Hi cap mag legality question

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  • Mr.Smalls

    Active Member
    Mar 24, 2017
    175
    Queen Anne's
    So heres the problem: I was trying to find some more mags for my VZ and all I can find are 30 rders. Then I got to thinking about the law. As it says:

    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.

    But what if they were dissembled, then they become componets. And components aren't regulated as far as I know. You have them shipped to you as parts then assemble them together. So here the question, does assembly mean the same as manufacturing? I mean you aren't really crafting the parts, just putting them together. I have talked to multiple Leos' that didn't know and even called the ATF but received no response. So I thought I'd ask the experts instead.
     

    jonnyl

    Ultimate Member
    Sep 23, 2009
    5,969
    Frederick
    Just drive to a neighboring state and buy them if you can find them. No gray area. I wouldn't want to try to argue that I didn't "manufacture" but just "assembled".
     

    TheOriginalMexicanBob

    Ultimate Member
    Jul 2, 2017
    32,905
    Sun City West, AZ
    Having all the parts together could be construed as constructive intent. It's kinda like having an Uzi carbine with a 16" barrel...legally owned before the ban...and buying an Uzi submachine gun barrel. Just by having both in the same place can be construed as constructive intent to make a short barreled rifle. It doesn't matter whether you had no intent to do so...mere possession is enough. Whether actual charges could be brought is another matter...but it could cause you trouble and confiscation of the materials as contraband, get your name in the newspaper and give a gun unfriendly state's attorney face time on the television news to enhance his next election chances.
     

    iH8DemLibz

    When All Else Fails.
    Apr 1, 2013
    25,396
    Libtardistan
    I believe a new company was founded recently... High Capacity Magazine Kits-R-Us or High Capacity Magazine Kits Depot. Or something like that.

    Buts it's probably easier and much more legal to just purchase them pre-assembled from a dealer in Free America.
     

    Mark75H

    MD Wear&Carry Instructor
    Industry Partner
    MDS Supporter
    Sep 25, 2011
    17,249
    Outside the Gates
    Short trip QA to DE and avoid breaking the law. "Assembling" is sure to be the same as "manufacturing" in the eyes of a prosecutor with an anti-2A state of mind. Pretty sure ATF has no concern about MD magazine cap laws, likewise local LEO's are not MD firearm law experts either. In QA they are more likely to be familiar with the legality of a loaded shotgun in a vehicle or leaning against the bumper or tailgate of a pickup truck. Feel free to be the test case if you can afford the jail time and attorney's fees to prove otherwise.
     

    Blacksmith101

    Grumpy Old Man
    Jun 22, 2012
    22,269
    So heres the problem: I was trying to find some more mags for my VZ and all I can find are 30 rders. Then I got to thinking about the law. As it says:

    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.

    But what if they were dissembled, then they become componets. And components aren't regulated as far as I know. You have them shipped to you as parts then assemble them together. So here the question, does assembly mean the same as manufacturing? I mean you aren't really crafting the parts, just putting them together. I have talked to multiple Leos' that didn't know and even called the ATF but received no response. So I thought I'd ask the experts instead.

    Take a trip to Delaware and save the sales tax to boot.

    Many manufacturers simply assemble parts that other companies "craft".
     

    fred333

    Banned
    BANNED!!!
    Dec 20, 2013
    12,340
    But what if they were dissembled, then they become componets. And components aren't regulated as far as I know. You have them shipped to you as parts then assemble them together. So here the question, does assembly mean the same as manufacturing? I mean you aren't really crafting the parts, just putting them together. I have talked to multiple Leos' that didn't know and even called the ATF but received no response. So I thought I'd ask the experts instead.

    Yes, absolutely. Further, it implies a conscious attempt to subvert the purpose of the law. As others've already (correctly) suggested, just take a joy-trip to another state, buy whatever mags you need/want and carry them home. According to the MD Asst State Attorney General, this is perfectly legal.

    Fortunately, although Maryland's legislatures ARE babies with plump Pampers, they aren't Californians....yet. Thank you lucky stars for that, son.
     

    2A Maryland

    Active Member
    Dec 7, 2016
    104
    Towson, MD
    Order on line, shipping to a address out of MD. and pick them up at ,the friend or relative on the next visit,

    While I am not sure, making an online purchase from an out of state vendor, and shipping to someone in another state could be construed as being purchased in Maryland with the intent of circumventing the law. For example, if the purchase record shows payment of Maryland sales tax, you could have a problem. The law is not clear on this specific issue, why take a chance?

    Not telling anyone what to do, or what not to do.
     

    Gskwared

    Supreme Being
    Feb 4, 2013
    539
    Carroll County
    I don't think constructive intent is a thing. Constructive possession is and can be proven. Constructive intent seems that be one of those things that s sit on gun forums and backrooms. I can't seem to find any caseses where someone has been charged with it.

    I could be wrong.
     

    iH8DemLibz

    When All Else Fails.
    Apr 1, 2013
    25,396
    Libtardistan
    Please! Please! Please! Let's talk about this some more. Let's give the MGA more tidbits and clues of how to phuckusover again. We still have a few months left to help them. I know we can do it.
     

    Arcamm

    Ultimate Member
    MDS Supporter
    Assembling parts that once assembled, become functional in a capacity that the parts alone were not, constitutes manufacturing.

    You would be in violation of Maryland law. Don't be in violation of Maryland law.
     
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