Illegal to USE mags larger than 10 in MD?

[aeubank2]

That is so sad. Maryland should have laws that protect law-abiding citizens who engage in self-defense.

 

[teratos]

That is so sad. Maryland should have laws that protect law-abiding citizens who engage in self-defense.

…and the problem would largely solve itself.

 

[Micktaco]

Now another scenario, you’re a LE and charged with a felony for a bad shoot by a libtard States attorney. You’ve got a department issued 15 round mag, or even self purchased mags carrying on your person. LE exemption here? (Used to be a cop, not anymore, just curious as to thoughts on this scenario)

 

[DanGuy48]

I just want to take a moment to thank all the legal eagles we have on this board who can shed some light on the completely FUBAR’d and arcane gun laws in Maryland.

THANKS!

 

[eruby]

Now another scenario, you’re a LE and charged with a felony for a bad shoot by a libtard States attorney. You’ve got a department issued 15 round mag, or even self purchased mags carrying on your person. LE exemption here? (Used to be a cop, not anymore, just curious as to thoughts on this scenario)

Good to see you post again!!

 

[2A Maryland]

Criminal Law Article §4–305.
(a) This section does not apply to:
(1) a .22 caliber rifle with a tubular magazine; or
(2) a law enforcement officer or a person who retired in good standing
from service with a law enforcement agency of the United States, the State, or any
law enforcement agency in the State.
(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.

Does not prohibit the possession and use of over 10 round magazine.

HOWEVER possession of over 10 round magazine in the commission of certain crimes is prohibited:

Criminal Law Article §4–306.
(a) Except as otherwise provided in this subtitle, 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.
(b) (1) A person who uses an assault weapon, a rapid fire trigger
activator, or a magazine that has a capacity of more than 10 rounds of ammunition,
in the commission of a felony or a crime of violence as defined in § 5–101 of the Public
Safety Article is guilty of a misdemeanor and on conviction, in addition to any other
sentence imposed for the felony or crime of violence, shall be sentenced under this
subsection.
(2) (i) For a first violation, the person shall be sentenced to
imprisonment for not less than 5 years and not exceeding 20 years.
(ii) The court may not impose less than the minimum sentence
of 5 years.
(iii) The mandatory minimum sentence of 5 years may not be
suspended.
(iv) Except as otherwise provided in § 4–305 of the Correctional
Services Article, the person is not eligible for parole in less than 5 years.
(3) (i) For each subsequent violation, the person shall be
sentenced to imprisonment for not less than 10 years and not exceeding 20 years.
(ii) The court may not impose less than the minimum sentence
of 10 years.
(iii) A sentence imposed under this paragraph shall be
consecutive to and not concurrent with any other sentence imposed for the felony or
crime of violence.

Public Safety Article §5–101.
(a) In this subtitle the following words have the meanings indicated.
(b) “Antique firearm” has the meaning stated in § 4–201 of the Criminal Law
Article.
(b–1) (1) “Convicted of a disqualifying crime” includes:
(i) a case in which a person received probation before judgment for
a crime of violence; and
(ii) a case in which a person received probation before judgment in a
domestically related crime as defined in § 6–233 of the Criminal Procedure Article.
(2) “Convicted of a disqualifying crime” does not include a case in which a
person received a probation before judgment:
(i) for assault in the second degree, unless the crime was a
domestically related crime as defined in § 6–233 of the Criminal Procedure Article; or
(ii) that was expunged under Title 10, Subtitle 1 of the Criminal
Procedure Article.
(c) “Crime of violence” means:
(1) abduction;
(2) arson in the first degree;
(3) assault in the first or second degree;
(4) burglary in the first, second, or third degree;
(5) carjacking and armed carjacking;
(6) escape in the first degree;
(7) kidnapping;
(8) voluntary manslaughter;
(9) maiming as previously proscribed under former Article 27, § 386 of the
Code;
(10) mayhem as previously proscribed under former Article 27, § 384 of the Code;
(11) murder in the first or second degree;
(12) rape in the first or second degree;
(13) robbery;
(14) robbery with a dangerous weapon;
(15) sexual offense in the first, second, or third degree;
(16) home invasion under § 6–202(b) of the Criminal Law Article;
(17) an attempt to commit any of the crimes listed in items (1) through (16)
of this subsection; or
(18) assault with intent to commit any of the crimes listed in items (1)
through (16) of this subsection or a crime punishable by imprisonment for more than 1 year

 

[Th33gunner]

violation of law is civil crime indeed, but misinterpretation or disenforcement of law in name of social justice is a high crime. From human history, high crimes always had their alibi if even being questioned or prosecuted at all. I think we are in a very dangerous turning point, as stakeholders from both extreme sides are doing their best to contest the boundary between morality and justice by constantly eroding the rule of law.

