10 Round Magazine CCW / Wear & Carry

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  • BurkeM

    Ultimate Member
    MDS Supporter
    Jan 8, 2014
    1,681
    Baltimore
    As I understand it, you can carry and use any capacity magazine legally. If however, you are involved in a situation where you are forced to use your weapon and the powers that be determine it was unjustified, they can tack on an additional charge for using a " high capacity magazine ". Just the way it was explained to me and I could be completely wrong.
    You understand the statutes correctly.


     

    Biggfoot44

    Ultimate Member
    Aug 2, 2009
    33,298
    As I understand it, you can carry and use any capacity magazine legally. If however, you are involved in a situation where you are forced to use your weapon and the powers that be determine it was unjustified, they can tack on an additional charge for using a " high capacity magazine ". Just the way it was explained to me and I could be completely wrong.

    And for further context , if they are charging Use of High Capacity Magazine , the same * alleged * set of facts would also include for charging Use of Handgun in Crime of Violence , and 1st Deg Assault or higher . Both of which would have been charged even if you had used your Single Shot Derringer.
     

    Art3

    Eqinsu Ocha
    MDS Supporter
    Jan 30, 2015
    13,324
    Harford County
    And for further context , if they are charging Use of High Capacity Magazine , the same * alleged * set of facts would also include for charging Use of Handgun in Crime of Violence , and 1st Deg Assault or higher . Both of which would have been charged even if you had used your Single Shot Derringer.
    Both of which are prohibiting offenses anyway, right?
     

    teratos

    My hair is amazing
    MDS Supporter
    Patriot Picket
    Jan 22, 2009
    59,842
    Bel Air
    If you are charged/convicted of using a standard cap mag in a crime you’ve got bigger problems. They don’t add this on for running a red light….
     

    Biggfoot44

    Ultimate Member
    Aug 2, 2009
    33,298
    Lol, I think you mean “mandatory”
    It gets dropped all if the time.

    That's the thing of it .
    For " regular criminals " it routinely gets dropped / plea bargained .
    When it does get used is for otherwise straight citizens with almost Self Defense , who don't have any other crimes .

    Not saying it is very likely , just to point out that even in worst case scenarios , the carrying 11 rd mags is a minor tertiary concern . like littering while eluding a hit & run at 120 mph .
     

    rbird7282

    Ultimate Member
    MDS Supporter
    Dec 6, 2012
    18,736
    Columbia
    That's the thing of it .
    For " regular criminals " it routinely gets dropped / plea bargained .
    When it does get used is for otherwise straight citizens with almost Self Defense , who don't have any other crimes .

    Not saying it is very likely , just to point out that even in worst case scenarios , the carrying 11 rd mags is a minor tertiary concern . like littering while eluding a hit & run at 120 mph .

    Yep


    Sent from my iPhone using Tapatalk
     

    FRISteve

    Active Member
    Apr 2, 2012
    115
    Dover, PA
    I've tried google to find the answer to this question, and I've read thru maryland gun laws on ATF website, but I can't find it.

    I've had my carry permit for 30 years, and mostly carry a small pocket pistol, so I've never worried to much about the size of my magazines.

    But at my last renewal, the instructor said that they changed the rules, and that we could no longer carry Standard Capacity mags, we had to go with mags at or below 10 rounds.

    A bunch of friends are now getting permits, and we have been talking, Standard Capacity mags are legal to possess, you just can't buy / sell / transfer them. So why can't we carry them?

    Can anyone point me to the law?
    Your instructor is misinformed. It is illegal to buy, sell, give, transfer a magazine over 10 rounds within the state of Maryland. You can possess and carry as many as you'd like, as long as you either had them or you buy them somewhere other than Maryland. So, take a trip to PA, DE, and VA, buy a ton and drive back home.
     

    Mark75H

    MD Wear&Carry Instructor
    Industry Partner
    MDS Supporter
    Sep 25, 2011
    17,260
    Outside the Gates
    Thank you for answering this for the 7th time (I counted to see how many answered before you). Just curious, did you read any of the other responses or did you just click from the top?
     

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