Hypothetical question regarding magazines

Pinecone · Nov 21, 2014

One could make the case that even ordering them while in MD, either Internet or phone order, would be illegal, even if shipped to another state.

trickg · Nov 21, 2014

Pinecone said:
One could make the case that even ordering them while in MD, either Internet or phone order, would be illegal, even if shipped to another state.

One could certainly make that argument, but the argument is academic. It's like that question, if a tree falls in the in the woods and there is no one there to hear it, does it still make a sound?

Likewise, if a person orders 10+ round mags from Maryland and has them shipped to another state and there isn't a police officer around to witness it, is it really illegal? It's as illegal as violating the speed limit, but people do it each and every day without getting caught or prosecuted.

The maximum punishment is up to but not to exceed 3 years imprisonment and up to by not to exceed a $5000 fine, but I'm not going to hold my breath waiting for the first person to get caught and convicted.

The mags are legal, but trying to prove the how and where they were "transferred," especially given our rights to privacy under the 4th Amendment, as I've said before, unless there is an officer that actually witnesses it, or there is some kind of sting operation in place designed to catch those dastardly "high capacity" magazine pushers and users, it's just not going to happen.

rbird7282 · Nov 21, 2014

Pinecone said:
One could make the case that even ordering them while in MD, either Internet or phone order, would be illegal, even if shipped to another state.

And one could make the case that doing the same thing is perfectly legal considering that the actual financial transaction is taking place in the state of the vendor. Personally I have plenty of friends in Virginia so they just order what I need and have it shipped to their house so it's not an issue for me.
IANAL

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trickg · Nov 21, 2014

rbird7282 said:
And one could make the case that doing the same thing is perfectly legal considering that the actual financial transaction is taking place in the state of the vendor. Personally I have plenty of friends in Virginia so they just order what I need and have it shipped to their house so it's not an issue for me.
IANAL

First Class mail, privacy protected by the 4th Amendment of the Bill of Rights.

Pinecone · Nov 21, 2014

rbird7282 said:
And one could make the case that doing the same thing is perfectly legal considering that the actual financial transaction is taking place in the state of the vendor. Personally I have plenty of friends in Virginia so they just order what I need and have it shipped to their house so it's not an issue for me.
IANAL

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Same here, except use a WV resident. And we work in VA, so him giving them to me is fine also.

Pinecone · Nov 21, 2014

rbird7282 said:
And one could make the case that doing the same thing is perfectly legal considering that the actual financial transaction is taking place in the state of the vendor. Personally I have plenty of friends in Virginia so they just order what I need and have it shipped to their house so it's not an issue for me.
IANAL

Sent from my iPhone using Tapatalk

The BIG question is, do you want to pay the legal bills to make that point?

We are talking legal versus illegal, not can/will you get caught. And forum rules are to NOT tell people to do illegal things.

trickg · Nov 21, 2014

No one here is telling anyone to do anything. We're simply discussing the inanity of Maryland's magazine law, and the fact that it's hypothetically dead simple to circumvent, and extremely difficult to enforce if someone were to actively work to circumvent it...hypothetically, of course.

No one is suggesting that any of the actions we've discussed are not illegal. They are. We're merely saying that the law is so stupid that it shouldn't have been passed in the first place.

rbird7282 · Nov 21, 2014

Pinecone said:
The BIG question is, do you want to pay the legal bills to make that point?

We are talking legal versus illegal, not can/will you get caught. And forum rules are to NOT tell people to do illegal things.

I'm not TELLING anyone to do anything merely giving my opinion which this site is full of. I stated I'm not a lawyer, just giving my technical interpretation of buying magazines with regard to the law.

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Vile Shadow · Nov 21, 2014

trickg said:
No one here is telling anyone to do anything. We're simply discussing the inanity of Maryland's magazine law, and the fact that it's hypothetically dead simple to circumvent, and extremely difficult to enforce if someone were to actively work to circumvent it...hypothetically, of course.

No one is suggesting that any of the actions we've discussed are not illegal. They are. We're merely saying that the law is so stupid that it shouldn't have been passed in the first place.

I'm wondering now if because it was poorly thought out, or because the General Asylum actually WANTED to leave it with more holes than Swiss cheese so they could come back at a later date, probably after some incident, and "fix" it.

They're either very smart or very dumb.

ibanez320dx · Nov 24, 2014

Panzer Radeo said:
You know, I drive to delaware a lot to go fishing and never really thought to check out gun shops on the way. Any suggestions? I usually drive from the BWI area to Cape Henlopen.

I like X Ring Supply. They have a good assortment of mags for various firearms.

trickg · Nov 25, 2014

Sling Blade said:
I'm wondering now if because it was poorly thought out, or because the General Asylum actually WANTED to leave it with more holes than Swiss cheese so they could come back at a later date, probably after some incident, and "fix" it.

They're either very smart or very dumb.

I'd be willing to bet that it was a combination of being poorly thought out, and the fact that there would have been outrage, not to mention an enormous lack of compliance, if they outright banned anything larger than 10 rounds.

It is little more than "feel good" legislation. It gave an appearance that they did something while doing almost nothing at all.

JohnnyE · Nov 25, 2014

trickg said:
I'd be willing to bet that it was a combination of being poorly thought out, and the fact that there would have been outrage, not to mention an enormous lack of compliance, if they outright banned anything larger than 10 rounds.

It is little more than "feel good" legislation. It gave an appearance that they did something while doing almost nothing at all.

And THAT is what politics is about.

Rick3bears · Nov 25, 2014

One way

I own a firearms training business. (nuff said) One of my business partners lives in the beautiful Free Commonwealth of Virginny. I order and have shipped to him any mags that the Socialist Republic of Naryland prohibits. :party29:

bkuether · Nov 27, 2014

trickg said:
The mags are legal, but trying to prove the how and where they were "transferred," especially given our rights to privacy under the 4th Amendment, as I've said before, unless there is an officer that actually witnesses it, or there is some kind of sting operation in place designed to catch those dastardly "high capacity" magazine pushers and users, it's just not going to happen.

This ^^^^^ I have said this before. No one can prove if the mags you have in your car on the way to the range, were obtained legally by going out of state, or illegally by having someone ship them to you from out of state.

The same thing can be said for getting parts kits and assembling them in your basement. No one can prove it. Even if they pressed the issue and got a warrant to search for your credit card records, they cannot prove you didn't take a trip up to PA or VA to put them together. They will have tool marks either way.

I am not indicating you should do anything illegal, and am only replying based on the context of your questions.

Gryphon · Nov 28, 2014

Assuming your friends in Austin didn't know about or intend to break the law there is virtually nothing the Maryland authorities could do or would even try to do to them. Upon reciept, however, you would be obligated to immediately turn all your firearms over to me, and then call Frosh to proclaim your misdeed for unknowingly opening a package that contained contraband, so he could write an editorial in the Baltimore Sun taking credit for reducing crime. :mad54:

Vile Shadow · Nov 28, 2014

Gryphon said:
Assuming your friends in Austin didn't know about or intend to break the law there is virtually nothing the Maryland authorities could do or would even try to do to them. Upon reciept, however, you would be obligated to immediately turn all your firearms over to me, and then call Frosh to proclaim your misdeed for unknowingly opening a package that contained contraband, so he could write an editorial in the Baltimore Sun taking credit for reducing crime.

You don't have enough room in the safe. I, however, have another one on the way for just such an emergency. :innocent0

Hypothetical question regarding magazines

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