Sorry, asking about 20+ capacity mag law

[mathfish]

I'm sorry, I'm sure this question has been asked more than someone can count but yet I still cannot track down my answer. I am asking because I bought an AR online and even though I reminded them twice, they mailed a 30 round mag to my FFL. So my FFL said he would mail it to someone in another state and I could go pick it up there and bring back to MD. So my friend in VA wants to be sure everything is legit and I him my understanding of the law,by reading posts and word of mouth, is that it is perfectly legal to go out of state and buy or receive a 20+ magazine and then bring it back into MD. But in reading the code, I was curious as to how that can be shown.

So the wording is:
(a) This section does not apply to a .22 caliber rifle with a tubular magazine.

(b) 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.


Obviously it doesn't mention possession but it does mention 'transfer'. Why is the act of bringing a 20+ mag into MD not considered transfer?

Thanks again.

 

[BUFF7MM]

Perfectly fine to obtain 20+ round magazines from another state and bring them back.
As to your last question, what do you expect, this is Maryland after all, shows just how much thought is put into legislation in this F'ed up state.

 

[jonnyl]

The "transfer" is the change of ownership and taking possession. Maryland law only applies in Maryland. When you come back into Maryland you already possess it, which as you pointed out is not prohibited by the law.

This is NOT a "don't worry, they'll never know" situation. This is legal. If they wanted to ban possession they certainly would have.

Welcome to the forum. I hope this helps.

 

[mathfish]

Ok, so would the logic be 'Transfer' as in 'change of ownership' because if 'Transfer' was meant as 'movement of item to/from a location' that would mean it would be literally illegal to move your magazine, which is ridiculous. So it is illegal to transfer(change ownership) 20+ mags within Maryland but not illegal to transfer, by being in my possession, a 20+ round magazine from being located in VA to MD.

 

[Boom Boom]

You are over-thinking it. Transfer only refers to changing possession within MD. The law in question does not apply outside of MD. Let your FFL ship it someplace out of state. Drive there to get it and bring it back with you. When you re-enter MD, the magazine is already in your possession and perfectly legal. As already said, this is not a gray issue or bending the law. It's exactly the opposite, namely abiding by the law and following necessary procedure.

 

[mathfish]

Ok, thanks. Think I'm clear.

 

[Batu]

your semantics are just confusing you. Use "transport" (from state to state) which is legal for any magazine you own. no matter when or where you got it.

Illegal to buy/sell, have shipped to, Manufacture 20+ mags In Maryland

 

[abean4187]

This section of the law always confused me.

“(a) This section does not apply to a .22 caliber rifle with a tubular magazine.”

Does this mean that I can buy a 30 round mag for my 10/22 in Maryland?

 

[Ganegrei]

This section of the law always confused me.

“(a) This section does not apply to a .22 caliber rifle with a tubular magazine.”

Does this mean that I can buy a 30 round mag for my 10/22 in Maryland?

10/22's do not have tubular magazines.

 

[daggo66]

This section of the law always confused me.

“(a) This section does not apply to a .22 caliber rifle with a tubular magazine.”

Does this mean that I can buy a 30 round mag for my 10/22 in Maryland?

A "tubular" magazine is usually built into the rifle. Think of the internal magazine of a lever action rifle. It runs along the underside of the barrel.

 

[Benanov]

10/22's do not have tubular magazines.

Correct.

As a counterpoint, Marlin 60's do, and are exempt. However the magazine is...iirc, 13+1, (possibly 14+1)

There is nothing in the law that says you can't get a 20+round magazine kit* shipped to you out of state, assemble it there, and bring it back into MD in a completed form.



* Or a 3D printer, for that matter; although those are legal to own and have shipped directly. You just can't print the mag in MD as that's manufacture.

 

[wilcam47]

This section of the law always confused me.

“(a) This section does not apply to a .22 caliber rifle with a tubular magazine.”

Does this mean that I can buy a 30 round mag for my 10/22 in Maryland?

nope anything 20+ in a detachable magazine is a no go IN Md....just go to a VA or PA gun show and buy them...bring them home by the truck load for YOUR personal use and be done with it.

 

[Pinecone]

The AG has stated that "transfer" is a permanent change of possession (at least in reference to a firearm). So it seems you could loan someone a 20+ round magazing.

 

[Benanov]

The AG has stated that "transfer" is a permanent change of possession (at least in reference to a firearm). So it seems you could loan someone a 20+ round magazing.

MD's not a big state - it's probably easier to drive to a border (any of 4 states that's not DC) & 'loan' the mag than it is to fight it out in court.

 

[swinokur]

It's not 20+. It's > 20

Just to clarify. 20 is ok 21 is not.