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Old November 11th, 2019, 11:39 AM #21
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Originally Posted by Pinecone View Post
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.

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Old November 11th, 2019, 02:06 PM #22
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Been where many times? If you want to test the law on offering mags for sale, a letter to Frosh offering them for sale might settle the issue.

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If you even have to ask that question, you obviously were never there!
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Old November 11th, 2019, 03:06 PM #23
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Originally Posted by dist1646 View Post
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.
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Old November 11th, 2019, 06:22 PM #24
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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.
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Old November 12th, 2019, 02:58 AM #25
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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
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Old November 12th, 2019, 11:18 AM #26
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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.
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Old November 12th, 2019, 11:35 AM #27
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Originally Posted by ras_oscar View Post
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.
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Old November 13th, 2019, 03:32 AM #28
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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.
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Old November 13th, 2019, 04:58 PM #29
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Act, as is Act of Congress, aka LAW.
I think I used the word LAW earlier in the thread. When searching, it is referenced as "act".
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Old November 13th, 2019, 07:21 PM #30
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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 .
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