Question on selling 30 rd. mags

[rwbow1969]

I know it is illegal to manufacture, purchase, transfer and or sell mags over 20 rds. in MD.

Question: Is it legal for me to sell them to an out of state person? I am sitting on about 100 extra USGI 30rd. mags and looking to lighten the load.

Thanks in advance for the help.

Rob

 

[Norton]

This is what the law says:

§ 4-305. Detachable magazines -- Prohibited

(a) Scope of section. -- This section does not apply to a .22 caliber rifle with a tubular magazine.

(b) Prohibited. -- A person may not manufacture, sell, offer for sale, purchase, receive, or transfer a detachable magazine that has a capacity of more than 20 rounds of ammunition for a firearm.​

HISTORY: An. Code 1957, art. 27, § 36H-5(b); 2002, ch. 26, § 2.

Emphasis is mine.

Our interpretation for the purposes of the management of the forum is that it is not permissible to offer them for sale, even if the actual transaction occurs outside of the state.

 

[Auckland]

I'm sure you could drive to the 1st shop across the border and name your price. they can sell them.

 

[rwbow1969]

Thanks Norton, I was wanting to put them up on Gone-Broker and I wasn't sure if that applied to that situation. I didn't want to list them and have the MD flag flying along side of my name and get called out on there.

 

[Wayne1one]

But you can arrange for the sale out of state and go out of state and sell the mags.

 

[Makarov Kid]

I know it is illegal to manufacture, purchase, transfer and or sell mags over 20 rds. in MD.

Question: Is it legal for me to sell them to an out of state person? I am sitting on about 100 extra USGI 30rd. mags and looking to lighten the load.

Thanks in advance for the help.

Rob

I'd think you'd be able to sell out of state. You can't offer them for sale in MARYLAND, but Virginia, Pennsylvania, Delaware, and all the other states with no magazine restriction, you would be able to sell the 30 round magazines.

 

[Wayne1one]

I'd think you'd be able to sell out of state. You can't offer them for sale in MARYLAND, but Virginia, Pennsylvania, Delaware, and all the other states with no magazine restriction, you would be able to sell the 30 round magazines.

this

 

[rseymorejr]

But you can arrange for the sale out of state and go out of state and sell the mags.

I think the sticky part is: where are you when you are offering for sale, if you are in MD, sitting at your computer, you are in violation. If you stick them in a bag and go to a gun show in PA with a sign on your back, you are good to go.

 

[Norton]

If we are allowed to purchase it out of state, why not sell it out of state?

The "offer for sale" is the sticking point.

Does it mean "offer for sale in Maryland" or does it mean "offer for sale in Maryland".

There's a big difference and in typical Maryland fashion the law is written vaguely and is very much subject to the whims of interpretation.

Hence, we take the conservative position that even to offer them for sale while the seller is in Maryland is a violation, even if the actual transaction takes place elsewhere.

I don't like the circumstance any more than the next person, but in the interest of protecting this community and it's owner, it's a necessary precaution.

 

[Norton]

But you can arrange for the sale out of state and go out of state and sell the mags.

Are you willing to be the test case? Seriously, this is uncharted territory.

At one point, there was an interpretation floating around that possession of the magazines was in violation. Fortunately, it gained no traction.

 

[Norton]

I think the sticky part is: where are you when you are offering for sale, if you are in MD, sitting at your computer, you are in violation. If you stick them in a bag and go to a gun show in PA with a sign on your back, you are good to go.

In that circumstance, my not-a-lawyer-but-I've-gotten-some-pretty-good-practice-at-interpreting-things opinion would concur that it would be nearly impossible to interpret that as a violation.

 

[rwbow1969]

Are you willing to be the test case? Seriously, this is uncharted territory.

At one point, there was an interpretation floating around that possession of the magazines was in violation. Fortunately, it gained no traction.

This is exactly my point. No, I don't want to be the lab rat either LOL. The part of me being in MD at my PC and listing the sale is the kicker.

 

[Norton]

This is exactly my point. No, I don't want to be the lab rat either LOL. The part of me being in MD at my PC and listing the sale is the kicker.

Again...my armchair opinion concurs.

 

[fivepointstar]

I would think "offer for sale" in the state of MD meaning sale and transfer in the state. I don't see it unlawful for someone to post them for sale on Gunbroker and state "Not for sale in MD or any other state where unlawful." IMO

 

[Tacticalglobe]

Your best bet is to ask an attorny or go to the State Police and ask.

For 100 mags to sell, it be worth paying an attorny $100.00 to answer the question.

It's like getting a $30.00 taxi ride home after drinking. At first you're like, 30 bucks just for a ride home. Until you get that DUI and spend thousands and years of heartache.

 

[fivepointstar]

Your best bet is to ask an attorny or go to the State Police and ask.

For 100 mags to sell, it be worth paying an attorny $100.00 to answer the question.

It's like getting a $30.00 taxi ride home after drinking. At first you're like, 30 bucks just for a ride home. Until you get that DUI and spend thousands and years of heartache.

good idea, there are a few attornies that are members here, I wonder how they interpret it?

 

[Dan44]

There are companys in Md that ship mags ot of state. Atlantic Firearms, Fulton Armory, LWRC etc.

 

[Threeband]

... If you stick them in a bag and go to a gun show in PA with a sign on your back, you are good to go.

This sounds like the simplest way. Why complicate things?

Of course, you will have to pay the capital gains tax just like everybody else.

Say, weren't you and I supposed to meet for lunch tomorrow in Shephardstown?

 

[Tacticalglobe]

There are companys in Md that ship mags ot of state. Atlantic Firearms, Fulton Armory, LWRC etc.

They are FFL dealers.

 

[CypherPunk]

IMHO one may announce (or advertize, post, etc.) thier intention to offer them for sale in a state that permits such transfers.

There is a legal parellel for this, but it escapes me at this time. I am sure someone we be along to remind me shortly.