What is "unlawful possession of ammunition"?

OldGunner · Mar 14, 2015

I just read an article about some drug arrests where the perpetrators were charged with "multiple counts of unlawful possession of ammunition". All were 21 or older.

What does that mean and what if any ammunition laws does Maryland have?

danb · Mar 14, 2015

Link?

The only thing I can think of is armor piercing ammo.

Decoy · Mar 14, 2015

Convicted felons?

Sundazes · Mar 14, 2015

I think convicted felons are prohibited from possessing ammo. Where was this?

chevellenut71 · Mar 14, 2015

I think if you have a prior conviction, along with firearms you are not allowed to be in possession of ammunition as well. If hear. Makes sense thought. They don't want you to throw them at anyone.

Vile Shadow · Mar 14, 2015

Decoy said:
Convicted felons?

Sounds about right.

Prohibited from owning firearms probably also applies to ammunition.

ShallNotInfringe · Mar 14, 2015

OldGunner said:
I just read an article about some drug arrests where the perpetrators were charged with "multiple counts of unlawful possession of ammunition". All were 21 or older. What does that mean and what if any ammunition laws does Maryland have?

The fsa2013 added the following clause to the MD statute:

5–133.1.
(A) IN THIS SECTION, “AMMUNITION” MEANS A CARTRIDGE, SHELL, OR ANY OTHER DEVICE CONTAINING EXPLOSIVE OR INCENDIARY MATERIAL DESIGNED AND INTENDED FOR USE IN A FIREARM.
(B) A PERSON MAY NOT POSSESS AMMUNITION IF THE PERSON IS PROHIBITED FROM POSSESSING A REGULATED FIREARM UNDER § 5–133 (B) OR (C) OF THIS SUBTITLE.
(C) A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A MISDEMEANOR AND ON CONVICTION IS SUBJECT TO IMPRISONMENT NOT EXCEEDING 1 YEAR OR A FINE NOT EXCEEDING $1000 OR BOTH.

Rack&Roll · Mar 14, 2015

It was designed to catch the mofo's that toss a gun during a chase but might have some rounds in their pocket.

MasterTech1960 · Mar 14, 2015

It used to be if you were under 21, you could not buy or possess any ammo for a hand gun. Not sure if that is still the case.

dlmarion · Mar 14, 2015

Rack&Roll said:
It was designed to catch the mofo's that toss a gun during a chase but might have some rounds in their pocket.

DC Cop told me the same thing in regards to the DC laws about ammunition. Perp tosses the gun but they get him on the ammo.

brownspotz · Mar 14, 2015

its a "pile on" charge.

esqappellate · Mar 15, 2015

Sling Blade said:
Sounds about right.

Prohibited from owning firearms probably also applies to ammunition.

It does. 18 U.S.C. 922

MrNiceGuy · Mar 15, 2015

esqappellate said:
It does. 18 U.S.C. 922

Not to completely hijack the conversation, but that presents a major problem for medical or recreational marijuana users, regardless of whether anyone has charged or convicted them for use/possession and regardless of what their state law is on the subject, yes? They probably can't even reload their own ammo (let alone own a firearm in which to use it) thanks to Gonzales v. Raich.

Face · Mar 15, 2015

brownspotz said:
its a "pile on" charge.

This. Just like "intent"

pilotguy299 · Mar 15, 2015

MrNiceGuy said:
Not to completely hijack the conversation, but that presents a major problem for medical or recreational marijuana users, regardless of whether anyone has charged or convicted them for use/possession and regardless of what their state law is on the subject, yes? They probably can't even reload their own ammo (let alone own a firearm in which to use it) thanks to Gonzales v. Raich.

The only thing is that there may not be an offense under Title 21 USC for "use". I've seen it for possession, manufacturing, distribution, and sale. But doing a quick search I don't see an offense for "use". That might mean that the only "use" offenses are under state law. So if a state no longer criminalizes "use", how can they be an "unlawful user" if use isn't defined as a crime? Still an "unlawful possessor", but that isn't the prohibition under 18USC922.

esqappellate · Mar 15, 2015

MrNiceGuy said:
Not to completely hijack the conversation, but that presents a major problem for medical or recreational marijuana users, regardless of whether anyone has charged or convicted them for use/possession and regardless of what their state law is on the subject, yes? They probably can't even reload their own ammo (let alone own a firearm in which to use it) thanks to Gonzales v. Raich.

Yup, sure does. Marijuana possession remains a violation of federal law; state law is irrelevant.

esqappellate · Mar 15, 2015

pilotguy299 said:
The only thing is that there may not be an offense under Title 21 USC for "use". I've seen it for possession, manufacturing, distribution, and sale. But doing a quick search I don't see an offense for "use". That might mean that the only "use" offenses are under state law. So if a state no longer criminalizes "use", how can they be an "unlawful user" if use isn't defined as a crime? Still an "unlawful possessor", but that isn't the prohibition under 18USC922.

Your point is correct. Of course, you can't use it without possessing it. And it is a rare user that doesn't leave some of it around before and after. Short answer: If you want to legally possess guns. stay award completely from illegal drugs, including marijuana.

pilotguy299 · Mar 15, 2015

esqappellate said:
Your point is correct. Of course, you can't use it without possessing it. And it is a rare user that doesn't leave some of it around before and after. Short answer: If you want to legally possess guns. stay award completely from illegal drugs, including marijuana.

But it has to be a conviction for possession. Mere possession isn't listed disqualifying in 922g.

Not that I approve of use or possession. But I think the decriminalizing in a few states has opened a fuzzy area, as the use is no longer "unlawful" in that state, and I'm not sure there is a "use" crime under T21USC.

esqappellate · Mar 15, 2015

pilotguy299 said:
But it has to be a conviction for possession. Mere possession isn't listed disqualifying in 922g.

Not that I approve of use or possession. But I think the decriminalizing in a few states has opened a fuzzy area, as the use is no longer "unlawful" in that state, and I'm not sure there is a "use" crime under T21USC.

Sure. And a federal conviction will fully suffice. But you are quite right, the risk goes down a lot if the state has decrim. it under state law.

kenpo333 · Mar 15, 2015

Never knew that.

What is "unlawful possession of ammunition"?

The #1 community for Gun Owners of the Northeast

Member Benefits:

Member

dont be a dumbass

Ultimate Member

Throbbing Member

Ultimate Member

...

Lil Firecracker

R.I.P

Member

Active Member

Ultimate Member

President, MSI

Active Member

Active Member

Ultimate Member

President, MSI

President, MSI

Ultimate Member

President, MSI

Ultimate Member

Users who are viewing this thread

Log in

Forum statistics