Selling 20 round mags

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  • ras_oscar

    Ultimate Member
    Apr 23, 2014
    1,666
    ok, here's a different twist. Say I have handguns with mags larger than 10 that I acquired legally. I die. I have willed the firearms to an heir. Can the heir receive the inheritance with the full cap mags or do they need to go out of state and transfer the mags? if so, transfer from whom?
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,394
    Westminster USA
    IANAL, but IIRC the law says sale, manufacture or transfer. It doesn't say anything that would prohibit inheritance IMO. If it isn't prohibited, then it's allowed.

    If in doubt, get legal advice from an attorney. The advice here is worth what you paid for it.

    My .02.
     

    rob-cubed

    In need of moderation
    Sep 24, 2009
    5,387
    Holding the line in Baltimore
    Someone needs to push the system. If a now-banned rifle can be inherited, how can a now-banned 10+ round magazine inheritance be considered an illegal transfer? Is it the magazine or rifle that is dangerous? Maybe the shooter?

    However, I'm afraid Brooklyn is probably right and the answer is simply no. They carved out an exception clause for gun inheritance, but not for magazines.

    Of course, you can always drive over the border to the "Free States" of PA or VA and take possession of said magazines.
     

    WeaponsCollector

    EXTREME GUN OWNER
    Mar 30, 2009
    12,120
    Southern MD
    I'm obviously no lawyer but worrying about such unenforceable and senseless infringements is more likely than not a big waste of time unless you are trying to sell standard capacity magazines at a gun show or other public place.
     
    Feb 28, 2013
    28,953
    I'm obviously no lawyer but worrying about such unenforceable and senseless infringements is more likely than not a big waste of time unless you are trying to sell standard capacity magazines at a gun show or other public place.

    Yeah, it ain't like the damn things are serialized.
     

    Blacksmith101

    Grumpy Old Man
    Jun 22, 2012
    22,163
    In todays paper there is a classified ad wanting to sell .45 and 9mm magazines. It does not say what capacity.

    There are probably a lot of people in this state who don't know what they are doing is illegal.
     

    Brooklyn

    I stand with John Locke.
    Jan 20, 2013
    13,095
    Plan D? Not worth the hassle.
    Someone needs to push the system. If a now-banned rifle can be inherited, how can a now-banned 10+ round magazine inheritance be considered an illegal transfer? Is it the magazine or rifle that is dangerous? Maybe the shooter?

    However, I'm afraid Brooklyn is probably right and the answer is simply no. They carved out an exception clause for gun inheritance, but not for magazines.

    Of course, you can always drive over the border to the "Free States" of PA or VA and take possession of said magazines.

    An inheritance is still a transfer. Just like the pistol magazines. Just conduct the transfer entirely out of state. No need to get cute. We have real issues to fight. And court is not cheap.
     

    MrNiceGuy

    Active Member
    Dec 9, 2013
    270
    And couldn't care less....

    Not in every case. I inform a lot of people who aren't big into guns (but still believe in gun rights and the right of self defense in general) about how crazy Maryland laws are. They're often shocked, amused, horrified, confused, and any number of other reactions. Outside of the community of Maryland gun owners who actually pay attention to this stuff, the insanity of Maryland's gun laws isn't actually well known, even among those who do care somewhat (though obviously not enough to go hunting down those laws).

    From my experience, there's a whole host of Marylanders out there who actually would side with us on a number of issues if they understood the laws here and how they're implemented. For instance, most seem quite surprised that there's not any clear provision allowing someone to take a handgun to their friend's house or that you can't stop by and pick them up on the way to the range while transporting a handgun. Most find stuff like that ridiculous. Step 2 is getting them to vote appropriately to end the insanity.

    Code:
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,394
    Westminster USA
    There is nothing in the MD handgun transport statute 4-203 that prohibits stopping while enganged in an allowed activity.

    I see a lot of posts here regarding this but nothing prohibits a stop. Some states' laws prohibit it but not MD.
     

    j_h_smith

    Ultimate Member
    Jul 28, 2007
    28,516
    Can I sell a mag that I use for my 50 Beowulf in Maryland? It will hold 10 rounds of 50 Beowulf ammo. It does NOT have a Beowulf bottom plate, but it was bought as a 10 round mag for my Beowulf.

    Jim Smith
     

    rob-cubed

    In need of moderation
    Sep 24, 2009
    5,387
    Holding the line in Baltimore
    An inheritance is still a transfer. Just like the pistol magazines. Just conduct the transfer entirely out of state. No need to get cute. We have real issues to fight. And court is not cheap.

