Selling 20 round mags

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  • cm09578

    Active Member
    Apr 21, 2013
    102
    I live in MD, can I legally sell 20 round Mags on Gunbroker as long as I ship out of the state of MD? Thanks
     

    slybarman

    low speed high drag 9-5er
    Feb 10, 2013
    3,074
    My understanding is no. A Maryland resident cannot buy/sell a mag over 10 rounds from within Maryland. If you leave the state, then you could sell it. One could argue where the transaction actually occurs in doing what you propose, but I would not want to take that chance personally.
     

    cm09578

    Active Member
    Apr 21, 2013
    102
    Is it just FFLs that can sell them? I know of many FFLs that still sell them but they have to be transfered out of state....
     

    AssMan

    Meh...
    MDS Supporter
    Jan 27, 2011
    16,384
    Somewhere on the James River, VA
    Egads, Man! I know someone that is offering standard capacity mags right now, but for transfer out of MD. Better let him know it's illegal to sell these standard capacity magazines to someone in AZ, lest he be subject to 5 years imprisonment. :innocent0
     

    Docster

    Ultimate Member
    Jul 19, 2010
    9,773
    As the law is writen


    4–305. (b) A person may not manufacture, sell, offer for sale, purchase, receive, or transfer a detachable magazine that has a capacity of more than 10 rounds of ammunition for a firearm.

    How man times has this come up and this specific section of the law stated? A few dozen?
     

    cm09578

    Active Member
    Apr 21, 2013
    102
    You should rephrase your question. It isn't very clear.

    I have asked a few FFLs in Maryland what would happen if I were to buy a gun that came with a +10 round magazine. Their response was, "If you give me an out of state address I will transfer the magazines out of state" How is it legal for FFLs to do the sale and transfer, but not me in a private sale? Are the FFLs breaking the law?
     

    rob-cubed

    In need of moderation
    Sep 24, 2009
    5,387
    Holding the line in Baltimore
    how are FFLs selling them with guns then to people that live in MD. They sell us the gun with mag, and then transfer mag out of state....how is that legal?

    FFLs don't fall under the same restrictions as individuals. They can buy and sell any capacity mag, as long as it's not to a MD resident. Same with firearms, they can deal in banned rifles but only for sale out-of-state.
     

    cm09578

    Active Member
    Apr 21, 2013
    102
    FFLs don't fall under the same restrictions as individuals. They can buy and sell any capacity mag, as long as it's not to a MD resident. Same with firearms, they can deal in banned rifles but only for sale out-of-state.

    How can I, a Maryland resident "sell, or offer to sell" a +10 round mag to an out of state resident if I can't post the mags online in light of that being classified as "offer to sell"?:rolleyes: lol....these laws are crazy.

    If we own the mags now we just have to keep them all, or somehow leave the state and try to sell them?
     

    eruby

    Confederate Jew
    MDS Supporter
    How can I, a Maryland resident "sell, or offer to sell" a +10 round mag to an out of state resident if I can't post the mags online in light of that being classified as "offer to sell"?:rolleyes: lol....these laws are crazy.

    If we own the mags now we just have to keep them all, or somehow leave the state and try to sell them?
    Take them to an out-of-state gun show to sell.
     

    rob-cubed

    In need of moderation
    Sep 24, 2009
    5,387
    Holding the line in Baltimore
    If we own the mags now we just have to keep them all, or somehow leave the state and try to sell them?

    Wording definitely should have been amended to limit sales liability "...to another MD resident". It's been an issue of semantics for years now, all they did was change 20 to 10 in the new law.

    While it might be technically illegal to offer a magazine for sale while in MD, if sold to someone out-of-state who can legally own it... do you really think the MSP is going to care whether you posted it on an online auction site from a computer in MD? How could they prove you didn't post it for sale after driving over the border to PA? Since the server is in another state, is it even "offered for sale" in MD?

    My .02 is not to worry about it. Every couple of years someone gets busted for offering for sale to another MD resident, but to my knowledge no one has been prosecuted for selling out of state. Mags are easy enough to get rid of at a gun show over the border if you were concerned about the legality.
     

    cm09578

    Active Member
    Apr 21, 2013
    102
    Wording definitely should have been amended to limit sales liability "...to another MD resident". It's been an issue of semantics for years now, all they did was change 20 to 10 in the new law.

    While it might be technically illegal to offer a magazine for sale while in MD, if sold to someone out-of-state who can legally own it... do you really think the MSP is going to care whether you posted it on an online auction site from a computer in MD? How could they prove you didn't post it for sale after driving over the border to PA? Since the server is in another state, is it even "offered for sale" in MD?

    My .02 is not to worry about it. Every couple of years someone gets busted for offering for sale to another MD resident, but to my knowledge no one has been prosecuted for selling out of state. Mags are easy enough to get rid of at a gun show over the border if you were concerned about the legality.

    thanks!
     

    Blacksmith101

    Grumpy Old Man
    Jun 22, 2012
    22,252
    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:
     

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