Cabellas DE WILL NOT SELL 15-22..

Kman · Aug 23, 2014

$379.99 free shipping to DE or PA FFL

Smith & Wesson M&P15-22 22 LR Semi-Auto Rimfire Rifle with Threaded Barrel

plus transfer fee and keep the standard capacity mag

http://www.sportsmansoutdoorsuperst...esson-mp15-22-22lr-rifle-with-threaded-barrel

K.C.Dean · Aug 23, 2014

Brooklyn said:
Its a firearm.. the m&p 15-22. So yes...they need id.

I tought you were talking about the mags.

Evojoeix · Aug 23, 2014

They wouldnt sell to me either. I just asked to see what they would say. Pretty good price on the gun too

Wasnt a wasted trip. Picked up 200 rounds of PMC 223 and a few pmags on sale

pjd832 · Aug 23, 2014

newq said:
Because MD does not BAN POSSESSION. MD Bans the sale within its own borders. MD cannot regulate sales in other states if it does not forbid possession. They also have no law forbidding TRANSPORTING them into MD making it legal to purchase and transport back. It has been this way for many many many years now there is nothing new about the law other than limiting instate purchases to 10 rounds.

These dumb shits have no clue and if they don't know then they should ask instead of insisting they know. Look, its their store and their prerogative and if they don't want my money I will find someone who can interpret the law properly and spend there. I don't have the patience to drive out of my way to be turned around at the store because someone is uneducated or ignorant..

thank you...i had asked for a cite/link to the md law...as i was under the impression that it was "semi auto rifle with detachable mag not capable of holding more than 10 rounds" at point of purchase ......and some wording along the lines of possession of >10 rd mags not being a primary chargeable offense.....with no mention of state of purchase.....therefore...is it not simply a workaround as opposed to allowed by the LAW?......looking through all i can find is this.....which doesn't specify "in md"..but of course it is understood they cannot make laws for other states.....

(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.
4–306.
(a) A EXCEPT AS OTHERWISE PROVIDED IN THIS SUBTITLE, A person who violates this subtitle is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.........

nj for example ..mag limit for everyone other than leo etc is 15....regardless of where you buy it or when you bought it....or even visitors coming to ranges/events

Brooklyn · Aug 23, 2014

Kman said:
$379.99 free shipping to DE or PA FFL

Smith & Wesson M&P15-22 22 LR Semi-Auto Rimfire Rifle with Threaded Barrel

plus transfer fee and keep the standard capacity mag

http://www.sportsmansoutdoorsuperst...esson-mp15-22-22lr-rifle-with-threaded-barrel

Cool gas nets out the transfer fee but not all ffls are transfer friendly... looking for a good one now.. for pa. The days of $100 transfers are still with us....

Anyway now we know about Cabellas..

mcbruzdzinski · Aug 23, 2014

Try Tyler's for the transfer!

dan8480 · Aug 23, 2014

Try lighting up their Facebook/twitter pages... That usually gets answers, and warns might be buyers about their policies.

Devil Dog · Aug 24, 2014

This sounds like a law-school exam question.

Let's break this down.

Assuming that the magazine is a "part" of the weapon (as I was taught in the Corps) and not an accessory, then any firearm (including an otherwise-legal rimfire) WITH a detachable mag of > 10 rounds would indeed make that FIREARM (and not just the illegal magazine itself) illegal to purchase in Maryland.

And if it is illegal to purchase in Maryland an FFL can't sell it to a Maryland resident in another state, under federal law.

So, if that assumption is correct (and I admittedly have no idea how the ATF or Maryland classify a magazine that is in or comes with a weapon for sale), then the clerk was in fact correct in not selling an otherwise-legal rifle with a >10-round detachable magazine.

Now, the obvious work around here would be to sell the rifle to you without the mag and either sell the mag to you separately or give it to you for free (or not at all). But, since doing so is a violation of store policy, Maryland residents are out of luck.

So, allowing for that one assumption, the clerk wasn't as far off as we might think.

Paging Nate to get his legal analysis.

BeerHunter · Aug 24, 2014

Devil Dog, your assumption is incorrect and I suggest you re-read post #13. Although NAL, Mr. H knows of what he speaks on this issue.

Vile Shadow · Aug 24, 2014

BuzzardHunter said:
Devil Dog, your assumption is incorrect and I suggest you re-read post #13. Although NAL, Mr. H knows of what he speaks on this issue.

