Posted: 5/5/2005 7:18:56 PM EDT
I know in Maryland that you cannot buy a magazine over a 20 round capacity, but does that also prevent you from going to say PA purchasing one and then bringing it into Maryland with you?
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| I'm about to move back to the PRM with some 30-round magazines and had the same question. I called MSP and spoke with an officer who said that you can't bring any rifle magazines into MD with a capacity over 20, or any pistol magazines with a capacity over 10. This directly contradicts what I have always been told by fellow ARFCOMers, and since the officer threw in that bit about the 10 round pistol magazines, I just assumed he was an idiot. I ****think***** that Maryland law prohibits the purchase, sale, or transfer of any magazine with a capacity over 20 rounds within the state of MD. However, it is not a crime to possess a 30 round magazine in MD so long as you obtained it outside the state of MD. So you can go across the river in VA and buy as many 30 rounders as you want and bring them back. This makes sense given that there is no registry of "high" capacity magazines in MD, and without that registry, there would be no way to tell the difference between 30 rounders possessed before the law took effect and 30 rounders obtained after the law took effect. Basically, as long as you buy in PA, I think you're fine. Does anybody know if MD makes a distinction between pistol and rifle magazines? |
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Yes, you may bring your own property into Maryland. The policeman is mistaken about the law. No, there is no distinction between pistol and rifle magazines. The sale, transfer and receipt of any magazine over 20 rounds is restricted. The "pistol mag over 10" thing is a throwback from the expired federal ban and was never MD law. It IS legal to own / possess / use / talk about "full-capacity" magazines in Maryland, one just cannot "take possession" while inside state lines. Maryland cannot dictate what happens outside it's boundaries, and, in this case, does not prevent you from returning with your own (new) property. If your mags are date-stamped, there is indeed a way to tell when they were made. There is a thread around here somewhere where someone quoted the law itself . . . . |
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Obviously Maryland cannot control what happens outside its borders, but it is indeed legal to have the 30rd + capacity mags there? I called the MSP a while back also and they told me the same thing that libertyforall was told. I just want to be absolutly certain because I don't want to break the law. The MSP also told me that because I have so called "Assualt Rifles" and hand guns that I would have to ship all of my guns from Michigan to an FFL dealer in Maryland and have them transfered back to me. I was not sure if this was true or not either. |
Kharn |
ยง 4-305. (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. Maryland Code |
| Well that answered one of the questions I was about to ask...but I do have another. I'm about to move back to MD, and I am wondering if I need to register any of my "regulated firearms" that I've bought while residing outside of MD? I haven't seen anything saying I do, but want to ask you guys b/c you seem to know stuff like this. |
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Brillo, I guess that I am just some kind of dumbass but does this code mean that I can't bring the mags over 20rds in from another state? I am just kind of unclear about the wording in the MDCode that you posted. To me, it just looks like you cannot, purchase, sell, make, or trade the mags while in Maryland, but it doesn't look like it keeps you from bringing them in from another state. Is this correct? |
I am guessing that it is up to what "transfer" means. That word is probably used in the sense that it is refering to transfering of legal ownership or possession and not the physical "transfer" of it across the state line. The word "transport" is used elsewhere in the maryland laws, so it would be a bigger reach for a prosecutor to try to equate "transfer" with "transport". No idea if there are any controlling court cases on this subject and I would certainly not want to be the first one. Thus it is probably a good idea to not "transport" hi capacity magazines into the state without first getting a written statement from the AG. |
yes
Then you were talking to an idiot. I know of several MSP police that recommend you go up to PA or down to VA to buy 30 round magazines.
Another blatent lie. There is no registration of firearms in MD. There are special checks they will do if you want to BUY a controlled weapon (and they make a list from that). But there is no law requiring any form of registration. I don't know who you talked to but he sure doesn't sound like a real state police officer - and if he is then he's the guy who graduated last... If you want to talk with anyone it's the Sgts in the Firearms Branch over in Jessup. Good guys who know the firearms laws. |
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The MSP officer that I spoke with was in the firearms branch of the state police. I don't remember his name, but he was higher up in rank like a Lt. or captain. I don't remember which one it was. Forest- I had also sent the NRA an email about this because they post state firearms laws on the website and they told me the same thing that you did. If I want to live in MD and have high cap mags just go out of state and buy them and then bring them back. I would be more than happy to contact the MSP again and talk to a Sgt. who maybe more knowlegdable. If you know anyone specific that I should contact please let me know. |
You serious? The gunshop in my town has a bunch of 30 rounders for an AR. Box full of the one's with the green followers. 
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I do know that they don't register "Restricted Weapons" in Maryland, but they do make a record of the transaction and they do the same thing here in Michigan when you purchase a gun. I did also read that if a MD resident wants to go to PA for example and buy a restricted gun there that the dealer in PA has to ship the gun to a dealer in MD to make the transaction. But if I am not currently a MD resident and I already own the guns, there was already a record made of the transaction in MI, so why would I basically have to buy back guns that I already have the legal right to have and furthermore, I would only be able to obtain each one of MY guns at the rate of one per month. |
Registration of ARs etc was one of the things that the commies tried to add to MD law the past few sessions and died. It does not exist now. I would also recommend that you buy any handguns you want now, they will be cheaper and easier to get especially if they do not have an internal lock. |
I know of only two guys in the Firearms branch and they were both Sargents, I've talked to both on the phone - and one in person (he did the paperwork for a handgun I sold). I couldn't tell you their names off the top of my head as it's been 2 years since my last conversation with the branch. If you call ask for one of the Sargents - if you get the same guy as before ask him to quote the section and line of MD law that requires registration or prohibits possession of magazines with capacities over 30. And if you can get the guy's name, I'm sure the the AGCs legislative representative would like to have a talk with him - or better yet his supervisor. |