MD Magazine question

[GTOGUNNER]

What are you talking about? It's perfectly legal to receive these mags in another state.

Care to cite your source?

First, I think the intent of the law is no additional standard capacity mags coming into the state. I do believe that sometime in the future the law will be enforced on one sorry sport. Probably a friendly suit just to get the desired result. 2nd, we have a search function, I wish people would use it. 3rd, online purchases require MD sales tax be paid. Not a big jump here. Yes I agree that the purchase can be made.

 

[rbird7282]

Intent of a law is irrelevant.


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[outrider58]

Many vendors won't ship ammo to Annapolis and Montgomery County. This is due to local laws.

Not talking about that. I was referring to high-cap magazines amongst other items now banned by Md.

I've only had one vendor refuse to ship ammo to me in Monkey Co.

 

[GTOGUNNER]

Intent of a law is irrelevant.


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With today's activist Judges, I wouldn't be so sure.

 

[Gabagool]

3rd, online purchases require MD sales tax be paid. Not a big jump here. Yes I agree that the purchase can be made.

Online purchases only require MD sales tax to be collected if the company has a physical presence in the state.

Amazon did not collect MD sales tax until recently when they set up facilities in MD. Vendors are not responsible for collecting sales tax for whatever state their customers happen to be from.

This applies to cars, clothes, liquor, everything.

 

[eruby]

First, I think the intent of the law is no additional standard capacity mags coming into the state. I do believe that sometime in the future the law will be enforced on one sorry sport. Probably a friendly suit just to get the desired result. 2nd, we have a search function, I wish people would use it. 3rd, online purchases require MD sales tax be paid. Not a big jump here. Yes I agree that the purchase can be made.

Online purchases only require MD sales tax to be collected if the company has a physical presence in the state.

Amazon did not collect MD sales tax until recently when they set up facilities in MD. Vendors are not responsible for collecting sales tax for whatever state their customers happen to be from.

This applies to cars, clothes, liquor, everything.

GTOGUNNER is saying that if you buy online, you are required to pay Maryland the sales tax (which many of us may or may not do )

You (Hateful .308) are talking about merchants collecting the tax.

Apples and eclairs. If I am wrong about any/all, cue Emily Litella.

 

[swinokur]

ok. not wrong, just cued Emily.

 

[TheNewGuy]

Disagree. Totally legal.

The law is written to include "purchase" and doesn't define in state in that paragraph. So by purchasing period you are walking a fine line as a Maryland resident.


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[hodgepodge]

The law is written to include "purchase" and doesn't define in state in that paragraph. So by purchasing period you are walking a fine line as a Maryland resident.


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Maryland cannot make laws affecting conduct outside Maryland. If I purchase out of state and take delivery out of state, Maryland has no contact. Purchasing magazines out of state and taking delivery out of state is totally legal.

We can discuss the excise taxes in another thread.

 

[pitpawten]

Maryland cannot make laws affecting conduct outside Maryland. If I purchase out of state and take delivery out of state, Maryland has no contact.

Agreed on this point and this scenario has been verified many times including by Assistant AG Mark Bowen (see attached)


That being said, I think the "internet purchase from within MD, pickup out of state" scenario would likely be sufficiently grey (regarding the "purchase" portion) to allow the potential for prosecution if MD chose to pursue it.

Poorly written laws cut both ways.

 

[swinokur]

My personal guideline is if MD tax wan't collected by the seller, the purchase did not occur in MD.

 

[TheNewGuy]

Primary Arms wont ship out of state if you have MD billing address. Just heads up. Tried to but 15rd glock mags. No joy.


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[TheNewGuy]

Agreed on this point and this scenario has been verified many times including by Assistant AG Mark Bowen (see attached)


That being said, I think the "internet purchase from within MD, pickup out of state" scenario would likely be sufficiently grey (regarding the "purchase" portion) to allow the potential for prosecution if MD chose to pursue it.

Poorly written laws cut both ways.

This


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[Pinecone]

well, the server's IP address is not in MD. so where was the order actually placed?

just playing devil's advocate

Up to you decide how to handle it.

I have my choice, and it works, at least for now.

You may agree or disagree.

 

[Pinecone]

If you're not being charge MD Sales Tax on your purchase, that purchase was made outside the state of Maryland. Trust me, if the state went after anyone for anything, it would be for not collecting the sales and use tax the state demands.

There's no way an online purchase, from a company that doesn't have a business presence within the confines of the state of MD, could ever be construed as an in state purchase.

Remember, states for years have been trying to figure out how to collect sales tax on such purchases. So THEY consider it an in-state purchase.

 

[sxs]

Why sweat it? Just go to an out of state gun show, look through the vendors, buy from those same with a good price. I've found deals that are hard to beat at Gettysburg and Harrisburg.

 

[outrider58]

Md. assh0les neglected to cover their a$$e$ regarding OOS purchases. Stop helping them. There is no ruling authority on out of state purchases.

 

[j_h_smith]

MD can't legislate interstate commerce. That would be like MD passing a law that says you can't buy a car in another state. They can't do it.

 

[ARMatt]

There are plenty of gun shops in VA who openly offer you to ship your mags to to their store for free , just as a courtesy to us behind enemy lines
ITS LEGAL.

 

[ARMatt]

MD can't legislate interstate commerce. That would be like MD passing a law that says you can't buy a car in another state. They can't do it.

I agree with as many others do but you just can't reason with some
Most of us know what we're saying is correct and if it was in fact illegal plenty of us would have been fined which hasn't happened
No sense in continuing beating a dead horse lol