New to MD, trying to Sell Handgun

artbart1 · Mar 13, 2017

Hi All, I am new to Maryland, and so I registered all "regulated firearms" within 90 days of moving here. Now, I'd like to sell one, and it has a "high capacity" magazine. I understand that I can only sell this outside of MD. Do I still have to meet at a MD State Police station, then transfer the Mag outside of state lines?

I do not have an HQL, I bought this legally in my previous state before moving here.

Biggfoot44 · Mar 13, 2017

You may :

Sell to out of state FFL
Sell instate without magazine(s)

You may NOT ;

Sell or Offer for sale in Maryland with over 10 round magazine ( or the magazines by themselves, or in any combination).

newmuzzleloader · Mar 13, 2017

Biggfoot44 said:
You may :

Sell to out of state FFL
Sell instate without magazine(s)

You may NOT ;

Sell or Offer for sale in Maryland with over 10 round magazine ( or the magazines by themselves, or in any combination).

That pretty well says it all.

TexasBob · Mar 13, 2017

4-305(b) of the Criminal Law Article of the Annotated Code of Maryland states that, "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." Unlike Maryland's law governing "assault weapons," § 4-305(b) does not prohibit the possession of such magazines in Maryland, or the transportation of such magazines into Maryland. Also, Maryland law would not govern the sale or receipt of such magazines that occur outside of Maryland.

I do believe that includes bartering or giving them away, which is a another word for transfer.

Yea kinds of sucks doesn't. :sad20:

swinokur · Mar 13, 2017

Howdy. Join our fight.

www.marylandshallissue.org
.
.

Mikebiker · Mar 13, 2017

It would take a book to explain how screwed up maryland is on this. You can sell it out of state but it MUST transfer through a licensed dealer. Assuming it is a handgun with a magazine over 10 rounds you can sell it with no magazine but it still must transfer through a dealer or state police. You could buy a 10 round magazine and sell it in state but it still must go through a dealer or police. You can sell the large magazines out of state.

bkuether · Mar 13, 2017

Mikebiker said:
It would take a book (read upside down and backwards) to explain how screwed up maryland is on this. You can sell it out of state but it MUST transfer through a licensed dealer. Assuming it is a handgun with a magazine over 10 rounds you sell it with no magazine but it still must transfer through a dealer or state police. You could buy a 10 round magazine and sell it in state but it still must go through a dealer or police. You can sell the large magazines out of state.

FIFY

j_h_smith · Mar 13, 2017

Biggfoot44 said:
You may :

Sell to out of state FFL
Sell instate without magazine(s)

You may NOT ;

Sell or Offer for sale in Maryland with over 10 round magazine ( or the magazines by themselves, or in any combination).

TexasBob said:
4-305(b) of the Criminal Law Article of the Annotated Code of Maryland states that, "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." Unlike Maryland's law governing "assault weapons," § 4-305(b) does not prohibit the possession of such magazines in Maryland, or the transportation of such magazines into Maryland. Also, Maryland law would not govern the sale or receipt of such magazines that occur outside of Maryland.

I do believe that includes bartering or giving them away, which is a another word for transfer.

Yea kinds of sucks doesn't.

Mikebiker said:
It would take a book to explain how screwed up maryland is on this. You can sell it out of state but it MUST transfer through a licensed dealer. Assuming it is a handgun with a magazine over 10 rounds you can sell it with no magazine but it still must transfer through a dealer or state police. You could buy a 10 round magazine and sell it in state but it still must go through a dealer or police. You can sell the large magazines out of state.

Everyone seems to forget about 4-305 (a) ((2)) which states:

§4–305.

(a) This section does not apply to:

(1) a .22 caliber rifle with a tubular magazine; or

(2) a law enforcement officer or a person who retired in good standing from service with a law enforcement agency of the United States, the State, or any law enforcement agency in the State.

So it is possible to sell a handgun with mags larger than 10 rounds in the state of Maryland. It's just who you can sell to that determines it's legalities.

