Posted: 5/23/2008 2:16:38 PM EDT
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Im a NV Resident that just sold a MD resident 40 round magazines. He sent me a M/O with his MD address printed on it but also has a note saying for me to ship the magazines to DE. So being that he has his MD address printed on the M/O, doesnt that mean he purchased the magazines withen the state of MD even though he is picking them up in DE? I can see how he would be in the clear with this transaction, but what about me? Being that I received a M/O payment for the magazines with a MD address on it, the M/O doesnt make the transaction legal for me does it? I wish the buyer would have mentioned during the transaction that he was a MD resident and that I would be shipping the magazines to a different state before he sent his payment to me. I didnt know anything about this until I received the M/O payment. |
Saw each of them in half so they are only 20 round mags? Seriously, You did not do any of the following below. In fact, you wouldn't even be breaking the law by shipping it to his MD address, He'd be breaking the law when it received it though. It could be argued that he made a purchase transaction, but that's his ass on the line, not yours. ยง 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. |
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This is perfectly legal as long as the magazine is not shipped into MD it's fine. I have sent a M/O to cheaperthandirt.com and had them send it to PA so that I could pick it up. MD just prohibits the transaction of the sale in MD. So also with you being out of state and sending the Mag to DE it is perfectly legal. Even if it were through the internet with the person paying for it in MD as long as it isn't shipped to a MD address. |
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The a better question to ask is: What am I going to do if my local sheriff shows up at my door with an arrest warrant issued by MD? Sure it might be legal, but am I willing to post bond in MD, hitchhike back to NV, then come back to MD every 3 to 4 weeks until I can convince a judge that it was legal? I wish the buyer would have mentioned before the transaction that he was a MD resident and that I would be shipping the magazines to a different state. I didn't know anything about this until I received the M/O payment days later. Now im more then likely going to get a negative feed back from the buyer because im sending his M/O back and canceling this transaction. I like simple cut and dried transactions, I dont like to pussy foot around the law. The buyer had not once mentioned one thing about shipping the magazines to a state of which he doesnt reside in. |
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You're OK dasanii19. The deal is that he/we cannot *take possession* within the boundaries of the "Free State". Possession is fine, bringing them into the state yourself is fine. It is common practice for MD residents to visit gun shows in other states to buy magazines or to get magazines shipped to their relatives or vacation homes out of state. Oddly enough, there are even companies that will send un-assembled full capacity magazines to MD, and the resident must leave the state to assemble them, at which point he can legally return with his personal property. We constantly "thank" the soccer moms and girly men in Annapolis for all this misguided foolishness that has no impact on crime or effect on real criminals. |
Yep, do it all the time. I have mine sent to friends house in PA, and I pick them up when we go shooting. |
The MD LE will not come looking for you in NV. I'm willing to bet my O/T on it. |
Joint jurisdiction applies. State laws still apply onboard military installations. I had a coworker who the military was trying to apply a state law against him. The state did indeed have jurisdiction but had no interest in the case. I researched the issue at that time. |
It all depends on the installation. Some have exclusive jurisdiction, in which only the feds have power. And then some are concurrent jurisdiction in which feds and local have power. But always safer to abide the state law just in case. |
MIL and LEO's can buy 20+ all day. Well that is what the law says. Just send you ID and place your order. |
What are you smoking? You are wrong ! The transaction is legal. |
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The OP has not broken any MD law. I stated that in my post. The buyer would not break the law receiving the magazines sent to an out of state address. It could be argued that the buyer made a purchase within the state if he sent the money from his home address. I am not personally making that argument, just noting it as a possibility. None-the-less, it still doesn't effect the seller. As I noted no part of the law effects an out-of-state shipper, only the buyer/reciever. |