10 round mags

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  • swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,489
    Westminster USA
    Disturbance in the force confirmed.

    One shine box delivered. {expedited}

    All is well

    Originally Posted by sports89man7
    does it look like I care. not in the least.

    Maybe next time you’ll care.

    Or not.
     

    k9guy

    Active Member
    Feb 12, 2011
    328
    It should also be noted that FFL's were advised by MSP that it is illegal for them to transfer any magazine that holds over 10 rounds out of state as well. That makes it tough on FFL's that have boxes of magazines that they can't sell or transfer out of state.
     

    DivingDriver

    Ultimate Member
    MDS Supporter
    Jan 14, 2016
    1,514
    Nanjemoy MD
    It should also be noted that FFL's were advised by MSP that it is illegal for them to transfer any magazine that holds over 10 rounds out of state as well. That makes it tough on FFL's that have boxes of magazines that they can't sell or transfer out of state.

    When did that come into play? They used to ship out of state with no issue.
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,489
    Westminster USA
    If an FFL can transfer a now banned AR to another state why could they not be able to transfer mags?

    Makes zero sense
     

    danb

    dont be a dumbass
    Feb 24, 2013
    22,704
    google is your friend, I am not.
    IIRC the MSP advice was that if a MD resident bought a pistol from a MD FFL, the MD FFL could no longer mail the magazine to someone out of state or a mailbox associated with the MD resident. So if you buy a pistol, the FFL can no longer mail the mag to your box in PA etc. using your self addressed stamped envelope. FFL can sell the mag to a third party out of state. Just not at buyers discretion. I forget the exact MSP lingo.

    I think we are probably mixing up what that advisory said.
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,489
    Westminster USA
    That’s a different situation than what was posted.

    Nothing prevents an FFL from selling a >10 round magazine out of state that is not part of a sale of a firearm that includes a magazine > 10 rounds.

    IANAL
     

    Mark75H

    MD Wear&Carry Instructor
    Industry Partner
    MDS Supporter
    Sep 25, 2011
    17,260
    Outside the Gates
    It should also be noted that FFL's were advised by MSP that it is illegal for them to transfer any magazine that holds over 10 rounds out of state as well. That makes it tough on FFL's that have boxes of magazines that they can't sell or transfer out of state.

    Kindly post a copy of said advisory
     

    jbrown50

    Ultimate Member
    Sep 18, 2014
    3,473
    DC
    If an FFL can transfer a now banned AR to another state why could they not be able to transfer mags?

    Makes zero sense

    I talked to a MD FFL about acquiring a M1A SOCOM 16 which ironically is legal in DC but not in MD. They told me that they could order and transfer it to me but couldn't do the same for a MD resident.

    Logic would say that they could do the same for me with a MD banned AR (or magazine) if it was legal in DC.
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,489
    Westminster USA
    Here is the advisory. If it is NOT part of a sale of as firearm it is perfectly legal according to MSP

    Seems a little gray even without the firearm but MSP stipulates only sale with a firearm in MD is illegal.

    IANAL but I don't know if MSP has the statutory authority to even issue this.

    I think sometimes they put these out and dare someone to challenge it.
    .
     

    Attachments

    • 10-16-2017+LD-FRU-17-010+High CapacityMags.pdf
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    danb

    dont be a dumbass
    Feb 24, 2013
    22,704
    google is your friend, I am not.
    They threaten the FFLs. The FFLs are going to comply because the legal fees would be astronomical and MSP could threaten their business license. ATF will go along with this as well.

    Its not exactly a dare, its a calculated risk.
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,489
    Westminster USA
    It's a dare from MSP

    The calculated risk is calculated by the FFL.

    Unfortunately MD FFL's are licensed by MSP ans well as BATFE.

    That's a big dare.
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,489
    Westminster USA
    I'd say yes it not part of a MD sale and not to a MD resident.

    An out of state FFL could also send to a MD resident as long as the receipt is not in MD.

    But IANAL
     

    danb

    dont be a dumbass
    Feb 24, 2013
    22,704
    google is your friend, I am not.
    OK, but could a ffl ship the mag to an out of state individual that would "purchase" from said ffl?

    yes, but if you the MD resident are directing it to a specific person for purchase, this would violate the spirit if not the letter of the advisory, so I doubt the FFL would take this risk. Too much like a straw purchase of a mag.

    Some FFLs have gunbroker or internet sales, including mag sales. Atlantic Firearms as one example, sells a lot of cool stuff to non-MD residents: https://www.atlanticfirearms.com/

    I may or may not have purchased a few of their MD legal things and they sell both MD legal (pinned/welded) mags and mags to out of state customers.
     

    Mark75H

    MD Wear&Carry Instructor
    Industry Partner
    MDS Supporter
    Sep 25, 2011
    17,260
    Outside the Gates
    Here is the advisory. If it is NOT part of a sale of as firearm it is perfectly legal according to MSP

    Seems a little gray even without the firearm but MSP stipulates only sale with a firearm in MD is illegal.

    IANAL but I don't know if MSP has the statutory authority to even issue this.

    I think sometimes they put these out and dare someone to challenge it.
    .

    can they be transferred to the firearm's purchaser at a location outside of Maryland?

    Interspecies marriage is not permitted, nor is interpretation outside of the original question.

    This advisory only applies to sales/transfers of magazines that came with a firearm to non-LEO in state MD purchasers. Nowhere does it say FFL's are stuck with them and may not sell them to LEO's or residents of other states.
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,489
    Westminster USA
    The purpose of the advisory was to prevent MD residents from circumventing the MD statute on mag capacity by a MD FFL shipping to a out of state FFL as part of an in state purchase of the firearm with a >10 magazine

    It is fairly narrow in scope.
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,489
    Westminster USA
    Interspecies marriage is not permitted, nor is interpretation outside of the original question.

    This advisory only applies to sales/transfers of magazines that came with a firearm to non-LEO in state MD purchasers. Nowhere does it say FFL's are stuck with them and may not sell them to LEO's or residents of other states.

    Exactly
     

    DivingDriver

    Ultimate Member
    MDS Supporter
    Jan 14, 2016
    1,514
    Nanjemoy MD
    So if I understand right the ffl could sell the mags that came with the gun to an out of state individual and ship them to said individual and still be in compliance with the law then.
     

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