rmbstyle
Member
This may be a dumb question, but is it legal to sell and ship a magazine over 10 rounds so someone out of state?
Thanks
Thanks
Selling Mags Out of State
- Thread starter rmbstyle
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No.
The law says you must be outside the boundaries of MD to conduct any transfer. Sorry, this insanity continues until we can kill it.
If you disassemble them in order to ship as Gun parts you are not shipping magazines.
The law says you must be outside the boundaries of MD to conduct any transfer. Sorry, this insanity continues until we can kill it.
If you disassemble them in order to ship as Gun parts you are not shipping magazines.
iH8DemLibz
When All Else Fails.
My take on this is that the transfer occurs when the person receives the magazines.
Packing them up and shipping them is not a transfer. Unless we're talking about a transfer from one location to another. Which we're not.
We're talking about physical possession. The buyer is taking possession out of state.
.02 and IANA30RMTL
PS: Has anyone any MSP guidance on this idiotic BS law.
Packing them up and shipping them is not a transfer. Unless we're talking about a transfer from one location to another. Which we're not.
We're talking about physical possession. The buyer is taking possession out of state.
.02 and IANA30RMTL
PS: Has anyone any MSP guidance on this idiotic BS law.
I agree with you about the deliberate fog built into the language of the law.
We would only know if it was tested in court. If the OP was mailing to a stranger, seller beware. However, if the OP KNOWS HIS BUYER, then OP proceed with caution
We would only know if it was tested in court. If the OP was mailing to a stranger, seller beware. However, if the OP KNOWS HIS BUYER, then OP proceed with caution
Angelo597
Member
You can package and ship magazines (whole) out of state with no issues. Just cannot transfer any magazine over 10 rounds in state... that includes trade/barter/gift/mail, or other means. Accordingly, you cannot legally have magazines of greater than 10 rounds mailed to you in state; that constitutes a "transfer". Not illegal to possess, just cannot be a transferor or transferee.
Biggfoot44
Ultimate Member
- Aug 2, 2009
- 33,311
You can semi-convincingly make a case for the physical transfer occuring when out of state buyer recieves them out of state. Your *Offering for Sale* of said magazine can be more problematic.
iH8DemLibz
When All Else Fails.
Hello single poster. And welcome.
You sound awfully sure of yourself. In a positive way.
May I ask why you are so confident in your statement of fact?
Have you inside knowledge of what we're discussing?
iH8DemLibz
When All Else Fails.
Offering For Sale: The law means from one person to another person within the state of Maryland.
There is nothing in the law about shipping magazines out of state.
No offense to anyone, but this topic is BGOS.
- Jul 29, 2014
- 50,100
Pack up said mags into box for shipping. Drive across nearest state border to local PO and ship to other person's out of state address.
That is, if you are worried about breaking any laws.
That is, if you are worried about breaking any laws.
iH8DemLibz
When All Else Fails.
^^^That's a good plan too.^^^
Unless BS281 means it's strictly forbidden to put 10+ round magazines in a cardboard box.
Unless BS281 means it's strictly forbidden to put 10+ round magazines in a cardboard box.
Hawkeye
The Leatherstocking
- Jan 29, 2009
- 3,971
No, it doesn't. It means "offer for sale," period. There is no exception in the statute that says anything about where the parties are located. It is illegal for you, as someone in Maryland, to offer standard cap magazines for sale, period.
Now, if you drove up to PA and met someone up there and said "hey, I have these magazines to sell, would you like them?" and you sell them to him WHILE IN PA then that's fine.
But you may not offer a standard cap mag for sale while in Maryland, PERIOD.
iH8DemLibz
When All Else Fails.
I going to have to respectfully disagree with you.
The intent of the law is FTF in Maryland. Just like the intent of the law is no lightweight AR15 barrels post 10-1.
24 inch bull barrels, marked or unmarked, advertised as such or not advertised as such are, ***In My Opinion***, GTG post 10-1. Yet folks want to argue they are not.
I guess if some ladder climbing hotshot attorney really wanted to make a case, they could say a Pennsylvania sale, knowingly, originated in Maryland. Whereinthephuck does it end?
This is simple, the more folks kowtow to the MGA, the more the MGA is going to shove it in dry and break it off.
Biggfoot44
Ultimate Member
- Aug 2, 2009
- 33,311
Slippery hypothetical slope :
You and Tom standing around the range. " Hey Tom, want to buy my 30rd mag ? Sure. Ok meet me tommorow 30feet over Pa state line ."
You place an ad for 30rd magazines on the bulletin board at your gun club , stating delivery on far side of Potomac Riv bridge .
Those two would certianly seem to be offering for sale in Md.
You sit at your home computer, and create an ad for your 30 rd mags on arfcom.
Damn if I know.
Your cousin is into AR-15's. For a surprise christmas gift, you gift wrap some of your 30rd mags and ship to him marked do not open till Xmas.
Probably good.
You and Tom standing around the range. " Hey Tom, want to buy my 30rd mag ? Sure. Ok meet me tommorow 30feet over Pa state line ."
You place an ad for 30rd magazines on the bulletin board at your gun club , stating delivery on far side of Potomac Riv bridge .
Those two would certianly seem to be offering for sale in Md.
You sit at your home computer, and create an ad for your 30 rd mags on arfcom.
Damn if I know.
Your cousin is into AR-15's. For a surprise christmas gift, you gift wrap some of your 30rd mags and ship to him marked do not open till Xmas.
Probably good.
redeemed.man
Ultimate Member
Not exactly correct. You can legally have magazines over ten rounds shipped to you in Maryland if you are shipping them from yourself and to yourself because no transfer is taking place. If I purchase magazines in Florida while on vacation there is nothing in the law that prohibits me from shipping them to my house in Maryland. They were owned by me the entire time.
Clearly unusual to have someone with their first two posts both about often misunderstood parts of Maryland law. Perhaps you should introduce yourself.
MSP by chance?
- Jul 29, 2014
- 50,100
Try this one on for size...
What if someone asks to buy one of your 30 rnd. mags. You both live in Meryland. You both drive across state line and do the deal. You never offered the mag for sale. Legal or no?
What if someone asks to buy one of your 30 rnd. mags. You both live in Meryland. You both drive across state line and do the deal. You never offered the mag for sale. Legal or no?
hogarth
Ultimate Member
- Jun 13, 2009
- 2,504
Not a lawyer. Married to one, but that's immaterial.
While what the law says is pretty clear, I also think the intent of the lawmakers was pretty clear. They want fewer "high capacity magazines" in Maryland. Thus, I really don't see any reason why they'd have any issue shipping them OUT OF STATE, or even advertising for their sale OUT OF STATE. Just my opinion. Hard for me to foresee anyone having an issue with this.
While what the law says is pretty clear, I also think the intent of the lawmakers was pretty clear. They want fewer "high capacity magazines" in Maryland. Thus, I really don't see any reason why they'd have any issue shipping them OUT OF STATE, or even advertising for their sale OUT OF STATE. Just my opinion. Hard for me to foresee anyone having an issue with this.
iH8DemLibz
When All Else Fails.
I hadn't even looked at from your angle.
Makes sense though.
In their eyes, what ever it takes to get those evil magazines out of here.
Once they're empty you have to throw them away anyway
iH8DemLibz
When All Else Fails.
That's what she said.
Literally.
Literally.
what if you verbally offer them while out of state and then drive back to MD to ship them?
this can go on ad nauseum.
this can go on ad nauseum.
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