First is the full-auto, then semi-auto, then AR/AK, then standard mag, then any auto, then revolver, then SAO revolver, then any metal sharp object - same standard for dwellers living in any correctional penitentiary facilities, that means we are all considered prisoners no matter what, from the law makers.

 

[dasmith8952]

So, no surprise, a Balitmore council member has staff that got in trouble. But I don’t want to get into that. This woman had a handgun with her, in her car, apparently distributing pot, and no CCW. The gun had two 16 capacity mags. One fully loaded in the gun and a second with 14 rounds. The Sun article says:

“Johnson was charged with utilizing a magazine with a capacity of more than 10 rounds of ammunition, a misdemeanor that carries a maximum penalty of three years incarceration, a $5,000 fine or both.”

I know we cannot manufacture, alter, transfer, buy or sell mags with capacity greater than 10 here in Md. But we can own them, if acquired elsewhere. These charges make it sound like we are prohibited from USING the larger mags in MD. I was not aware of this. Can someone with knowledge of this law (even if you’re not a lawyer) educate me on this? If one were to (hypothetically) own larger mags and had a CCW, would that person not be allowed to carry with them? And what about at the range? Would this same hypothetical person be in violation if they were training with (and this, utilizing) a larger capacity mag?

Sorry if this has been discussed before. I did a quick scan of recent posts but didn’t see anything related.

Full article here:

City Council President Nick Mosby’s assistant arrested on gun, drug charges in Baltimore County

An assistant for Baltimore City Council President Nick Mosby was arrested on gun and marijuana distribution charges in Baltimore County earlier this month, and released from jail Friday, court reco…

www.baltimoresun.com

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Last updated
APRIL 2, 2021
.
In Maryland, no person may manufacture, sell, offer for sale, purchase, receive or transfer a detachable magazine that has a capacity of more than 10 rounds of ammunition.1

 

[huesmann]

Taking a gun out of my safe in my home during a burglary and using it to protect myself and family with a 12, 13, 15 etc round mag instead of a 10 rounder, AM I NOW committing a crime, so I could face the " in commission of a crime" charge?

If your action would otherwise be legal with a 10-round mag, no crime.

Burglar enters your house, shoots at you/family with a handgun. You return fire with your 10-round mag gun. No crime.

Burglar (armed or not) enters your house, sees you armed, leaves your house and starts running away. You shoot him in the street with your 10-round mag gun. Crime.

 

[Doug Hile]

Three pages of discussion on what is considered legal and 'illegal' according to people who have NO RIGHT to Infringe on ANYTHING about the Second Amendment, to begin with.

 

[DC-W]

Three pages of discussion on what is considered legal and 'illegal' according to people who have NO RIGHT to Infringe on ANYTHING about the Second Amendment, to begin with.

These laws are an affront to the 2nd Amendment, but they are enforced every day by those who swore an oath to the Constitution.

 

[chief bob]

Maryland being Maryland when comes to “gun laws”

But why the dust up about 10 round mags…it is a fact of life here in MD

I only use10 round mags with my EDC Glock as that is how I carry and train… no confusion in the moment… I do carry two or more additional 10 round mags on my person for a “rainy day”

Just the thoughts of an “Old Timer”

 

[KIBarrister]

Here are her charges: https://casesearch.courts.state.md....caseId=D08CR22004221&loc=29&detailLoc=ODYCRIM

Here is Md Criminal Law § 4-306(b)(1):



[...]

Because she’s also charged with felonies, (b)(1) is an applicable charge.

And she was ROR'd! Thanks Criminal Justice Reinvestment Act - now her customers can stop jonesing for their fix. Be warned though, you come to the rural counties and CJRA be damned, you will be held without....

