what is legal definition of 'transfer' pertaining to mags?
- Thread starter rkutzner
- Start date
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annihilation-time
MOLON LABE
Transfer means that the magazine goes from one to another.
Possession is legal, so transfer the magazine out of state and bring it in.
Possession is legal, so transfer the magazine out of state and bring it in.
Mr H
Banana'd
Pretty much any form of taking possession of a complete functioning magazine while in the state.
Kits seem to be a grey area and I will not address that as I'm not sure if there is a consensus on that.
Antifeik
Active Member
- May 26, 2013
- 156
I would like to know if this is something illegal as i'm a new member and some say is illegal some say it is not. If a friend of mine that lives in VA buy the "high capacity magazines" them off the internet and give them to me or order them and i pay for them in cash after he receive them, i go down there pick them up, come back to MD. Will this be illegal? Will i be breaking any laws? Thanks in advance.
As long as your transaction is out of state, you are fine.
Remember, MD law stops at it's border.
Biggfoot44
Ultimate Member
- Aug 2, 2009
- 33,160
You can go get them from him in Va . He can not bring them to you in Md.
fabsroman
Ultimate Member
If you want the definition of transfer, then look at State v. Chow. It deals with what constitutes a TRANSFER of a handgun versus the loaning of one to a friend. However, I believe that the same analysis would be used to determine what transfer means for a mag.
http://caselaw.findlaw.com/md-court-of-appeals/1123356.html
http://caselaw.findlaw.com/md-court-of-appeals/1123356.html
abean4187
Ultimate Member
- Apr 16, 2013
- 1,327
As long as the transfer, purchase, etc takes place out of state you will be fine. Go to another state, buys the mags, and then come back with said mags. All 100% legal.
a copy of the Chow case attached.
Mr H
Banana'd
Nothing is changing in this regard, other than the magazine capacity.
fabsroman
Ultimate Member
Is my link to the Chow case not working?
As others have said, take possession of them out of state and bring them back with no issues.
As for gifting them, that would be illegal as well since you are transferring permanent possession, do that out of state as well.
Most seem to think, that receiving kits in state is fine, building them in state is not (manufacturing?). I tend to lean to the side of error and would agree.
Link is working. " Transfer is in an ownership context". Nothing about transporting across state lines.
Does seem to cover gifting and anything except YOU buying out of state and YOU bringing it back.
As a citizen who served and wants to keep the law this is satisfactory to me.
bpSchoch
Active Member
Also remember, if accused, say of transfer within the state, it's not up to you to prove that you did not (transfer), but it's up to the state to prove that you did. In law the burden of proof is always on the accuser. Also we have the 5th amendment that protects us from self incrimination so we are not required to provide anything. (I'm not stating this for people to break the law, but as a reminder of where your rights are if accused)
Seems to me this is an issue that doesn't even need to be brought up 
sent from somewhere in the world.
sent from somewhere in the world.
annihilation-time
MOLON LABE
Rights. What rights?
We also have the 2nd Amendment that's suppose to protect the right to keep and bear arms from government infringement. What's that mean anymore?
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