Ordering a magazine while out of state, to SHIP to out of state?

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  • trickg

    Guns 'n Drums
    MDS Supporter
    Jul 22, 2008
    14,702
    Glen Burnie
    What really makes it bad is the inanity of the law itself. They aren't against the law to have, so what's the point of making it illegal to receive other than making it a mild pain in the ass that's pretty easy to circumvent six ways from Sunday legally, and borderline impossible to enforce should someone decide to break it?

    Oh, that's right! :facepalm: It's for the children and it will save lives! :sad20:
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    If you read the law, it says you may not PURCHASE over 10 round mags in MD.

    So ordering on your computer while in MD< even shipping to outside MD, is technically illegal.

    Going to PA and ordering from there using your MD credit card IS legal.

    Will you ever be caught for ordering from within MD? I would say not likely, but is it worth the risk?
     

    trickg

    Guns 'n Drums
    MDS Supporter
    Jul 22, 2008
    14,702
    Glen Burnie
    If you read the law, it says you may not PURCHASE over 10 round mags in MD.

    Going to PA and ordering from there using your MD credit card IS legal.
    How would it be illegal to order while in PA online using a MD credit card? How is that any more illegal than going to a gun show in PA and using your credit card to purchase magazines from a gun show vendor and using a credit card for payment?

    But again, the whole thing is negated if you make the purchase with a Visa gift card and have the mags shipped to an out of state location.

    Here's an interesting question. Do states have jurisdiction over the mail? As an example, if you have something shipped to you that is legal to ship, e.g., magazines for firearms are legal to ship via US Postal Service, can the state snoop into packages sent as 1st class personal mail?

    If the mail is federally protected and the state has no jurisdiction to snoop into the letters or packages you receive, while technically it might be illegal to receive the 10+ round magazine, mail privacy is federally protected, so unless the police witnessed you opening your mail, there would be no way to know if you were breaking the law or not - it is in effect, unenforceable.

    It's kind of like blowjobs - in Maryland they are illegal to give or receive, and yet....

    ...and yet gay marriage is legal, but sodomy and blowjobs are illegal, so does that mean that any male gay couple who openly admits to consummating the marriage can be prosecuted for illegal sodomy or other illegal sex acts? Or does someone have to actually witness the sex act before it can be prosecuted?
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    How would it be illegal to order while in PA online using a MD credit card? How is that any more illegal than going to a gun show in PA and using your credit card to purchase magazines from a gun show vendor and using a credit card for payment?

    But again, the whole thing is negated if you make the purchase with a Visa gift card and have the mags shipped to an out of state location.

    Here's an interesting question. Do states have jurisdiction over the mail? As an example, if you have something shipped to you that is legal to ship, e.g., magazines for firearms are legal to ship via US Postal Service, can the state snoop into packages sent as 1st class personal mail?

    If the mail is federally protected and the state has no jurisdiction to snoop into the letters or packages you receive, while technically it might be illegal to receive the 10+ round magazine, mail privacy is federally protected, so unless the police witnessed you opening your mail, there would be no way to know if you were breaking the law or not - it is in effect, unenforceable.

    It's kind of like blowjobs - in Maryland they are illegal to give or receive, and yet....

    ...and yet gay marriage is legal, but sodomy and blowjobs are illegal, so does that mean that any male gay couple who openly admits to consummating the marriage can be prosecuted for illegal sodomy or other illegal sex acts? Or does someone have to actually witness the sex act before it can be prosecuted?

    Please re-read what I posted.

    Ordering while IN MD could be held as purchasing in MD.

    Ordering while in PA is NOT purchasing in MD and therefore legal.
     

    trickg

    Guns 'n Drums
    MDS Supporter
    Jul 22, 2008
    14,702
    Glen Burnie
    Please re-read what I posted.

    Ordering while IN MD could be held as purchasing in MD.

    Ordering while in PA is NOT purchasing in MD and therefore legal.
    Ah - me being a cotton-picking ninny-muggings. I misread it. My bad.

