Selling and Shipping Pistol Magazines over 10 rounds

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  • Straightshooter

    Ultimate Member
    Aug 28, 2010
    5,015
    Baltimore County
    Read the letter posted.

    AFAIK, it would depend on whether you were giving them to that unrelated person. Or, they were being shipped there for you to pick up later and bring back into the state.

    But bottom line is, if the FFL won't do it, it doesn't matter what YOU think the rules are.
    Exactly. The gun haters have difficulty interpreting or even seeing a single comma in the 2nd Amendment, so it's understandable that people on this forum trip all over the FIVE commas in that section of the law.

    Sent from my SM-G930V using Tapatalk
     

    BeoBill

    Crank in the Third Row
    MDS Supporter
    Oct 3, 2013
    27,058
    南馬里蘭州鮑伊
    It is a Maryland law. Pretty sure it would be in violation of the federal freedom of interstate commerce law if they prohibited sales to states where legal!

    It wouldn't be the first time the MSP ignored the ICC (it's a clause, not a law, AFAIK). I recall a letter to out of state FFLs cautioning them against selling "prohibited items" (like 10+ round mags) to MD residents a couple of years ago. They are completely rogue, like the AG. Both sorely need to be reformed.
     

    dist1646

    Ultimate Member
    May 1, 2012
    8,758
    Eldersburg
    It wouldn't be the first time the MSP ignored the ICC (it's a clause, not a law, AFAIK). I recall a letter to out of state FFLs cautioning them against selling "prohibited items" (like 10+ round mags) to MD residents a couple of years ago. They are completely rogue, like the AG. Both sorely need to be reformed.

    It is actually named The Interstate Commerce Act. Under the Act, only the federal government has the authority to regulate interstate commerce.
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    It is actually named The Interstate Commerce Act. Under the Act, only the federal government has the authority to regulate interstate commerce.

    And Acts are LAWS, passed by Congress and signed by the President.

    Affordable Care ACT

    Gun Control ACT

    Occupational Safety and Health ACT
     

    ras_oscar

    Ultimate Member
    Apr 23, 2014
    1,666
    And Acts are LAWS, passed by Congress and signed by the President.

    Affordable Care ACT

    Gun Control ACT

    Occupational Safety and Health ACT

    I believe the poster is referring to the Commerce clause of the constitution, which empowers the federal government to regulate trade with foreign powers, and between states. Remember, the constitution defines the powers granted to the Federal Government. Anything not enumerated as granted to the Federal Government is assigned to the states, or to the people. If the Federal Government were to pass a law stating that purchase of magazines in Maryland in excess of 10 rounds was legal, that law would be unconstitutional because the federal Government doesn't have the power to regulate trade within Maryland. Similarly, if Maryland were to pass a law stating that all Maryland residents are prohibited from purchasing magazines in excess of 10 rounds in any state, that would be unconstitutional because Maryland does not have the power to regulate trade in (for instance) Pennsylvania.

    To the OP: I had a similar dilemma. I own magazines that hold more than 10 rounds. They were all purchased legally, both before and after the 10 round limitation was enacted. I have gifted them to my heirs through a legal transfer of ownership that took place in Pennsylvania. I have recorded the date time and place in my will. If between now and the time of my death I choose to sell the associated firearms, only the Maryland compliant low capacity magazines would be sold with it.

    I am not a lawyer, nor have I consulted one when making this provision., It helps me worry less.
     

    dist1646

    Ultimate Member
    May 1, 2012
    8,758
    Eldersburg
    I believe the poster is referring to the Commerce clause of the constitution, which empowers the federal government to regulate trade with foreign powers, and between states. Remember, the constitution defines the powers granted to the Federal Government. Anything not enumerated as granted to the Federal Government is assigned to the states, or to the people. If the Federal Government were to pass a law stating that purchase of magazines in Maryland in excess of 10 rounds was legal, that law would be unconstitutional because the federal Government doesn't have the power to regulate trade within Maryland. Similarly, if Maryland were to pass a law stating that all Maryland residents are prohibited from purchasing magazines in excess of 10 rounds in any state, that would be unconstitutional because Maryland does not have the power to regulate trade in (for instance) Pennsylvania.

    To the OP: I had a similar dilemma. I own magazines that hold more than 10 rounds. They were all purchased legally, both before and after the 10 round limitation was enacted. I have gifted them to my heirs through a legal transfer of ownership that took place in Pennsylvania. I have recorded the date time and place in my will. If between now and the time of my death I choose to sell the associated firearms, only the Maryland compliant low capacity magazines would be sold with it.

    I am not a lawyer, nor have I consulted one when making this provision., It helps me worry less.

    I was referring to the Interstate Commerce Act of 1887 which was originally intended for railroad monopolies. It restricts regulation of interstate commerce to the federal government, removing any such authority from the states.
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    I was referring to the Interstate Commerce Act of 1887 which was originally intended for railroad monopolies. It restricts regulation of interstate commerce to the federal government, removing any such authority from the states.

    Act, as is Act of Congress, aka LAW.
     

    Biggfoot44

    Ultimate Member
    Aug 2, 2009
    32,877
    Interstate Commerce * Clause - In the Constitution , giving Federal G'ovt sole power to regulate IC .

    IA * Act * - various laws passed by US Congress dealing with IC

    IC* Commission* - Regulatory Agency created by USCongress to administer said laws mentioned above .
     

    putneyswope

    Dismember
    Aug 7, 2010
    585
    Maui, why don't you just disassemble the mags and place a dowel rod or some other object inside the spring between the follower and the floor plate to limit the travel of the follower? This would render the mags unable to hold more than ten rounds and thus be compliant with Maryland laws. Before the new owner could remove the dowels they'd have to go out of state.
     

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