Yeah a good friend of mine was attacked by a guy in Ellicott city a few years ago. He’d stolen a bike from her porch and she drove after him to confront him. Her her defense, she was having a BAD week and it as her son’s bike. So her first thought wasn’t call the cops. The guy dropped the bike and started to run. So she stuck it in her car and went to get back in and he ran at her and punched her several times in the face and tried to pull her out of her car. She got away. Cops caught up with him not long after.

Rap sheet several pages long including at least 3 or 4 convictions in a dozen years. Probably the guy needed some serious social services intervention/helping hand more then a decade ago, but was probably a lost cause. A lot of vagrancy and public intoxication stuff early on, but moving in to assault and domestic abuse and theft the last few years.

Anyway, DA basically said state charges we could get 3 years, but he’d likely walk in 1. County charges they could get 2 years and he’d serve all of it. So my friend said “okay, let’s go county”.

Yeah, he was sentenced to 2. He was credited for about 50 days in jail (he pled, so it was all fast) and he did get “good conduct”. Basically he was in for about a year of the 2 years.

My friend still can’t lift her arm above shoulder height from the damage he did punching her. And her physical therapy lasted longer than the time he served.

I am all about reform and helping people change their life. Just throwing them in jail or prison rarely is going to change them for the better. But if that is ALL we are going to do anyway, this BS of putting someone away for small fractions of the penalty when they are looking at their 2nd, 3rd, 6th offenses. Nope. That’s the kind of crap they need to be looking at the max sentence and making sure they serve it unless they can convince a parole board they’ve really changed. Not just “credit for good behavior” when that is often 1:1.

Diminuition credits. Outside a crime of violence generally, you serve 24% of a sentence in prison at most and 50% of a sentence in jail. If there is overcrowding or other issues it is possible to go down from there. So 2 years of local time is work 1 year - but you need to get over 4 years of prison time in the state system to do the same year. You can tell the folks that know the system because they specifically ask me for state rather than county time (state time is also more palatable because there are more privileged).

Maryland being Maryland when comes to “gun laws”

But why the dust up about 10 round mags…it is a fact of life here in MD

I only use10 round mags with my EDC Glock as that is how I carry and train… no confusion in the moment… I do carry two or more additional 10 round mags on my person for a “rainy day”

Just the thoughts of an “Old Timer”

I'd recommend getting some standard capacity magazines. Neutering your CCW doesn't make sense.

 

[chilipeppermaniac]

Three pages of discussion on what is considered legal and 'illegal' according to people who have NO RIGHT to Infringe on ANYTHING about the Second Amendment, to begin with.

Yup BUT. Due to "Control" they have acquired, now even if a legal gun owner should shoot a person in the act of posing a threat to life such as a home invasion, car jacking, kidnapping etc, even with a CCW in public, or in the home use of our firearm, litigious society we now have possible charges against the endangered shooter vs the corpse/ surviving perp. It is F'd up, like you said. No regard for our Constitutional, let alone God given right to protect one's life.

 

[Doug Hile]

These laws are an affront to the 2nd Amendment, but they are enforced every day by those who swore an oath to the Constitution.

How can they honor their Oath, and continue to legitimize this travesty against the Constitution? It renders their Oath, meaningless.

 

[LRoberts]

Possesion is not illegal. However if I recall correctly it is illegal to use a mag with more than 10 rounds in the comission of a crime.

Basically one more tack on charge for prosecutors to use in order to rack up a long list of scary sounding charges.

Illegal to use, period.

 

[rbird7282]

Maryland being Maryland when comes to “gun laws”

But why the dust up about 10 round mags…it is a fact of life here in MD

I only use10 round mags with my EDC Glock as that is how I carry and train… no confusion in the moment… I do carry two or more additional 10 round mags on my person for a “rainy day”

Just the thoughts of an “Old Timer”

Why? There is no reason to not use standard capacity mags with your EDC or any other firearm.


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[rbird7282]

Illegal to use, period.

No, it’s not.


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[Art3]

No, it’s not.


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Well...just illegal to use illegally. I guess I can get behind that logic

 

[rbird7282]

Well...just illegal to use illegally. I guess I can get behind that logic

Lol, exactly.


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