redeemed.man
Ultimate Member
I was wondering how those "parts kit" websites were getting around Maryland law. I didn't want to be on a list so I just pick my mags up in Virginia or Pennsylvania when I am working in the area.
Legality of transferring firearm with Hi-cap mags (MD workaround)?
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- Jul 29, 2014
- 50,041
he found it some time ago.
No one has referenced the specific wording yet, so here it is:
"(b) Prohibited. -- A person may not manufacture, sell, offer for sale, purchase, receive, or transfer a detachable magazine that has a capacity of more than 10 rounds of ammunition for a firearm.
If you made arrangements while in Maryland, for example over the phone, that would be considered offering for sale. To be legal you would need to offer for sale and receive the money, and hand over the magazine while in another state like Virginia where there is no capacity limits. Depending on where you live, drive over the boarder and make the call or find a coffee shop with wifi to send an email.
Now if you have already offered for sale within the state, be smart and don't go through with the sale.
"(b) Prohibited. -- A person may not manufacture, sell, offer for sale, purchase, receive, or transfer a detachable magazine that has a capacity of more than 10 rounds of ammunition for a firearm.
If you made arrangements while in Maryland, for example over the phone, that would be considered offering for sale. To be legal you would need to offer for sale and receive the money, and hand over the magazine while in another state like Virginia where there is no capacity limits. Depending on where you live, drive over the boarder and make the call or find a coffee shop with wifi to send an email.
Now if you have already offered for sale within the state, be smart and don't go through with the sale.
- Feb 4, 2013
- 28,175
Sounds just like MSP, warning you not to violate a law that doesn't exist and they can't enforce (out of state transfer specifically).
The law states you may not OFFER them for sale within state.
So the law DOES exist.
- Feb 4, 2013
- 28,175
There is at least one IP here on MDS that will sell you a magazine parts kit. In most cases, only the floor plate has been removed.
It would be illegal to final assemble that parts kit in MD.
Good news is, my office is in VA.
esqappellate
President, MSI
- Feb 12, 2012
- 7,408
Always useful to have the actual language of the statute at hand. Here the ban on standard capacity magazines is in MD Code, Criminal Law, § 4-305, which states:
(b) A person may not manufacture, sell, offer for sale, purchase, receive, or transfer a detachable magazine that has a capacity of more than 10 rounds of ammunition for a firearm.
Note that "possess" is not among the unlawful activities. But as others have noted, "offer for sale" is. So, an "offer for sale" within MD would be banned, even though the sale is actually fully consummated by a transfer or receipt outside of MD. The meaning of "offer" is pretty plain. Conviction under this section is penalized under MD Code, Criminal Law, § 4-306, which states "(a) A person who violates this subtitle is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both." That's a lifetime disqualifier under federal law.
esqappellate
President, MSI
- Feb 12, 2012
- 7,408
Maybe, maybe not, but once you have assembled those parts into a magazine with a capacity of greater than 10 rounds, you have probably "manufactured" the magazine in MD.
I'm not disagreeing with your reading and interpretation of the law in any way, I just want to ask out of curiosity: how can Maryland enforce what seems to be a law restricting interstate commerce?
Meaning the part about the offer, if the offer is to sell and transfer the magazines in another (where the sale, possession, transfer is legal) state.
esqappellate
President, MSI
- Feb 12, 2012
- 7,408
The "offer" takes place in MD, so MD's writ reaches that far. As for interstate commerce, where (as here) the state law does not directly conflict with a federal law, the inquiry is under the dormant Commerce Clause doctrine. The dormant Commerce Clause precludes states from enacting “regulatory measures designed to benefit in-state economic interests by burdening out of state competitors.” Dep't of Revenue v. Davis, 553 U.S. 328, 338 (2008) (quoting New Energy Co. of Ind. v. Limbach, 486 U.S. 269, 273–74 (1988)). There is no suggestion that this state statute does that, as the bans fully apply to in state economic interests. A more recent analysis is in Comptroller of Treasury of Maryland v. Wynne,135 S.Ct. 1787 (2015), where the SCT struck down Maryland law that permitted assessment by state comptroller of county income tax without a credit for payment of out-of-state income taxes. That ruling is part of the reason that Montgomery County has cited for raising property taxes by 9%. So, in this coming election, I will be voting against every incumbent on the County Council who voted for that increase.
INMY01TA
Ultimate Member
- Dec 29, 2008
- 5,829
This, end of thread. I bought my gen 4 G19 with three 15 round mags earlier this year from a very popular MDS IP here with the dowel rod sections in them, limiting them to 10 rounds. It is legal. You must however drive out of state to remove the dowel rods.
- Feb 4, 2013
- 28,175
So do not assemble them in MD.
esqappellate
President, MSI
- Feb 12, 2012
- 7,408
That may be one way. That assumes, of course, that the parts don't make a mag until they are assembled and hence were not sold or received as a mag when sold as disassembled parts. That question has not been answered definitely by any controlling case law. So, if it were me, I would not assume that. In any event, the legally safest way to avoid these uncertainties is just go out of MD and buy your mags there already fully assembled. That has the benefit, of course, of ensuring that an essential part of the firearm has been assembled in the factory by people who are paid to assemble them properly on an assembly line constructed for that purpose. We have all have had magazines malfunction. That can be rather fatal in the wrong circumstances. As a rule, I don't do the original assembly of my mags just as I don't skimp on mags. Heck, I often throw away the factory mags and buy Wilson Combat mags or something compatible.
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Couldn't one argue that there is a difference in assembly and manufacture? I see manufacture as taking raw material and transforming it into some finished product. Assembly is taking a group of already manufactured parts and forming them into something else. There is nothing about assembly in the statute.
esqappellate
President, MSI
- Feb 12, 2012
- 7,408
Yes, you could argue it. IIRC, "manufacture" is not a defined term in the statute. In such cases the courts will often look to Blacks Law Dictionary or Websters Dictionary. And you might even win on that theory, just as Chow won in Chow v. State in arguing that "transfer" meant a change in ownership, rather than a loan. Of course, Chow lost on that argument at trial and at the intermediate court of appeals, prevailing only on a discretionary petition for cert at MD's highest court. In the meantime, he was convicted and thus became a prohibited person. So, anyone out there want to be a test case on this (it will cost $100,000 plus in fees plus years of your life, plus you bear the risk of losing and thus losing all your firearms for life)? Or would you rather just mosey across the state line and buy all the mags you ever need or want for a tiny fraction of that amount?
The statute says "Offer to sell", what about selling the firearm in state, stating mags not included. Then saying something like, magazines can be discussed and/or transferred once out of MD. I am just wondering the best language to use so you don't run south of the law if you are willing to go to PA/Va/ insert state here and transfer the mags to the buyer.
- Feb 4, 2013
- 28,175
Hmm.
The law says "offer to sell."
So you offer to sell the firearm, mags not included. Then you offer to GIVE them the mags, outside the state.
Not sold, nothing given for the mags.
Tomcat
Formerly Known As HITWTOM
I think that the proper answer for this forum (since who knows who is reading it) is that there is no "workaround" for this scenario as stated in the OP. If we don't watch it, a total ban on over 10 rounds may be next.
Tomcat
Formerly Known As HITWTOM
After posting the above a quick check showed 10 members and 77 guests reading the Maryland 2A section. At times we are our own worst enemy.
Tinfoil. Many people cannot completely sign-in while at work therefore during the day they show up as guests when viewing MDshooters
Others never sign in unless they're going to post
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