MagGuts Legality

[2ndCharter]

Md. Code Regs. 29.03.01.07 - Magazine Capacity​

A. Except as provided in §B of this regulation, a person may not manufacture, sell, offer for sale, purchase, receive, or transfer a detachable magazine that has a capacity of more than ten rounds of ammunition for a firearm.

There's lots of conversation about using MagGuts "upgrades" on the forums but I don't see anything related to the legality. Is this a "manufacture" activity or not? BGOS, I know.

IANAL but it would seem that an out of state purchase and installation, before returning to MD would not be covered under this law.

 

[Arcamm]

You can build any size magazine outside of MD as long as it's legal in the state where it's built.

 

[outrider58]

I've bought mag 'upgrades' and had them sent to Md. No problem.

 

[Sticky]

The state lines are not far, no matter where you reside.. just find one and do your thing. They take about 5 mins to install.

 

[Tower43]

Whatever you do, don't ask MSP

 

[jrumann59]

Does a tree make a sound when it falls in the forest and no one is around to hear it. Basically if its assembled outside the state its legal, but how will anyone know it was assembled outside the state, IANAL.

 

[2ndCharter]

I understand taking advantage of out-of-state travel for magazine purchases and enhancements. I was asking that if it was generally considered a "manufacture" act (a COMAR violation) to upgrade a magazine to accept more than the limit?

 

[John from MD]

I understand taking advantage of out-of-state travel for magazine purchases and enhancements. I was asking that if it was generally considered a "manufacture" act (a COMAR violation) to upgrade a magazine to accept more than the limit?

a person may not manufacture, sell, offer for sale, purchase, receive, or transfer a detachable magazine

Modify is not part of the statute.

Manufacturing is the process of transforming raw materials into finished goods through the use of tools, machines, and labor.

In this case, the Letter of the Law does not prohibit it. IANAL

 

[Chaim]

Many MD gun shops buy their stock with standard mags and then block them and glue them. You can usually change them back with some heat (hair dryers work) and some elbow grease. They will tell you emphatically (if you ask) that if you do this, you have to do it out of state as it constitutes manufacturing. I'm sure buying a kit to change 10 round mags to standard mags (or buying all the parts separately) to make it into a standard mag would also count as manufacturing. If I wanted to do this instead of putting my 10 rounders aside and not using them, I would be sure to do it in another state to cover myself (always CYA in MD).

 

[Garet Jax]

a person may not manufacture, sell, offer for sale, purchase, receive, or transfer a detachable magazine

Modify is not part of the statute.

Manufacturing is the process of transforming raw materials into finished goods through the use of tools, machines, and labor.

In this case, the Letter of the Law does not prohibit it. IANAL

I would say you're splitting a fine line. I say that magazine kits are "manufactured" when they are assembled. I say that unblocking or unpinning might be modifying which as you said isn't mentioned in the law.

Read my sig though because IANAL and I suffer from BGOS.

 

[LCPIWB]

Not a lawyer either...But I will throw a question/statement into the pot...
If I already have a magazine that is greater than 10 rounds and I install MagGuts to make it even greater (Example 12 -> 14), I would say I did not manufacture a magazine with greater than 10 rounds, because it already was greater than 10rounds.

 

[trickg]

The first rule of Greater Than 10 Round Magazine Club is.....

 

[FrankZ]

The first rule of Greater Than 10 Round Magazine Club is.....

They aren't high capacity?

 

[trickg]

They aren't high capacity?

I probably should have said, "The First Rule of Standard Capacity Magazine Club is...."

 

[FrankZ]

I probably should have said, "The First Rule of Standard Capacity Magazine Club is...."