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Old November 2nd, 2016, 07:50 AM #1
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Buying an AR-15 out of state Mag question

Searched for this already and many post were dated or unclear.

I am interested in buying a AR15 (HBAR) in either PA or Delaware and the rifle only comes in one version with a 30rd magazine.
I read in one thread that it is a cash and carry rifle and when out of state it's ok to have the 30rd magazine included as this person did so in PA previously

In another thread I read someone stating it must comply with Maryland fully (not just HBAR alone) and that a dealer may out right deny or can sub a 10/20rd magazine or just remove the magazine altogether "err on the side of caution"

So what's the correct answer since there seems to be a different answer for every question.
For those that bought out of state what has been your experience?
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Old November 2nd, 2016, 07:59 AM #2
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It is 100% legal for a Maryland resident to buy >10 round magazines out of state & carry them back into the state. That doesn't change if you're buying a rifle at the same time.

What that non-MD dealer may or may not deny or substitute is a different question.

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Old November 2nd, 2016, 07:59 AM #3
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Old November 2nd, 2016, 08:04 AM #4
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But it is also entirely up to the dealer whether he will sell said magazine with the rifle to a Md. resident. So both of your answers you found are correct.
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Old November 2nd, 2016, 08:31 AM #5
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Thank you for the replies.. I tried searching for the actual documentation from a state site showing this information to then bring to either dealer but failed to find it, mostly random other sites have it posted

Anyone have a link?
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Old November 2nd, 2016, 08:34 AM #6
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Quote:
Originally Posted by Rob R. View Post
Searched for this already and many post were dated or unclear.

I am interested in buying a AR15 (HBAR) in either PA or Delaware and the rifle only comes in one version with a 30rd magazine.
I read in one thread that it is a cash and carry rifle and when out of state it's ok to have the 30rd magazine included as this person did so in PA previously

In another thread I read someone stating it must comply with Maryland fully (not just HBAR alone) and that a dealer may out right deny or can sub a 10/20rd magazine or just remove the magazine altogether "err on the side of caution"

So what's the correct answer since there seems to be a different answer for every question.
For those that bought out of state what has been your experience?
As a MD resident, any AR-15 you purchase must be marked or advertised as HBAR or heavy barrel. In addition it must not be listed as banned by the state police. Click this link for the list. http://mdsp.maryland.gov/Organizatio...armSearch.aspx

Also the overall length must comply with MD law.

Maryland Law, Criminal Law Article ("CR"). 4-201 (f), defines "short-barreled rifle" as a rifle that has:

1. One or more barrels with one or both measuring less than 16 inches long; OR
2. Has an overall length of less than 26 inches AND was manufactured from a rifle either by alteration or modification. [snip; there is more on the MSP site]

If you are able to find and purchase a compliant rifle while out of state, it may have any capacity magazine you desire. Because of the total lack of clarity in the MD laws, some FFLs in other states might simply refuse to sell you any firearm. You may be better off going to an industry partner listed here to purchase the rifle, then go out of state to buy the magazines. https://www.mdshooters.com/forumdisplay.php?f=106

(I was working on this post while the prior posts were provided.)
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Last edited by Mike; November 2nd, 2016 at 08:37 AM. Reason: footnote
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Old November 2nd, 2016, 09:43 AM #7
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Quote:
Originally Posted by Mike View Post
As a MD resident, any AR-15 you purchase must be marked or advertised as HBAR or heavy barrel. In addition it must not be listed as banned by the state police. Click this link for the list. http://mdsp.maryland.gov/Organizatio...armSearch.aspx

Also the overall length must comply with MD law.

Maryland Law, Criminal Law Article ("CR"). 4-201 (f), defines "short-barreled rifle" as a rifle that has:

1. One or more barrels with one or both measuring less than 16 inches long; OR
2. Has an overall length of less than 26 inches AND was manufactured from a rifle either by alteration or modification. [snip; there is more on the MSP site]

If you are able to find and purchase a compliant rifle while out of state, it may have any capacity magazine you desire. Because of the total lack of clarity in the MD laws, some FFLs in other states might simply refuse to sell you any firearm. You may be better off going to an industry partner listed here to purchase the rifle, then go out of state to buy the magazines. https://www.mdshooters.com/forumdisplay.php?f=106

(I was working on this post while the prior posts were provided.)
Good summary and good link. Here's a thought. Maryland would like nothing better than to put out of business as many dealers as possible. The HQL requirements were onerous in part for just that reason. So think about buying the legal gun in state (assuming that the price is competitive ), and then just buying the magazine(s) on your next trip out of state. Most dealers will swap out the 30 round mag for a 10 round mag at the time of sale in Maryland. It just means you have an extra 10 round mag lying around. Use it for shooting off a bench.
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Old November 2nd, 2016, 09:52 AM #8
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The price difference is significant and buying in DE tax free would be another factor. I guess the easy way out is just spending the money on shipping and the transfer fee plus losing the mag to a dealer who locally already said it's ok to ship with 30rd but can't hand it over to me with such under MD law and I already knew that would be the case
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Old November 2nd, 2016, 10:23 AM #9
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Welcome aboard Rob R.!!

Go here and post up:

https://www.mdshooters.com/forumdisplay.php?f=119

My advice is to go to a gun store and buy an HBAR with a 30 round standard capacity magazine. If the owner won't sell, go to a different store.

I may or may not have purchased an HBAR w/ 30 rd mag in Western PA in less than 15 minutes (I did see you are looking in Delaware).
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Old November 2nd, 2016, 10:35 AM #10
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My interpretation would be that its totally fine for the 30rd to come from PA to MD. Im no lawyer but that is how I would understand it to work.
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