    I'm still intrigued about the US Postal Service/privacy thing though.
     

    rangerone314

    Member
    Jan 8, 2012
    37
    Harford County
    when in doubt

    I'm inclined to play it safe when in doubt...

    I'll just order from PA and have shipped to PA :D

    Or see if I can get that place in Delaware to order stuff...

    Hopefully they have the DPMS/SR-25 type mags... (X-Ring I think it was). Went there a year ago...
     

    Schipperke

    Ultimate Member
    MDS Supporter
    Feb 19, 2013
    18,749
    Please re-read what I posted.

    Ordering while IN MD could be held as purchasing in MD.

    Ordering while in PA is NOT purchasing in MD and therefore legal.

    How about if I order sitting in Maryland, but tunneled through a Swedish VPN? :sad20: Also, plenty of package redirect services, it works.
     

    The sphinx

    Ultimate Member
    Jun 27, 2013
    1,458
    Delaware
    Or instead of debating the samething over and over again why not just do what you know is legal and purchase out of state? Lucky for me I won't have this problem soon.
     

    trickg

    Guns 'n Drums
    MDS Supporter
    Jul 22, 2008
    14,702
    Glen Burnie
    Or instead of debating the samething over and over again why not just do what you know is legal and purchase out of state? Lucky for me I won't have this problem soon.
    That is the easiest way - for me I go to the Chantilly show at least once a year, so being completely on the legal up-and-up is easy enough.

    All I'm saying is that the law, as it is written, is really really easy to circumvent, not to mention unenforceable.

    I'd be curious to know if there has been any prosecutions of the magazine law since it went into effect.
     

    Docster

    Ultimate Member
    Jul 19, 2010
    9,773
    For the former question, it's up to the seller. Many flat-out refuse if the billing address is MD, regardless of where you pay or take possession. Your latter question has been beaten to death in other threads.

    BOTH questions have been beaten to death. The first is no different than when he went to Delaware and bought the mags--how can he reasonably feel that ordering online from PA for later pickup in PA is any different? The law is clear. One cannot purchase or offer for sale mags 10 rounds WITHIN the state of Maryland, but possession of said mags are (still) legal. And yes, although legal to do otherwise, sellers may choose only to ship to buyer's billing address:deadhorse:
     

    trickg

    Guns 'n Drums
    MDS Supporter
    Jul 22, 2008
    14,702
    Glen Burnie
    Could be isn't against the law. You can order from here and ship to out of state address.
    It depends on how you define the term "transfer." It could be argued that a transfer of funds to a vendor would constitute part of a transfer of the magazine to the purchaser. Personally I don't see it that way, but I'm not a lawyer so I'm not sure how the law would be interpreted.

    If that's the interpretation though, it would make it impossible for a person to gift a friend or relative out of state with an online purchase sent directly to their home. I've done that a number of times to relatives of mine living out of state, so while the billing address is in MD, the shipping address is definitely not.
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    Could be isn't against the law. You can order from here and ship to out of state address.

    Are you willing to risk the legal bills and possible jail time over "could be?"

    Could be legal, could be illegal.

    Glad you are volunteering to be the test case.
     

    trickg

    Guns 'n Drums
    MDS Supporter
    Jul 22, 2008
    14,702
    Glen Burnie
    Are you willing to risk the legal bills and possible jail time over "could be?"

    Could be legal, could be illegal.

    Glad you are volunteering to be the test case.
    The reality is that legally or illegal, it's not something that the State would ever find out about. That's just the reality about how piss-poor of a law it is. It didn't limit anything - it was feel-good legislation that is little more than a pain in the ass to the gun owners in this state.
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    The reality is that legally or illegal, it's not something that the State would ever find out about. That's just the reality about how piss-poor of a law it is. It didn't limit anything - it was feel-good legislation that is little more than a pain in the ass to the gun owners in this state.

    Unless you talk about it on an open, public forum.
     

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