Man Charged with" receiving a mag with 20 + capacity"...?

[Sthomas229]

I have no magazine kits....they all fell off the boat on that fatefull day on the Chesapeake Bay.

Wasn't that in Annapolis a couple of weeks ago? That's how a bunch of us ended up walking around with empty holsters

 

[CharlieFoxtrot]

I have now actually seen the charging document. The guy was charged by the MSP and the charging language was handwritten in by the Trooper. (not something generated by the commissioner). He is charged with "receiving" a large capacity magazine. Unrelated to the incident that brought them there the MSP found an "SKS" magazine with 52 rounds in it elsewhere in the house. Total capacity was not specified. Offense date is the same as the other crimes so he recieved it that day? Makes no sense. IMO this charge has no traction and will go away.

 

[Karl/PA]

None of the firearms charges are illegal up here.

 

[Norton]

I have now actually seen the charging document. The guy was charged by the MSP and the charging language was handwritten in by the Trooper. (not something generated by the commissioner). He is charged with "receiving" a large capacity magazine. Unrelated to the incident that brought them there the MSP found an "SKS" magazine with 52 rounds in it elsewhere in the house. Total capacity was not specified. Offense date is the same as the other crimes so he recieved it that day? Makes no sense. IMO this charge has no traction and will go away.

Is that to imply that they believe that the transfer within the state of MD? Or, is it that they are making the rules up as they go once again and interpreting possession as being "receiving"?

 

[duckslayer]

IS it legal to possess 30 round magazines for SKS mini 30 etc.

 

[Half-cocked]

Looks like it's in the system:

http://casesearch.courts.state.md.u...l.jis?caseId=2S00046552&loc=37&detailLoc=DSCR

http://casesearch.courts.state.md.u...il.jis?caseId=06C09054079&loc=61&detailLoc=CC

 

[Norton]

IS it legal to possess 30 round magazines for SKS mini 30 etc.

Yes. The letter of the law does not prohibit possession but the AG and MSP have been known in other matters to simply make law up as they go along and apply the language how they see fit rather than observing what it actually says.

 

[K-Romulus]

Is that to imply that they believe that the transfer within the state of MD? Or, is it that they are making the rules up as they go once again and interpreting possession as being "receiving"?

I can see the following reasoning by the SA:

He possesses it in MD, so ipso facto he must have "received" it in-state. It is up to the defendant to *prove* otherwise.

When the prosecution fails, expect to see a "magazine loophole closure" bill next spring.

 

[duckslayer]

So I cant Give Sell or buy a 30 rnd mag

 

[boricuamaximus]

screw an ipso facto. This means we need to keep all of our receipts from when we make mag purchases out of state. Also, I dont see why the defendant needs to prove that he purchased it elsewhere. That's up the the DA to prove that he attained the mags in state.

 

[K-Romulus]

So I cant Give Sell or buy a 30 rnd mag

At least while you are within the state of Maryland you can't . . . .

 

[novus collectus]

screw an ipso facto. This means we need to keep all of our receipts from when we make mag purchases out of state?

No, it is up to the state to prove that it was purchased within the state or recieved within the state, and that it wasn't recieved in the state or purchased within the state before it was illegal to do so.
The burden of proof is on the state and as I understand it if they arrest people knowing they have no reasonable evidence a crime was committed or repeatedly cannot prove a crime was commited in acquiring possession of the mag, then they will be faced with false arrest lawsuits galore.

Having a receipt would help prevent them from even trying though.

 

[novus collectus]

So I cant Give Sell or buy a 30 rnd mag

I think you can only bequeath to someone or recieve due to an inheritance a greater than 20 round mag within the state. As K-Romulus stated, you cannot give buy or sell within state lines.

 

[duckslayer]

Next question is there any truth to the list your firearms on your tax returns email?

 

[Norton]

Next question is there any truth to the list your firearms on your tax returns email?

No....

we addressed it in this week's MSI Update

http://www.mdshooters.com/showthread.php?t=23268

 

[fightinbluhen51]

I can see the following reasoning by the SA:


When the prosecution fails, expect to see a "magazine loophole closure" bill next spring.

He possesses it in MD, so ipso facto he must have "received" it in-state. It is up to the defendant to *prove* otherwise.

AHHHHHHHHHHHH, last I checked, the burden of proof is on the DA in a criminal case. This isn't civil court where you'd only need a preponderance of evidence.

 

[K-Romulus]

AHHHHHHHHHHHH, last I checked, the burden of proof is on the DA in a criminal case. This isn't civil court where you'd only need a preponderance of evidence.

That is true. But you only need "probable cause" to actually charge someone with a crime. That standard is somewhere around "preponderance" or "more likely than not."

I have no problem with speculating that an anti-gunowner (or just plain anti-domestic violence) Maryland prosecutor or LEO would use the suggested "ipso facto" magazine law test to charge someone with violating the law.

Plus, there may be more evidence we don't know about, as someone earlier mentioned.

 

[fightinbluhen51]

That is true. But you only need "probable cause" to actually charge someone with a crime. That standard is somewhere around "preponderance" or "more likely than not."

I have no problem with speculating that an anti-gunowner (or just plain anti-domestic violence) Maryland prosecutor or LEO would use the suggested "ipso facto" magazine law test to charge someone with violating the law.

Plus, there may be more evidence we don't know about, as someone earlier mentioned.

I don't disagree with anything, but if the statement of the DA is "prove it", well, Mr. DA, that's your job. Period!

It's a sad justice system when OJ can get off and yet a man's word on something this trivial is just not heeded. True, he's a criminal in other respects.

 

[240 towles]

can you mail a 30 rnd mag out of MD to yourseld or a friend?

 

[novus collectus]

can you mail a 30 rnd mag out of MD to yourseld or a friend?

If you mean can you while in MD mail or ship the mag to someone out of state, well if sent to someone else they might, rightly or wrongly, claim that is transfer while in MD because part of it occured in MD, but if you mail to yourself out of state that would not be a transfer.

(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 rounds of ammunition for a firearm.

I am not a lawyer.

Note, if it is part of an inheritance then the law about transfer does not apply.

§ 4-302.

This subtitle does not apply to:...


... (5) the receipt of an assault pistol or detachable magazine by inheritance if the decedent lawfully possessed the assault pistol; or

(6) the receipt of an assault pistol or detachable magazine by a personal representative of an estate for purposes of exercising the powers and duties of a personal representative of an estate.