    Not trying to be cute, just honest. Some reading this thread will not realize that they could have their ability to own ANY firearms in MD denied by making an honest mistake and assuming the mags can transfer with the firearm. Especially given the legal quagmire with inheritance of now-banned rifles and their probable accessories, which were all legally owned at one point.

    Sure, we can't afford to litigate on common sense given the other battles we face in this state, but I also don't want anyone else to be litigated against for exercising common sense.
     

    ras_oscar

    Ultimate Member
    Apr 23, 2014
    1,666
    Someone needs to push the system. If a now-banned rifle can be inherited, how can a now-banned 10+ round magazine inheritance be considered an illegal transfer? Is it the magazine or rifle that is dangerous? Maybe the shooter?

    However, I'm afraid Brooklyn is probably right and the answer is simply no. They carved out an exception clause for gun inheritance, but not for magazines.

    Of course, you can always drive over the border to the "Free States" of PA or VA and take possession of said magazines.

    I fully understand the difference between what is legal and what is able to be regulated. When it comes to firearms in my will I need to be sure I include the appropriate language to be clear what is and is not being willed. For my further education; when my heir receives my firearms, do they just stop by and pick them up or must they be transferreed through an FFL/MSP process? I'm thinking perhaps if a transfer is required, I do it earlier as a transaction apart from my demise and avoid the whole inheritence thing, once they are old enough to get a FFL.
     

    rickyp

    Ultimate Member
    Sep 13, 2009
    2,048
    in previous post it is stated that an FFL is exempt from the magazine restrictions and can receive and ship magazines over 10 rounds and I have been told by number of dealers the same thing that they can shit the magazines from md to out of state address.

    Could someone show me where this is in writing and if there is a center FFL needed? I hold a C&R license and it is a FFl but only restricted to C&R guns. At the very top of it is printed " Federal Firearms licence (18 usc chapter44)"

    So if it only stated an FFL with out any further restrictions on it , Then an C&R FFl holder should be able to receive or ship magazines from MD.
     

    plinkerton

    Ultimate Member
    Dec 30, 2012
    1,441
    Abingdon
    Find a MD resident who wants them (but don't offer them for sale) then the both of you drive to the closest border, step over the line you hand him the mags and he hands you the money. You both step back over the line with your new possessions and you are good to go, perfectly legal. Don't forget to send Governor OweMalley the Maryland sales tax for the value of goods bought out of state.:lol:

    Technically at that point it is the "Use" part of the "Sales and Use Tax".
     

    Brooklyn

    I stand with John Locke.
    Jan 20, 2013
    13,095
    Plan D? Not worth the hassle.
    Not trying to be cute, just honest. Some reading this thread will not realize that they could have their ability to own ANY firearms in MD denied by making an honest mistake and assuming the mags can transfer with the firearm. Especially given the legal quagmire with inheritance of now-banned rifles and their probable accessories, which were all legally owned at one point.

    Sure, we can't afford to litigate on common sense given the other battles we face in this state, but I also don't want anyone else to be litigated against for exercising common sense.


    Right stay on the safe side. While the legal answer may of may not be flat "no" the practical and safe answer is.

    I think its good to bring it up. But always play it safe..
     

    rob-cubed

    In need of moderation
    Sep 24, 2009
    5,387
    Holding the line in Baltimore
    in previous post it is stated that an FFL is exempt from the magazine restrictions and can receive and ship magazines over 10 rounds... Could someone show me where this is in writing and if there is a center FFL needed? I hold a C&R license and it is a FFl

    I don't think it is stated in writing anywhere in COMAR. My understanding is that since FFLs are federally licensed, they are therefore allowed to deal in banned arms and magazines as long as they comply with local laws and don't sell to residents. Your FFL03 is a much more restrictive license than an FFL07 so the same exemption would be difficult to argue as you aren't in the business of selling for a living.

    For my further education; when my heir receives my firearms, do they just stop by and pick them up or must they be transferreed through an FFL/MSP process? I'm thinking perhaps if a transfer is required, I do it earlier as a transaction apart from my demise and avoid the whole inheritence thing

    Yes, to inherit a handgun or now-banned long arm they would have to fill out Maryland's 77r paperwork and clear a background check. If a handgun, they would need to obtain an HQL first. You can will it to them at any point during your life, though they can't take possession until turning 21 and clearing paperwork:
    http://www.dsd.state.md.us/comar/getfile.aspx?file=29.03.01.10.htm

    Given the potential legal limbo issues of what happens to your regulated firearms after you die, it's a great idea to distribute them prior. Buffalo, NY has recently tried seizing "illegal" unwilled hand guns immediately after their owners death.
     

    Bald Fat Guy

    Active Member
    Oct 7, 2014
    418
    The fly in the ointment of giving away firearms ahead of time , is that for the now Banned firearms , YOU have to be dead first.
     

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