MSP Hi-Cap Mag Sting Question

[HappyCamper]

My search-jistu is weak and I can't find it, but recently someone was talking about buying a semi-auto in MD and the dealer shipped the hi-cap mag out of state to another address and the MSP was going after the FFL for that.

Can someone point me to the thread that contained this??

Thanks

 

[rseymorejr]

My search-jistu is weak and I can't find it, but recently someone was talking about buying a semi-auto in MD and the dealer shipped the hi-cap mag out of state to another address and the MSP was going after the FFL for that.

Can someone point me to the thread that contained this??

Thanks

What's there to go after? Sounds perfectly OK to me.

 

[HappyCamper]

There was a thread that was following it, or it was buried in an HBAR thread or something, but I'm trying to find more information about it. Not arguing the legality of it, just more information the details if the particular incident.

 

[BigDaddy]

What's there to go after? Sounds perfectly OK to me.

But you aren't the MSP, are you? Some IP's are very nervous that they will be targeted. While it may be legal, the Peoples Republic employs lawyers. We already know the honorable Cardin and others worry about the spirit of the the law and the 7 day waiting period.

If they decide to sic the legal beagles on a gun shop, there is no cost to the State. They are paying the lawyers whether thay sit on their ass or file briefs.

Gunshops don't have the luxury of having lawyers on staff and they don't come cheap. In the end, the gunshop may have a legal victory but be broke.

 

[protegeV]

It is buried in one of the hbar threads and there are no more details in that post than what is contained in the op. Fwiw teratos is the one that briefly mentioned it.

 

[Name Taken]

If you are buying the firearm from them it's very suspect due to the wording of the law.

If they are doing a transfer it's a little less worrying but at the end of the day in liberal MD everything is a worry.

 

[HappyCamper]

Cool, thanks pV and NT.

 

[Mark75H]

I would think the solution is to have the mags invoiced to be paid for by the out of state addressee. That would legally make them NOT the property of the MD resident; it would instead be a MD legal sale to a non-MD resident. Even if it is only 1¢, its still a sale. Without the out of state sale, there would be some leeway to claim the MD resident paid for the mags.

 

[Evil Twin]

But it's legal for a MD resident to purchase them. It's also perfectly legal to bring them back into the state, so long as you did not take delivery of them within the state. It's funny how the spirit of the law concept is a one-way street with these crooks.

 

[Mark75H]

But it's legal for a MD resident to purchase them.

Only when the transaction and delivery are out of MD. I am not convinced you are correct on this point when delivery or payment occurs in MD

 

[Name Taken]

But it's legal for a MD resident to purchase them.

It is illegal to purchase them in MD.

That's part of the issue about shipping them out of state. On a transfer I believe the gun shop is kind of "out of it" as they are only a middle man so to speak.

But if they are selling you the gun and magazines and shipping them out of state for you to pick them up you have essentially made the purchase (and paid state taxes) on the magazines and they then shipped them.

Again..it's silly and could be easily avoided as stated about but it's a gray area for certain.

 

[protegeV]

But that's what you do on an open forum right? Blab, blab, blab. Not that anyone is overtly breaking any laws, but it reminds me of the nitwits that brag about their wrongdoings on Twitter/Facebook

 

[jkeys]

But that's what you do on an open forum right? Blab, blab, blab. Not that anyone is overtly breaking any laws, but it reminds me of the nitwits that brag about their wrongdoings on Twitter/Facebook

I kill unicorns. I said it on the internet so it must be true

 

[Docster]

I kill unicorns. I said it on the internet so it must be true

Yea, well I know where Jimmy Hoffa is buried 'cause.......

 

[fred333]

For the officially unofficial word on the import and possession of high capacity magazine, click here.

 

[Name Taken]

For the officially unofficial word on the import and possession of high capacity magazine, click here.

That tells us nothing that we already do not know.

It doesn't even answer the question at heart. Can you BUY a gun that comes with an "illegal" magazine, have the mag shipped out of state, and legally pick the mag up? That's the question.

Or how about a transfer. Since the purchase is out of state can the MD ffl get the magazine and send it out to be picked up. There is technically no "sale" on the MD FFl's part so I'm inclined to say yes but the first one not to sure on.

 

[protegeV]

They never tell you what you can and cannot do. They never make it cut and dried. They just regurgitate the same crap over and over and leave it up to you. Then they you if you do what they didn't want you to do without explicitly telling you.

IANAL but just reading that letter I would say the answer to the questions is NO

 

[johnnyb2]

SAFE

I would think the solution is to have the mags invoiced to be paid for by the out of state addressee. That would legally make them NOT the property of the MD resident; it would instead be a MD legal sale to a non-MD resident. Even if it is only 1¢, its still a sale. Without the out of state sale, there would be some leeway to claim the MD resident paid for the mags.

Sounds like the safest way to do it to me.

 

[johnnyb2]

PLEASE!

Yea, well I know where Jimmy Hoffa is buried 'cause.......

OH PLEASE...You do NOT KNOW where Jimmy is buried, because he IS NOT DEAD.

He is living in a 2br condo in Fl. on gulf coast side. The city is a SECRET but the rest is well known, amongst those that know.....of course@!!

 

[woodstock]

That tells us nothing that we already do not know.

It doesn't even answer the question at heart. Can you BUY a gun that comes with an "illegal" magazine, have the mag shipped out of state, and legally pick the mag up? That's the question.

Or how about a transfer. Since the purchase is out of state can the MD ffl get the magazine and send it out to be picked up. There is technically no "sale" on the MD FFl's part so I'm inclined to say yes but the first one not to sure on.

as from what i can tell of the new law, you can own, use, transport and store said magazine(s) if you purchased them BEFORE the new law went into effect. If ya don't save receipts, then the burden of proof is on the owner being questioned. border states to those who have a mag capacity ordinances are under extra scrutiny and any FFL who knowingly sold the "illegal" device may receive extra scrutiny for any and all transactions thereof.