So exactly what are the laws in MD?


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nico
September 17, 2004, 12:02 AM
Someone mentioned the other day that >20 round magazines can't be bought in the state even though the AWB has expired. Does this include mail order? (ie: could I buy 25 round mags for my 10/22 directly from buttler creek?) Also, are there any other stupid laws like this that I should be aware of? Is there a place I can get a complete explanation of what is and isn't legal in MD that isn't written in lawyer?
thanks

edit: I can't remember who mentioned the law, but they said that the state police position is that if you want a >20 round mag, you should buy it in another state. I found this on packing.org:
High Capacity Magazines or Feeding Devices.

“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.” Md. Criminal Law Code § 4-305(b)This section does not apply to a .22 caliber rifle with a tubular magazine. Section 4-305(a).
Like I said, I don't speak lawyer, but it seems to me that this says any >20 round mag is illegal regardless of where it was purchased (since it says "transfer"). Can someone explain this to me?

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NBKUVS
September 17, 2004, 12:29 AM
Because "possession" and "transporting into MD" are not enumerated as prohibited acts, this language is generally interpreted to mean that if none of the enumerated prohibited acts take place in MD, then you are not in violation of the law. Put another way, since you can legally own 20 plus magazines, if you happened to move into MD with them you are okay; likewise, if you go to another state, order magazines, have them shipped to a non- MD address, go out of state to pick them up, and then bring them into MD, you are not in violation. On the other hand, and arguably, you would be in violation if you were to place a telephone or internet order while in MD to be shipped to an out of state address, since (again, arguably) you would be committing a prohibited act (purchasing, i.e., placing the order) while in MD. As a practical matter, best bet is to go to PA or VA gun shows to do your magazine purchases. Please note however, this is only my analysis; I am not a state prosecutor nor do I wear a black robe for a living, so . . .

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