Sorry to Ask Again but FREAKING out

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  • Blacksmith101

    Grumpy Old Man
    Jun 22, 2012
    22,301
    But in June of 2013 he was worried about it being larger than a 20 round magazine and now he is worried because it is larger than a 10 round magazine. I guess that makes it twice as bad now.
     

    DaemonAssassin

    Why should we Free BSD?
    Jun 14, 2012
    24,000
    Political refugee in WV
    And here I was, just hoping for some decent pizza at home. I get b****ed at for "dissecting" my lasagna, when I eat it. Yea the wifey is part Italian. She wants me to meet her family up in Jersey. I told her if they come to MD, I'll meet them, but there is no way in hell, that I'll willingly go into Jersey.
     

    Threeband

    The M1 Does My Talking
    Dec 30, 2006
    25,338
    Carroll County
    But in June of 2013 he was worried about it being larger than a 20 round magazine and now he is worried because it is larger than a 10 round magazine. I guess that makes it twice as bad now.



    Six years on the chain gang, instead of three.



    ... She wants me to meet her family up in Jersey. I told her if they come to MD, I'll meet them, but there is no way in hell, that I'll willingly go into Jersey.


    A man's got to know where to draw the Line.


    TAU9085.jpg
     

    ShallNotInfringe

    Lil Firecracker
    Feb 17, 2013
    8,554
    All that applies to "in the state of Maryland" So if you were not in the state of MD when the Magazine was transferred to you then you are fine. Then everything is ok because the one word that is lacking from that line is possession. which means that you can possess a magazine > 10 in MD.

    I would challenge you to reconsider this line of thinking to that being the only reasonable part of MD firearm laws?
     

    casualmadness

    Man about town
    Jun 4, 2012
    2,227
    VA
    The fact that this thread has gone on for eight pages is a perfect example of why gun owners need to avoid Maryland if at all possible.

    Glad I'm in Manassas looking at houses today.
     

    GBMaryland

    Active Member
    Feb 23, 2008
    954
    MoCo
    NO problem going out of state, buying, and bringing back in again. :thumbsup:

    Prior to SB281, you went to get 30 rounders as you couldn't get > 20 rounders in state. Now it's the same except you can't get > 10 rounders.

    I type amazingly slowly. :D

    While I don't disagree with any of you guys, I thought the MSP was telling dealers that they could not knowingly send a magazine to another FFL in another State where you can legally pick them up / own them?

    I had an FFL tell me that the MSP warned them not to do that. (I'd like to keep that FFL's name to myself...)

    On another note:

    Transfer.... Does transfer mean permanent or temporary (you hand a >10 round mag to someone at the range to use under your supervision) ... or both?
     
    Last edited:

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    While I don't disagree with any of you guys, I thought the MSP was telling dealers that they could not knowingly send a magazine to another FFL in another State where you can legally pick them up / own them?

    I had an FFL tell me that the MSP warned them not to do that. (I'd like to keep that FFL's name to myself...)

    On another note:

    Transfer.... Does transfer mean permanent or temporary (you hand a >10 round mag to someone at the range to use under your supervision) ... or both?

    If you pay the dealer for the magazine here, and they ship it out of state, the PURCHASE occurred in MD (illegal) but the TRANSFER occurred out of state (legal).

    If there was no PURCHASE of the magazine, I can't see where this would be illegal.

    If you are paranoid or just VERY careful, have the FFL send it to a friend. Just give it to your out of state friend, NOT for your friend to receive FOR you.

    Also, MSP has told people things that are not exactly what the law says.
     

    Whiskey

    Active Member
    Sep 28, 2012
    612
    Crownsville, MD
    While I don't disagree with any of you guys, I thought the MSP was telling dealers that they could not knowingly send a magazine to another FFL in another State where you can legally pick them up / own them?

    I had an FFL tell me that the MSP warned them not to do that. (I'd like to keep that FFL's name to myself...)

    On another note:

    Transfer.... Does transfer mean permanent or temporary (you hand a >10 round mag to someone at the range to use under your supervision) ... or both?

    I asked for clarification of the term transfer and the term rent as it is defined in SB281. The AG office, through Senator Reilly's office (I'm Paraphrasing) defined transfer as a permanent exchange (goods for $) and rent as the temporary transfer of a firearm for use in a manner not otherwise prescribed (use off site and without supervision). Does not cover renting a gun at a range for use on premises, or for the specific reason I asked, permitting a student to use my handgun for HQL live fire qualification or for Simunition training at my facility; rather renting a gun to take with you for your weekend shoot (I don't know who does that?). Temporary exchange of a magazine in exchange for a handshake and a smile for use at that time and place does not meet that AG definition of transfer.

    Transfer takes place, where it happens. Maryland cannot regulate your conduct in Virginia (PA, WV, etc.) possession and transportation are not mentioned in the law or regulation.

    Besides, aren't there people committing actual crimes that these people should be pursuing?
     

    Amf_otb

    Member
    May 30, 2012
    60
    If you pay the dealer for the magazine here, and they ship it out of state, the PURCHASE occurred in MD (illegal) but the TRANSFER occurred out of state (legal).

    If there was no PURCHASE of the magazine, I can't see where this would be illegal.

    If you are paranoid or just VERY careful, have the FFL send it to a friend. Just give it to your out of state friend, NOT for your friend to receive FOR you.

    Also, MSP has told people things that are not exactly what the law says.


    With the key word being "purchase" what is the legality of legitimately giving them away to an instate resident?


    Sent from my iPhone using Tapatalk
     

    esqappellate

    President, MSI
    Feb 12, 2012
    7,408
    You're fine. Legal to posses, legal to buy out of state and bring back.

    Have a beer and smile :)

    I never give legal advice on these forma, but if I did I would wholeheartedly agree: It is quite legal to buy a 30 round mag out of MD and bring it back to the MD. Thus, far, the writ of the MD legislature does not extend to transfers taking place outside of MD and SB 281 did not purport to ban possession in MD or transport into MD.
     

    MrNiceGuy

    Active Member
    Dec 9, 2013
    270
    Thus, far, the writ of the MD legislature does not extend to transfers taking place outside of MD and SB 281 did not purport to ban possession in MD or transport into MD.

    Thus far. Fedgov set some dangerous precedents around prosecuting people for things done in other jurisdictions. I can't imagine Maryland, California, New Jersey, and one or two others not trying it at some point.

    And at the rate the courts move, you'll sit in prison for half a dozen years waiting to see whether it sticks.
     

    Brooklyn

    I stand with John Locke.
    Jan 20, 2013
    13,095
    Plan D? Not worth the hassle.
    Thus far. Fedgov set some dangerous precedents around prosecuting people for things done in other jurisdictions. I can't imagine Maryland, California, New Jersey, and one or two others not trying it at some point.

    And at the rate the courts move, you'll sit in prison for half a dozen years waiting to see whether it sticks.

    Cite them please.
     

    JamesH

    That Guy
    Oct 11, 2014
    748
    Laurel, MD
    Transfer.... Does transfer mean permanent or temporary (you hand a >10 round mag to someone at the range to use under your supervision) ... or both?

    Transfer was decided by the courts to mean permanently, not a temporary loan.

    Considering that I've had multiple FFLs rent me a gun (for use on-premises) with a 17-round magazine, I certainly hope it's legal!
     

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