Legality of transferring firearm with Hi-cap mags (MD workaround)?
- Thread starter My Toy
- Start date
The #1 community for Gun Owners of the Northeast
Member Benefits:
No ad networks! Discuss all aspects of firearm ownership Discuss anti-gun legislation Buy, sell, and trade in the classified section Chat with Local gun shops, ranges, trainers & other businesses Discover free outdoor shooting areas View up to date on firearm-related events Share photos & video with other members ...and so much more!
Member Benefits:
Triggerscan
Shooting Ventures, LLC
MSP Advisory on Hi-Cap Mags
On 9/25/17, the MSP sent out an Advisory to all MD FFL's (see attached) that says that if the mags that came with a firearm that was transferred in MD, the transfer of mags "outside MD" is considered illegal as it's "associated" with an in state transfer. No discussion. I believe, IMO, that this is an incorrect interpretation as the possession and use in MD is perfectly legal. I plan to write a letter as an FFL dealer to the MSP asking them to request an official opinion from the AG (the AG Office does not take requests from private individual), but I doubt they will do anything as it's not in their best interest.
So, beware, FFL's in MD (who can legally accept incoming firearms with hi-cap mags), must now confiscate them and cannot (legally) send them out-of-state to a friend or relative of the transferee for later pickup, as has been done in the past.
On 9/25/17, the MSP sent out an Advisory to all MD FFL's (see attached) that says that if the mags that came with a firearm that was transferred in MD, the transfer of mags "outside MD" is considered illegal as it's "associated" with an in state transfer. No discussion. I believe, IMO, that this is an incorrect interpretation as the possession and use in MD is perfectly legal. I plan to write a letter as an FFL dealer to the MSP asking them to request an official opinion from the AG (the AG Office does not take requests from private individual), but I doubt they will do anything as it's not in their best interest.
So, beware, FFL's in MD (who can legally accept incoming firearms with hi-cap mags), must now confiscate them and cannot (legally) send them out-of-state to a friend or relative of the transferee for later pickup, as has been done in the past.
- Feb 19, 2013
- 18,763
Is there any law forbidding a person to throw out a magazine in the trash. I put my cans to the curb the night before they pick up 
I have guests to my home and leave a couple mags on my office desk. Next day I notice them missing. Is this something that must be reported?
I have guests to my home and leave a couple mags on my office desk. Next day I notice them missing. Is this something that must be reported?
MSP will say that's a transfer.
fabsroman
Ultimate Member
He's offering to transfer mags out of state
Cannot make the offer, while you are in Maryland, to sell those mags, even if the transfer is to take place on the moon. You cannot sit at your computer in Maryland and list 11+ round capacity mags for sale in E-bay with no shipping to anybody in Maryland. The offer simply cannot be made in Maryland. So, exactly how the OP can get this done while he is in Maryland, even if he offers to transfer the mags to the buyer out of state, is beyond me.
A MD FFL can offer to sell standard capacity mags out of state. Trouble arises if the FFL sends standard capacity mags out of state to a friend/relative of the gun buyer (whose gun included forbidden mags in the original box). That would be illegal because the transfer of the mags was a part of a firearm purchase transaction where the guy who paid was a Marylander. The FFL should be able to sell those mags out of state if the sale is a part of a separate transaction not involving a Maryland resident.
Figure out how to stay on the right side of the law.
Figure out how to stay on the right side of the law.
Negative, my go to shop is dealing with this now, modifying mags to less than 10rnd cap. They cannot send mags out of state anymore.
redeemed.man
Ultimate Member
Please do not write the letter requesting the opinion. It causes far more trouble than it alleviates.
Right. So the issue then becomes what sort of "modification" is acceptable/legitimate. Using a sharpie and writing "for 10 rounds only" is not going to be enough. Welding a stop into the mag would likely be enough. But even that could be reversed with tools. What about in the middle? Popsicle sticks in the mags to stop the follower. This is a real issue.
redeemed.man
Ultimate Member
Come on bro, on a public forum? WTF?Is there any law forbidding a person to throw out a magazine in the trash. I put my cans to the curb the night before they pick up
I have guests to my home and leave a couple mags on my office desk. Next day I notice them missing. Is this something that must be reported?
They are adding stops inside of mags so the capacity is no more than 10 rounds.
We live in Maryland and the free states are an easy drive away. Reading these posts is like listening to someone talk about how the spent $50 to save $5. I am currently in need of some magazines for my rifle. My wife wants to go to the Gettysburg Outlet Mall. Just happens to be a store in town that carries what I need. Looks like a win-win.
- Dec 20, 2013
- 12,340
TapRackBang
Cheaper Than Diamonds
I'm with you, this is the kind of shit that makes puts our community in a poor light....I really don't give a damn what you do but don't broadcast it on our forum please.
Agreed. I won’t mention the vendor (not an IP here), but at the HoCo gun show last year I walked past a vendor there transferring a handgun and they mentioned that the mags were pinned to 10 rounds and then without skipping a beat, “you can just remove the pin when you get home”.
Honestly a little gobstruck that they’d say that and do such a easily reversible job to limit the magazines. I think the law is stupid, but courting getting arrested/prosecuted sounds real damn stupid to me.
Probably all of us on the board have enough financial means we could drive or have a friend drive us over to DE, PA, VA or WV at least once a year to buy appropriate magazines. Heck, the gas is maybe $5-10.
Honestly a little gobstruck that they’d say that and do such a easily reversible job to limit the magazines. I think the law is stupid, but courting getting arrested/prosecuted sounds real damn stupid to me.
Probably all of us on the board have enough financial means we could drive or have a friend drive us over to DE, PA, VA or WV at least once a year to buy appropriate magazines. Heck, the gas is maybe $5-10.
furthermore
This looks like it even covers buying a used magazine at a yard sale or flea market. And I am assuming (as an example) that if I buy a C&R M1 carbine from a Maryland gun shop the 10+ magazine would have to be removed for the sale? Just looking for clarification...
Scott
This looks like it even covers buying a used magazine at a yard sale or flea market. And I am assuming (as an example) that if I buy a C&R M1 carbine from a Maryland gun shop the 10+ magazine would have to be removed for the sale? Just looking for clarification...
Scott
TapRackBang
Cheaper Than Diamonds
It can't be any clearer. Read (b) again, it spells it out in plain English. Then reread this thread where it's been clarified a dozen times, even by a lawyer.
I have Magazines that were purchased before the ban went into affect. I plan to will my firearms to a relative. Prior to my demise, I plan to place all my magazines in a bag, gather said relative and drive to PA where I will gift them to him. This event will be memorialized in my will. I know that's not the question, but it's my plan to ensure my property does not cause problems for my decendants.
Users who are viewing this thread
Latest posts
-
What would be the best Maryland compliant rifle I can buy for under $3000? (2 Viewers)- Latest: BurtonRW
-
-
Forum statistics
Latest threads
-
What would be the best Maryland compliant rifle I can buy for under $3000? (2 Viewers)
- Started by Tool
- Replies: 1
-
-
-
-
-
-
