Sorry to Ask Again but FREAKING out

I know you have all fielded this question before, even from myself so I am very sorry to ask again but I really need a sanity check so I do not go crazy. Quickly here is the back-story:

Before the new gun laws came into affect, I ordered an AR15 and asked them twice to remove the 30 round magazine. They said yes both times but didn't. The FFL said he could ship the magazine to someone I knew in VA and I could pick it up legally. I was worried that was not right and I asked the board here and everyone said it was legal. I read the law and it seemed consistent with what everyone was saying. So that is what I did and drove it back to PG county.

Fast forward some months and the lawyer at my gun club at work was going over the new gun laws and he got to the section on detachable magazines and he mentioned it was illegal to go to another state and buy magazine and transport it back. He pointed to the word "transfer" in the line " A person may not manufacture, sell, offer for sale, purchase, receive, or transfer a detachable magazine ...."

So I freak out. My job depends on me being in good legal standing. But on this board and on other sites it says it is legal. To me the context of the magazine part of the law is on possession. So transfer must mean transfer possession not just movement of something. If hypothetically it did mean movement and not change of ownership of a magazine greater than 10 rounds, because it doesn't say "transfer into the state" or something similar, then it would make it illegal to flat out move your magazine. To your car, to the gun range, out of the safe, whatever. Which is crazy. So it has to mean transfer as in ownership. So I don't see how it could be illegal but I am bothered that he was a lawyer from a gun club who said it was illegal. So it is really bothering me that there is some "other" law that he knew about or a county law or something. Or that "transfer" really does mean "movement". I don't want to pay a lot of money that I don't have to consult a lawyer but I don't want to keep on worrying about this and it really is keeping me up at nights. Maybe I'm just more sensitive than most but I am just going around in circles wondering if I broke the law and what to do next.

I really could use some help and something pretty conclusive that I can lean on. I'm freaking out just a little. Thank you!!

You're fine. Legal to posses, legal to buy out of state and bring back.

Have a beer and smile

The lawyer doesn't know what he is talking about. The FFL's shipping out of state was legal because FFL's have a license to conduct such business. Picking up your mag out of state and bringing it in is a legal right.

NO problem going out of state, buying, and bringing back in again.

Prior to SB281, you went to get 30 rounders as you couldn't get > 20 rounders in state. Now it's the same except you can't get > 10 rounders.

I type amazingly slowly.

There are others on here that know more than I do, but buying magazines out of state and bringing back, to my knowledge is legal.

With all due respect to the attorney, he does not know what he is talking about.

It sounds like that lawyer has his own interpretation. The community here (and I think most lawyers) agree that transfer means transferring a mag within the state of Maryland. Bringing them in is okay.

Rack&Roll said:

The lawyer doesn't know what he is talking about. The FFL's shipping out of state was legal because FFL's have a license to conduct such business. Picking up your mag out of state and bringing it in is a legal right.

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If it had been a 20-rounder, I would agree, no doubt about it.

Being a 30, we just don't have all the info.

Mr H said:

If it had been a 20-rounder, I would agree, no doubt about it.

Being a 30, we just don't have all the info.

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How do you figure? What possibility do you see?

CnC said:

How do you figure? What possibility do you see?

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If it was a MD FFL, "offer for sale" for a 30 would have been an issue, even before FSA13.

Will have to check to see if there might be another, but not tonight.

That specific question was asked at the MDSP annual seminar. and they said it was legal to purchase out of state and bring back.

CnC said:

You're fine. Legal to posses, legal to buy out of state and bring back.

Have a beer and smile

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and get some rest

You cannot transfer in MD. If you go to PA, MD law does not apply. Bringing them across the line is not a transfer.

. So transfer must mean transfer possession not just movement of something. If hypothetically it did mean movement and not change of ownership of a magazine greater than 10 rounds, because it doesn't say "transfer into the state" or something similar, then it would make it illegal to flat out move your magazine. To your car, to the gun range, out of the safe, whatever. Which is crazy. So it has to mean transfer as in ownership. So I don't see how it could be illegal but I am bothered that he was a lawyer from a gun club who said it was illegal.

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You succinctly point out the lawyers misunderstanding.

Transport is not the same as transfer.
Possession is not transfer either.
Purchase in another state is not subject to Maryland law.
No one is going to ask you to prove when and where you came into possession of a mag > 10 rounds, but if they did, you did so legally, so you will pass your lie detector test.

Don't worry, be happy.

Mr H said:

If it was a MD FFL, "offer for sale" for a 30 would have been an issue, even before FSA13.

Will have to check to see if there might be another, but not tonight.

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So this is what worries me. It seems like there are many people who say no problem but one says maybe not so fast.

But the FFL did not offer for sale. I bought an AR online and had an FFL in MD doing the transfer work. So the gun store shipped the gun to the FFL and the magazine arrived at the FFL with the AR that I ordered online, even though I asked them not to send it. It came from a gun store in some other state and the FFL was doing the transfer process and he shipped it to VA.

At any rate, a poster mentioned that the Maryland State Police Department answered this question at a meeting. I think I need to just call them and ask. I cannot take this if it is subjective and relative. I am just trying to do the right thing. Heck I even hammered the magazine to pieces after the gun club lawyer said that it was illegal. . . .

"Battered Gun Owner Syndrome"

Seriously, you will drive yourself crazy trying to figure out which of the thousands of gun laws, rules, regulations, edicts, directives, infringements, etc. you may be breaking at any given time.

mathfish said:

So this is what worries me. It seems like there are many people who say no problem but one says maybe not so fast.

But the FFL did not offer for sale. I bought an AR online and had an FFL in MD doing the transfer work. So the gun store shipped the gun to the FFL and the magazine arrived at the FFL with the AR that I ordered online, even though I asked them not to send it. It came from a gun store in some other state and the FFL was doing the transfer process and he shipped it to VA.

At any rate, a poster mentioned that the Maryland State Police Department answered this question at a meeting. I think I need to just call them and ask. I cannot take this if it is subjective and relative. I am just trying to do the right thing. Heck I even hammered the magazine to pieces after the gun club lawyer said that it was illegal. . . .

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Cripes, seriously?

The FFL sold you an AR in MD without 30 round mags - legal. The FFL shipped some surplus mags not for sale in MD to an address in another state - legal. You took possession of some mags in a state where it was legal to do so - legal.

Problem is... ?

EDIT - does your receipt for the AR list any 30 round mags? If not, you're fine.

You know how I know it's legal? All of the legislators in favor of sb281 bemoaned the fact that it was possible and in fact, a common practice. This was also brought up during the hearing in front of the judge back in July by the attorneys serving for both sides. I figure if the people writing the laws and the people interpreting the laws agree it's ok, it's OK - even if they don't like it! There are records of them stating this frequently.

Relax. Have fun. Load'er'up.

ShallNotInfringe said:

You know how I know it's legal? All of the legislators in favor of sb281 bemoaned the fact that it was possible and in fact, a common practice. This was also brought up during the hearing in front of the judge back in July by the attorneys serving for both sides.

Relax. Have fun. Load'er'up.

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He destroyed them. Now he has to hit VA and pick up a few more.

CnC said:

He destroyed them. Now he has to hit VA and pick up a few more.

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Oops, missed that part... For heavens sakes, git over to VA, DE, WVA or PA and pick some more up. Then you can relax, have fun and load'em'up.