I would have to agree. The transfer of the evil mag wouldn't take place within MD borders, so MD law would not apply.

glock9mm · Aug 24, 2014

Sling Blade said:
I would have to agree. The transfer of the evil mag wouldn't take place within MD borders, so MD law would not apply.

I also agree with this.

moojersey · Aug 24, 2014

Meh ... never read a thread like this before :rolleyes:

Big corporate places like Cabela's...doesn't surprise me really...

Devil Dog · Aug 24, 2014

BuzzardHunter said:
Devil Dog, your assumption is incorrect and I suggest you re-read post #13. Although NAL, Mr. H knows of what he speaks on this issue.

I hope this is all being received in the manner in which it is intended: as a bit of a friendly bull session. I don't want to be starting any friggin' flame wars here.

Anyway, Post 13 only addresses the sale of the rifle and the transfer of the magazine as though they are separate components (and I mean no disrespect Mr. H!).

In the scenario I posited above it
Isn't the transfer of a MAGAZINE per se that is driving it.

The sale or transfer of the mag in another state would clearly be legal in another state. And the rifle is legal in Maryland.

The legal issue is the sale of a FIREARM that has a detachable magazine of > 10 rounds, IF (and again, I say IF) such detachable magazine is considered a PART of an otherwise-legal firearm.

Because a sale that included that part would be illegal in Maryland it isn't legal to sell to a Maryland resident in another state.

And to preempt a logical question: No, there is no specific provision in the statute that addresses this issue the way I've framed it.

Again, Cabellas could simply detach the mag from the sale of the rifle and transfer it separately (or not at all) and everything would be kosher.

But since they won't do that, MD residents are screwed here.

I wholeheartedly agree that that is asinine. But how different is that analysis from some of the other tortured thinking we've seen coming from MSP?

I wouldn't be surprised if that was the analysis Cabellas's lawyers applied. But then again, PSA and others did/do stupid $hit that has no basis in law, so it is certainly possible that no analysis was done when this policy was made.

I'd very much like our resident NFA/ATF/MD-gun-law-expert Nate to weigh in.

Jaybeez · Aug 25, 2014

odd.

nobody checks your drivers license when you buy a single pmag off the shelf there.

walk in. pick up mag. take to register.

Chevyman85 · Aug 25, 2014

Jaybeez said:
odd.

nobody checks your drivers license when you buy a single pmag off the shelf there.

walk in. pick up mag. take to register.

That's not the issue.

Brooklyn · Aug 25, 2014

In Cabellas case its simple... they apply the strongest law that might apply.. in this case NY and NJ law. Its low level clerks doing this... but they should be upfront. That its store policy and not the law.. also detachable magazines are not part of the gun.. I can ship magazines to a non licence holder not so a firearm even if non functional..

My problem with Cabellas is not the policy its the fact that they claim its the law and thus misinform folks.

Also the policy should be posted... for all to see...

embermage · Aug 25, 2014

I was up at that Cabelas this weekend and talked with them. It is the store policy not that it is illegal. They are worried about potential lawsuits from AGs from restricted states. As for selling you the rifle/pistol without the mags, corporate policy does not want the magazines laying around as inventory. They realize we can buy mags and take them back to MD.

Devil Dog · Aug 25, 2014

Brooklyn said:
also detachable magazines are not part of the gun.. I can ship magazines to a non licence holder not so a firearm even if non functional..

I'm not sure that is how a gun part is defined. I can mail many items from an AR to folks except the lower receiver - bbl, flash hider, upper, etc., and those are gun parts.

Devil Dog · Aug 25, 2014

embermage said:
I was up at that Cabelas this weekend and talked with them. It is the store policy not that it is illegal. They are worried about potential lawsuits from AGs from restricted states. As for selling you the rifle/pistol without the mags, corporate policy does not want the magazines laying around as inventory. They realize we can buy mags and take them back to MD.

That sucks.

Evojoeix · Aug 25, 2014

You would just think a big corporate company like that would be up on all the laws of the surrounding states so they can make a bigger profit.

I mean really, how hard is it for their lawyers to sit down and figure it out then send each store the proper guidelines and laws. This isn't some mom and pop firearms shop, this is a company that does 3+ billion in sales

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