Legality of magazines parts...

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  • TheOriginalMexicanBob

    Ultimate Member
    Jul 2, 2017
    32,151
    Sun City West, AZ
    I have about a half-dozen M14 magazine bodies and a few floor plates, followers and one spring. Since they're not complete and only parts, are they legal to sell within MD? I'd like to sell them for what they are...parts...but don't want to run afoul of MD laws.

    Can anyone provide advice on the legality of selling them within the People's Republic?
     
    I am not trying to state official legality, but if they cannot be assembled into a functional magazine, I would think they would be legal to sell. It is not a "loophole" because they are just as described- parts; not disassembled magazines being deceptively sold as "parts kits".
     
    1- If I bought all of your parts and nothing else- could I make functional magazines? If the answer is "no", I can't see how you're doing anything slightly illegal.
    2- It becomes more of a gray area if you sell a pile of stuff that could be re-assembled into one or two complete magazines with a bunch of leftover parts.
    3- If you sold all of the components for a single magazine, in disassembled form, one could easily see it as trying to circumvent the law.
     

    outrider58

    Eats Bacon Raw
    MDS Supporter
    Jul 29, 2014
    49,811
    I have bought replacement parts for my LEGAL +10 round magazines.
     

    lazarus

    Ultimate Member
    Jun 23, 2015
    13,678
    The only thing I could maybe see is the bodies themselves might be construed as not legal for sale. But dunno honestly. It wouldn’t be something I’d be comfortable selling as F-Ed up as this state is. Followers, springs and floor plates I can’t see any reason they wouldn’t be perfectly legal to sell.
     

    Boondock Saint

    Ultimate Member
    Dec 11, 2008
    24,366
    White Marsh
    1- If I bought all of your parts and nothing else- could I make functional magazines? If the answer is "no", I can't see how you're doing anything slightly illegal.
    2- It becomes more of a gray area if you sell a pile of stuff that could be re-assembled into one or two complete magazines with a bunch of leftover parts.
    3- If you sold all of the components for a single magazine, in disassembled form, one could easily see it as trying to circumvent the law.

    I'm not a lawyer, but that makes sense to me. Welcome to BGOS.
     

    rob-cubed

    In need of moderation
    Sep 24, 2009
    5,387
    Holding the line in Baltimore
    I'd agree with others, if your sale doesn't fit "constructive intent"... in other words, you aren't selling a set of parts someone could construct a functioning magazine out of... then it gets a pass.

    Parts is parts.
     

    erwos

    The Hebrew Hammer
    MDS Supporter
    Mar 25, 2009
    13,866
    Rockville, MD
    I'd agree with others, if your sale doesn't fit "constructive intent"... in other words, you aren't selling a set of parts someone could construct a functioning magazine out of... then it gets a pass.
    This distinction does not exist in the law. The law does not define constructive intent or possession of magazine parts as being equivalent to owning a magazine. We have enough problems without inventing new ones.
     

    outrider58

    Eats Bacon Raw
    MDS Supporter
    Jul 29, 2014
    49,811
    This distinction does not exist in the law. The law does not define constructive intent or possession of magazine parts as being equivalent to owning a magazine. We have enough problems without inventing new ones.

    Though you are right, his point, I think, was well made. Selling a complete 'kit' of parts that when assembled would 'create' a banned item would be problematic.
     

    rbird7282

    Ultimate Member
    MDS Supporter
    Dec 6, 2012
    18,531
    Columbia
    Just because someone could assemble the parts into a magazine is irrelevant. It's up to them to do so in a lawful manner, outside of Maryland.


    Sent from my iPhone using Tapatalk
     

    rbird7282

    Ultimate Member
    MDS Supporter
    Dec 6, 2012
    18,531
    Columbia
    This distinction does not exist in the law. The law does not define constructive intent or possession of magazine parts as being equivalent to owning a magazine. We have enough problems without inventing new ones.






    Sent from my iPhone using Tapatalk
     

    hi3cho

    Ultimate Member
    Nov 16, 2012
    1,306
    Edgemere
    BGOS FTW, Not illegal at all. In your case there is no risk of responsibility for a unlawful assembly, even though that is not your responsibility to prevent it even if it were enough parts for a full mag. In my opinion you would have a hard time proving intent for someone who is selling broken down mags as parts kits. Do some do it to get around the laws, yes. Does it make it illegal if the buyer assembles out of state? no. If someone were to get in trouble for this, I would think it would have be in large quantities, not selling a few parts and/or kits.
     

    TheOriginalMexicanBob

    Ultimate Member
    Jul 2, 2017
    32,151
    Sun City West, AZ
    Thanks for all the advice. I do want to dispose of these parts...just want to stay in legal compliance. I'd certainly rather get a few dollars for it all than toss them out but I have no use for them even if the parts are perfectly serviceable. I sold my M1A several years ago and have no plans for another...MD saw to that.
     

    rob-cubed

    In need of moderation
    Sep 24, 2009
    5,387
    Holding the line in Baltimore
    This distinction does not exist in the law. The law does not define constructive intent or possession of magazine parts as being equivalent to owning a magazine. We have enough problems without inventing new ones.

    Correct, there is no case law that defines a mag body or any other part or combination of parts as a magazine to my knowledge.

    However, some states have filed suits using this constructive intent argument (Cali in particular) and succeeded in changing behavior of out of state vendors, if falling short of legal precedent.

    The OP was asking where the line was drawn, I think we'd all agree if he is not offering a set of parts that cannot be made into a complete magazine then it is definitively NOT a magazine.
     

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