cap (standard cap) magazines as far as being able to offer them for sale.

Per the other thread on it, both are probably grey areas. I think a strong argument could be made that you are "offering it for sale" in Maryland, even if you are not selling to to someone in Maryland. You put it up for sale and you reside in Maryland and posted it for sale while you are in Maryland.

I think a successful prosecution would be hard and unlikely a DA would bring a case.

I don't want to be the poster child. It is perfectly legal for an FFL to offer it for sale to an out of state resident (or Maryland Law Enforcement officer). I'd either sell it literally while out of state, or ask an FFL to sell it off.

 

[rseymorejr]

It's situations like this that make people stop caring about chickenshit laws and the A holes that pass them.

 

[Steel Hunter]

You cannot legally list a high cap for sale while you are within the state of MD. Full stop.

*Standard capacity. None of this fud nonsense. High capacity starts at drum mags or full ammo cans with belts.

If gun owners refer to standard as high capacity, it only hurts the cause for getting rights back. Words do matter, especially to the uninformed voters.

 

[lazarus]

*Standard capacity. None of this fud nonsense. High capacity starts at drum mags or full ammo cans with belts.

If gun owners refer to standard as high capacity, it only hurts the cause for getting rights back. Words do matter, especially to the uninformed voters.

Sure I guess. Is a 30 round high capacity for an AR, because 20 was what was standard when it was developed?

Getting pedantic on this one I don’t think helps. Maryland considers anything over 10 rounds high capacity.