Non-MD/Federal LE and mags +10 Capacity

NateIU10 · Oct 8, 2015

As most of us know, MSP has been forcing non-MD/Federal LE to get the HQL based on their reading of the HQL exemption:

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

MSP had been telling OOS LE that, although the OOS LE is is not exempt from the HQL, they are still eligible to receive magazines with a capacity of over ten rounds within the state. This has changed. This applies to MPDC, VA LE, etc.

The Magazine Capacity transfer restriction has an exemption for LE, but it reads the exact same as the HQL exemption.

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

Due to this, OOS LE purchasing in MD CANNOT receive a magazine with a capacity of greater than ten rounds.

Corporal Edwards with MSP has advised that:

The [OOS] officer residing in Maryland would not be exempt from an HQL and would not be allowed by law (Criminal Law 4-305 a2) to purchase high capacity magazines in Maryland. The police officer must be law enforcement of the United Sates (Federal), State or any law enforcement agency in the State.

Again, a completely stupid rule, but that's MSP's current position on the subject.

WeaponsCollector · Oct 8, 2015

"Completely Stupid" really says it all.

redeemed.man · Oct 8, 2015

WeaponsCollector said:
"Completely Stupid" really says it all.

Maybe stupid enough to lead to a repeal.

shootin the breeze · Oct 8, 2015

boundlessdyad said:
Maybe stupid enough to lead to a repeal.

Unfortunately probably not in the state that thrives on completely stupid.

thomfantomas · Oct 8, 2015

we're just 3rd class citizens in this state hah....

protegeV · Oct 8, 2015

thomfantomas said:
we're just 3rd class citizens in this state hah....

So are the police, apparently....

Doctor_M · Oct 8, 2015

Another turd blossom (pardon my crudeness).

swinokur · Oct 8, 2015

seen taking MSP licensing division staff to work in Pikesville.
.
.

erwos · Oct 8, 2015

swinokur said:
seen taking MSP licensing division staff to work in Pikesville.

I don't like the law, but the MSP's new interpretation is the correct one.

swinokur · Oct 8, 2015

their others still qualify for a ride on the bus.

Brooklyn · Oct 8, 2015

Actually thats what the law actually says.. the stupid is on the MGA.

basscat · Oct 8, 2015

Correct me if I'm wrong but the MSP is not to interpret the law but rather enforce it. Interpretation is up to the courts. Pure b.s. saying OOS prior LEO can't take > 10 mags in state. Where in the law is that stated?

Blaster229 · Oct 8, 2015

basscat said:
Correct me if I'm wrong but the MSP is not to interpret the law but rather enforce it. Interpretation is up to the courts. Pure b.s. saying OOS prior LEO can't take > 10 mags in state. Where in the law is that stated?

Prior? Define "Prior"? What length of time is prior? A year? How do you prove you were "prior"? Nobody gets "Prior Credentials".
Also in the LAW it states.....
"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"

THE state is not A or ANY state. "The State" would mean Maryland.

So, there you go.

basscat · Oct 8, 2015

Ok, I'll give you "the state" as Maryland but what about "the United States" ? You telling me that a retired LEO from Virgina doesn't fall into that category ?

Name Taken · Oct 8, 2015

basscat said:
Ok, I'll give you "the state" as Maryland but what about "the United States" ? You telling me that a retired LEO from Virgina doesn't fall into that category ?

it says agency of the United States indicating a federally operated agency.

NateIU10 · Oct 8, 2015

Name Taken said:
it says agency of the United States indicating a federally operated agency.

The issue is, the mag cap law has been written the same way (although changing from 20 to 10) since its inception and MSP always said OOS LE was fine.

Again, it's all unintended consequences when people that don't know guns write the laws, and people that don't know guns trying to interpret laws that don't make sense.

Name Taken · Oct 8, 2015

NateIU10 said:
The issue is, the mag cap law has been written the same way (although changing from 20 to 10) since its inception and MSP always said OOS LE was fine.

Again, it's all unintended consequences when people that don't know guns write the laws, and people that don't know guns trying to interpret laws that don't make sense.

Oh I'm not debating or encouraging the issue just trying to explain it to the poster...or at least explain how FFL's are going to be told to follow the law now.

pilotguy299 · Oct 8, 2015

Not surprised at the wording, or how it is being interpreted.

basscat · Oct 8, 2015

Name Taken said:
Oh I'm not debating or encouraging the issue just trying to explain it to the poster...or at least explain how FFL's are going to be told to follow the law now.

Would this be the same MSP that told the FFLs during the mad handgun rush that they had to wait till the "not disapproved" came back before they could release the gun? They were wrong then and their wrong now. Read the law as is. Don't interpret it as to what they meant.

k9guy · Oct 8, 2015

What about LE officers from DC??? Are they considered federal employees and are exempt?

Non-MD/Federal LE and mags +10 Capacity

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