TexasBob · Mar 13, 2017

That is what I love about the laws they come up with, only after the 5th Sunday after a Blue Moon if you name ends in a Y and your a 1 eyed 1 horned, flying purple people eater, then the Law does not apply. :sad20:

RoadDawg · Mar 14, 2017

TexasBob said:
That is what I love about the laws they come up with, only after the 5th Sunday after a Blue Moon if you name ends in a Y and your a 1 eyed 1 horned, flying purple people eater, then the Law does not apply.

The real problem is finding 1 eyed 1 horned, flying purple people to eat... :lol2:

Biggfoot44 · Mar 14, 2017

Back at #8 , thinking some more, it's still murky. Any active/ retired LE may * buy * normal capacity mags, but it is still prohibited for a potential private seller to * offer for sale * . Kind of a catch-22 . To be unambigously legal, an exempt person would have to get their normal capacity mags from an FFL, or have them shipped to them from out of state.

Kind of like when possesion of weed itself is decriminalized, but the selling of it is illegal. Or when exchanging $ for sex is legal, but bordellos and street walking are illegal.

Hawkeye · Mar 15, 2017

j_h_smith said:
Everyone seems to forget about 4-305 (a) ((2)) which states:

§4–305.

(a) This section does not apply to:

(1) a .22 caliber rifle with a tubular magazine; or

(2) a law enforcement officer or a person who retired in good standing from service with a law enforcement agency of the United States, the State, or any law enforcement agency in the State.

So it is possible to sell a handgun with mags larger than 10 rounds in the state of Maryland. It's just who you can sell to that determines it's legalities.

Actually, Jim (and I think this subject has started arguments in the past, which isn't my intention here) I take that clause to mean that only a LEO / retired LEO can buy OR SELL the banned magazines.

If you look at the whole section:

§4–305.
(a) This section does not apply to:
(1) a .22 caliber rifle with a tubular magazine; or
(2) a law enforcement officer or a person who retired in good standing from service with a law enforcement agency of the United States, the State, or any law enforcement agency in the State.
(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.

You see that (a) applies to the entirety of (b), which means that only a person exempted in (a) (i.e. a LEO) can "manufacture, sell, offer for sale, purchase, receive, or transfer" a banned magazine. So while it's legal for a LEO to buy one, it is NOT legal for a non-LEO to sell one, even if it's to a LEO. Likewise, a LEO (or retired, etc) can sell one, a non-LEO CAN NOT buy one, even from an exempted LEO.

This is the exemption that makes it legal for a LEO to buy standard cap magazines from an FFL, or he/she could sell them to an FFL or another exempted person (i.e. LEO / retired LEO).

dontpanic · Mar 15, 2017

You can sell it with the magazines to a MD FFL. I have sold/traded in three pistols that way.

j_h_smith · Mar 15, 2017

Hawkeye said:
Actually, Jim (and I think this subject has started arguments in the past, which isn't my intention here) I take that clause to mean that only a LEO / retired LEO can buy OR SELL the banned magazines.

If you look at the whole section:

You see that (a) applies to the entirety of (b), which means that only a person exempted in (a) (i.e. a LEO) can "manufacture, sell, offer for sale, purchase, receive, or transfer" a banned magazine. So while it's legal for a LEO to buy one, it is NOT legal for a non-LEO to sell one, even if it's to a LEO. Likewise, a LEO (or retired, etc) can sell one, a non-LEO CAN NOT buy one, even from an exempted LEO.

This is the exemption that makes it legal for a LEO to buy standard cap magazines from an FFL, or he/she could sell them to an FFL or another exempted person (i.e. LEO / retired LEO).

if you go through an FFL, you are not selling the restricted mag. The gun goes into the dealer's book which is perfectly legal. Then the gun goes to the new owner (LE or retired LE) and they can take possession of the firearm with the restricted mag.

You wouldn't be able to do this transfer at a MSP barracks, but through a dealer, it's perfectly legal.

Biggfoot44 · Mar 15, 2017

Or once the Md FFL has it in his inventory, it can be sold by out of state ( through out of state FFL, as usual).

j_h_smith · Mar 15, 2017

Biggfoot44 said:
Or once the Md FFL has it in his inventory, it can be sold by out of state ( through out of state FFL, as usual).

Yes, the FFL may transfer to a qualifying person or out of state and everything would be legal.

New to MD, trying to Sell Handgun

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