20 round magazine order and October 1st

[cap6888]

Soooo, amongst all the debates of what we can do or not do with items ordered before October 1 and received after October 2, what about magazines? If I order a 20 round magazine, and don't receive it until, lets say, October 15, is that still ok? Anyone want to chime in on this?

 

[w2kbr]

Take a look here:

http://justinready.com/sb281faq/

R

 

[cap6888]

Thanks

 

[brokenwing]

Take a look here:

http://justinready.com/sb281faq/

R

Wow thank you, that really answered a lot of questions on the new laws.

 

[cm09578]

Great article, thanks!

 

[jkeys]

And this thread just cost me $200 on last minute mag purchases (It's easier to order online than to drive to VA or PA to buy).

 

[knightindullarmor]

a good lawyer would argue that the 'purchase' occurred the moment your credit card was charged.

credit card being charged on 9/30 gives you solid legal ground for receiving the mags, even after 10/1.

now, finding that lawyer who actually cares about things like the constitution... kinda iffy.

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according to the website cited above: What about if I am planning to buy a high-capacity magazine before October 1, 2013, but the dealer says it won’t be in stock until after that date? Can I still obtain the magazine?

There is no language in the law allowing licensed firearm dealers from clearing out their remaining inventory by selling high-capacity magazines to Maryland residents after October 1, 2013. If you intend to buy a high-capacity magazine, you should make sure that it will arrive by October 1, 2013, or you will not be legally allowed to take possession of it from the licensed firearm dealer after October 1, 2013.

lets be honest here. he is really stretching to say you will not be legally allowed to take possession of it without first determining when the purchase (credit card was charged or cash was transferred). in civil law, there is a substantial body of case-law that suggests that the 'purchase' occurred at the very moment that cash was given and received and/or a credit card or debit card was 'charged'. once the 'money' transfer takes place, there is a legally binding contract. this suggests that the property in question belongs to the buyer regardless of whether the buyer or the seller actually has possession of the property. imagine that i own a dog. i then leave that dog with my friend while i go away for a week on vacation. that is still my dog. i bought the dog from the breeder. i have the bills from the veteranarian and the grocery store receipts for years of regular dog food purchases. if that friend refuses to give back my dog upon return from my vacation, i can sue that 'friend' to have my property (dog) returned and/or file criminal charges for theft. therefore, whomever actually has the property in possession is not necessarily the owner of said property. once you pay for it, it is your magazine. your property. the 'dealer' is merely 'holding it for you'.

note: i'm not a lawyer, just someone who has spent a disproportionate amount of time trying to understand the twisted mess we call 'law'. i have also taken a few college courses dealing with business and tort law, but i am not a lawyer.

speaking from personal professional experience as a former insurance adjuster: if someone buys a car (pays cash to the seller and receives signed title), but leaves that car on the seller's property for a few days until he (the buyer) is able to obtain a valid licence plate and contact their insurance to add the car to the policy; and that car is stolen, then the insurance company is liable for covering the stolen car because there is a (required by law) grace period of insurance notification of anywhere from 7 to 30 days depending on the insurance company and specific policy in question. in other words - possession of the property does not imply ownership of said property. the transfer of monies and title means that the property is owned by the buyer regardless of whether or not the buyer has the property in his possession. and yes, i have dealt with insurance cases dealing with this very issue. money transfer = buyer owns the property.

 

[erwos]

You're skipping the bit where you're not allowed to transfer it. Purchase is a separate problem.

Sent from my ASUS Transformer Pad TF700T using Tapatalk 4

 

[daggo66]

Or receive.

 

[Ungermc]

All the legality aside, if this is an internet purchase made before 10/1 and the vendor still honors the sale and ships to your door...who's going to make it an issue?

As far as that goes, there are many vendors offering magazine repair kits on the internet...

"The tighter you grasp a handful of sand, the greater the amount which will leak between your fingers!"